New-York tribune., 1886-08-27
NATIONAL CAPITAL TOPICS.
EXTRADITION WITH MEXICO.
AMENDMENTS TO A TREATY AWAITING RATIrICA'
TON BY THE MKxfCAS SENATE


WASHINGTON Aug. 26.-The present COM
plcatons with Mexico call attention to defect IN the
extradition laws which has for years been sub
iect OF nsderaton between the authorities OF Mexico
and OF this country Tue existing extraditiou treaty
contains a provision IN the following words:
Neither of the contracting parties shall be bound 10
aSasSr e1sssS UP It's o"" " '"''
Tne question has often been raised whether, in the
absence OF affirmative legislation, the Government
of the United states the right one
It's own criminals irrespective OF the provision which
rel,eyes t OF the obligation 40 The pro-
vision IL found In extradition treaties with about
dozen other Powers but In no other case II found
in the with Mexico. The majority
OF the Powers including Me xco with whom the United
States has treaties containing this provision, have
already conferred upon their executives the right to
surrender their own criminal citizens option, upon
evidence which would be sufficient to extrsd
aside from question OF citizenship but the
tive OF this country possesses such power
the extrsdition lava concerned and tho weight Of
authority precedent pTecudes the idea OF tho
render OF American citizen for crime OF any kind
committed territory OF Power with whom the
United has treaty which does not absolutely
bind It TO the surrender
In 1884 the Mexcans demanded the extradition Of
Alexander Trimble, an American citizen for alleged
crimes committed Mexico. The Secretary OF State In
reply called attention to the article quoted, stating that
Am~rcsn wns ctizen Is not subject to surrender In sec
nnd dspstch he said that his action was based
upon the belief, supported by an almost uniform
course Of decisions. that tho President hai
power IN the premises. but II evidence sufficient
10 warrant extradition aside from tho question
of citizenship found the matter would DO left
the local authorities the President requiring, however,
that before any actual surrender the accused should
have an opportunity for hearing before the Supreme
Court OF the United States. In the meantime,
however, the prisoner mad been discharged
by the Texan authorities upon the receipt OF
the rst dispatch, and the opportunity for ruling by
the supreme Court, waich the Secretary
have lost Tue Mrxican laws give 10 ths executive
OF that country the power surrender Mexican GRIM
ina or to cause mis- trial and punishment by her
tribunals but In the nature OF things surrender Is
not TO pected to country which Is unable to
oprocste.
In 1874 Francisco Penez, Mexican, murdered Joseph
Alexander, AmeTiean at Brownsville. Texas, and
capped into Mexico Arequest for eItraftion was male
by thu American authortlcs but Mr. Fish coupled with
hi. instruo admission that extrsdtOn could
be demanded ~ matter OF right. Mexico promptly
fused 20 eKtradlte the murderer.
the other hand IN 1873. Zeferino Avalos murdered
a fellow Mexican upon this side OF the border line and
escaped into his own country. where he promptly
arrested, tried by Mexican court condemned the
evidence OF witnesses brought from Texas, and
hsnged The Moxicans formally called the attention OF
United States Government to this proceeding.
evidence OF their Willingness to fulnl all the duties OF
good nelEhDorhOOd.
More han three years ago tho agents OF the Gov
ernmrnts. after due discussion, concluded supple
exiraitlOn treaty, the purpose OF which
remedy this defect anI 10 make 1t possible to mete out
justice where the gnilt notorious. The pv
oal feature OF the treaty provision cOhferring,
terms. the POI surrender criminal cit
OF 10 the authorities or the
option OF the Executive. This treaty sent to
the American Senate In 1889, but remained unscted
ratfei. II is presumed to he before the Mexican
senate for conc Irrence In the amendments.