The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-12-10
THE COURTS DECISION
n THE ExrRApIrIoN LAWS,
Tho Crime Mu.t DO Specified or the Accused
Cannot bs held for TEIal-AgFIGul.
turaI Bill in the HOu's-
Congressional Matters,

AVA AHNA9W9 tNtNAAAAI kAAH AApkNAJ ~ NAkAA7
dition proceedings in III sand other coun.
tries, and discusses the questlons that
hHvs arisen In connection thereYlth. He
then takes up the specific treaty which
is to be construed in this case, namely,
the treaty Of lS42, between the United
States and Great Brltainl and speaking for
"The treaty Of 1919 being, therefore,
the supreme law ot the land we proceed
to inquire, in the first place, into the true
construction OF that treaty. We have al
ready seen that, according to the doctrine
Of publlCiBts and writers on international
law, the country receiving the offender
against its laws from another country
under that law had no right TO proceed
against him for any other ofense than that
Tor which be had been delivered up, This
ia q principle which Commends itself rs q
necessary adjunct to the discretionary eX-
eECise OF the power OF rendition, because
II can hardly be supposed that govern
ment, which was under no treaty obliga.
Lion, nor any absolute obligation Of public
duty, to seiz9 person who had found an
asylum within its bosom and turn him
over to another country for trial, would be
willing TO do this, unless a case was made
Of some specific oienBO Of o character
which justified the government In depriv-
ing the party Of his asylum.
UNREASONABLE sUPPosITIoS.
It is unreasonable that the country Of
the asylum should be expected to deliver
up such psrsou to be dealt with by the
demanding government without any
Limitation, implied or otheryise, upon Its
prosecution OF Ike party. In exercising
lie discretion, it might be very willing to
deliver up offenders against GuCh laws as
weIO essential to the protection OF life,
liberty and peTeoD, while 1t would not be
willing TO do this on account ot minor
m:sdemeanoIs or OF certain CLASS OF po-
litical offences IN which the government
OF tho ssylum would have no in.
terest or sympathy, Accordingly 1t
nas been the policy OF all
governments 10 grant an aSyluA to per-
jons who have fed from their homes ON
account ot political disturbalCeP, and who
might be there Smehabla to laws framed
with regard 10 such subjects aHl tc the
personal allegieuCe Of the party. In many
otthe treaties OF eXtradltion between the
civilized nations Of the world thera Is an
express exclusion Of the right 10 demand
the ex'rSdtion Of offenders against such
avs, and IN none Of them In this class Of
offences mentionad as being the founda-
tior of extradition proceedings,
"Indeed, the enumeration OF otieneee IN
most OF these trsgties and especially in
the treaty now under consideration, is so
specific and marked by such clear Hue
IN regard tothe magnitude and import'
ance Of those ohenCer, that 1t Is impoSsi.
BILE to give any atbsr Interpretation to II
than that Of the exelaElaa ef the right oi
extradition for all others. It's, therefore,
very clear that this treaty did not intend
to depart IN this reepeCt from the recog.
niSsd public law which bad prevailed In
| tbs absence OF treaties, and II Rfo pot In.
tended that this treaty should be used for
any other purpose than to secure the
trial Of the person extradlted for one Of
the offences enumerated In tho treaty.
This q not only apparent from tho gener-
al principle that the specific enumeration
Of certain matters and things implies the
exclusion al all others, but the entire face
Of the treaty, including the processes by
which 1t Ia 10 be carried into effect, con-
firms this view oi tue subject"
THE SPECIFIC oFFRNSE.
The learned Justic, then points out the
fact that ft'ths person extradited could be
properly tried for any other oleuse than
that Tor which he was demsudod, aud that
which was described in the treaty, there
would be no need OF describing spy sps.
cj6c ofIense in making the demand. And
yst ,JG 4 Il unreasonable, he says, TO suppose
that mere demand without specifications
would receive any serious attention.
It cannot be held, Justice Miller says,
that the provisions of spph Q treaty as this
are obligatory alone on. the State that
makes the surrender OF the fugitive, AND
thst that fugitive patseS into the hands
Of the country which charges him
with this ofTense, FREQ from al
tho positive requirements and lust
implications OF the treaty under which
tbis transfer Of his person takes place. A
moment before he Ia under the prote ction
Of government which bps afforded him
an asylum from which be eau only be ia.
ken under limited form Of procedure,
ana q moment after he is found In thepo
session ol another sovereignty BY virtue
Of ali the rights which ho had the mo.
ment before, and OF all the rights which
the law governing that proceeding vss in.
tended to secure. t
GIt upon the face Of this treaty II could
be seen that It's sole object was to secure
the transfer oi An individual from the
Jurisdiction OF one sovereignty to that ot
another. the argument might be sound;
but as this right 70 transfer, the right 70
demand It, the obligation. To grant, the
proceedings under which y taxes place,
all chow that II is for Q limited and DE.
Aned purpose that the transfer Is made, II
| Ia Impossible 10 conceive ot the
exercise OF iurtSdiCtlon iu such q case
for any other purpose than that mem
toned in that treaty and atcertinsd by
the proceedings under which the party is
extradiled, without m Implication oil fraud
upon the rights ot the party exltadited
AID OF bad laith 10 tho county which per.
miIied ma eEtrsdition. No luCh yieE 9t
solennn public treaties between tho great
nations Of the earth ran be 0psteiped by
a tsibunal called upon toRive judicial con.
stIuetion 10 them" II, however, Justice
Miller continues, thereBhould remain any
doubt 40 TO the construction oi the treaty
Il mript bo Get at Teet BY tho language 'ol
lhe a0ts Of Congress embodied ia BenHonB
SgSS and b276 oi the RsyiGed etatntes. ;,
"Tho obvious meaning" he says, "ol
these two statutes, which have reference
Ia ali treaties Of extIAditlon made by thIa
Government, 10 that the party shall not pe
delivered up BY Ibis Government 70 be
tried ior any olhcE ogonDo than that
charged In the eytradlgon proceedings,
and when brought Into this country upon
Gimilaf proceedings hO ehAll mot be ar
FeSled OF tried LOT any other offence
t6Nn that with WHICH he was charged
| IN thpSe proceedings, until hp shall have
Ind 4 reasonable time 10 return tinni0lett'
ed 10 ihe country from which he was
btoSphi. This u lindoBbtelly Con.
vissSional construction oi the phtp0ae sud
meaning Of eXIadluon treaties such ae
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