National Republican. (Washington City (D.C.)) 1872-1888, 1884-07-14


tradition treaty by legal chicanery has
turned out badly.
The decision of Jud 20 Caron in Enos
case settles number of disputed points
with regard TO the extradition of fugi-
tives under the Ashburton treaty. First,
it is held that the mere exhibiting of an
indictment charging an offense covered
by the treaty is not sufficient. Tho case
must be heard on its merits, and must bo
determined in accordance with Canadian
law. Copies of the indictm ents found in
New York charging Emo with forgery were
laid before Judge Caron, but he ruled that
these were insufficient. Indictments are
found upon ex parte evidence. whereas
the tenth article of tho Ashburton treaty
provides that the accused may be brought
before judge, who is to hear the evil
dence, and determine whether it is suti-
cient 10 warrant his extradition.
Second. 1t is held that tho statutory
definition of crimes in the state from
which criminal fees cannot be consid.
cred by q Canadian court. Tho evidence
submitted must prove an extraditable
crime within the definitions that obtain
in Canada and England. Three of the
indictments against Emo, for instance,
were for forgery in the third degree, and
one for forgery in tho second degree.
Now, there are no degrees" Of forgery
at common law, and the evidence adduced
did not make out D case at common law,
nor would it have been sufficient to con-
vict the prisoner of forgery either in
Canada or in England, although 1t might
be sufficient to prove the crime rs defined
IL tho New York statute.
For these reasons Emo was discharged,
and nobody on this side of tho line can
find any fault with the decision of the
Canadian judge. The fault is with the
treaty, and it ought to be revised SO as to
include EN- bozzlement and forgery in its
various degrees, as defined in tho juris-
diction from which the criminal has fed.
The law that has been laid down by
Judge Caron is the law that would be
insisted upon in this country If any Irish
man charged with violating any of the
repression acts passed by the British par.
lament should be claimed for extradition
| If an indictment should be exhibited
charging murder or any other extradi
table crime, our courts would Insist oil
hearing the evidence and would determine
whether the ofiense came within the pro
visions of the Ashburton treaty and with
in the definitions of tho common law.
| --~-----
HAVING set Cleveland up as their idol
the seceders from the republican part.
are saved from the wrench to their feel
ings that would have probably been ex
perienced by some Of them had one o
the old time democratic war horses beer
nominated. But there is one feature o
tho Cleveland nomination that ought I,
severely exercise their consciences--al
lowing that they are possessed Of tha
attribute in some measure. That featur,
is the fact that he owes his nomination t
the stern enforcement of the un itrule
against which Mr.. George William Curti
was such q conspicuous rebel when HI
was republican. Prior to the period h,
and his associates became democrats, ther,
was nothing more iniquitous in their es
timation than the unit rule, and its abol
ishment by the republican party was in {
large measure concession to their out
cries against its alleged interference will
political freedom of action. From thu
fact that not one of the late republican
perfectionists has seen fit to protcs
against its enforcement in Cleveland
favor, it appears that they were eithei
hypocrites when republicans, or that IL
becoming democrats their views on thi
point, as on others, must have undergon
very radical change.