National Republican. (Washington City (D.C.)) 1872-1888, 1886-07-21

The text Of the new extradtion treaty
between the United States aud Great
Britain, which Is now pending before the
Senate, has been published.
In substance It provides for the addition
10 the crimes specified in the treaty of 1912
OF four more crimes, namely;
I. Mnnslaushter.
2. Burglary.
8. Em6ezziement or larceny of the value Of
$50, or clio and upwards.
4. Malicious Injury to property whereby the
life OF any person shall be endangered, II such
injuries CONSTITUTED a, crime according to the
laws Of both the high contracting parties And
the provisions of the said article shall have the
same effect, with respect to the extralition OF
persons charged with any of the said crimes
as II the same had been originally named aud
specified In the said article.
The text of the convention is lucldly OK.
planned by Minister Phelps In a lengthy let
to Secretary Bayard, from which the follow
ing extracts are made.
Minister Phelps says:
II conforms in all substant al particulars so
nearly to the form heretofore prepared by me
and submitted 20 the Department Of State for
consideration, and of which your approval
was expressed, that have not deemed Il nee
cssary or advisable 10 incur the delay At this
late period in the session Of Congress OF send
ing II TO you for further examination before
signing. The convention Ia so short,
uous, that but little explanation seems to me
requisite. Though TO overcome the scruples of
some of the officers Of her malcsty's govern
ment, have consented to add two or three
clauses, which, though quite unobjectlonablo,
are in my Judgment unnecessary. But MS the
convention, as finally concluded, Is Ia al It's
material provisions in accordance with my own
views us approved by you. regard those con'
II will be observed that the provisions for
extTaditlon are extended to persons convicted
of the cTimcs specified In the treaty as well as
To those charged. before trial with tho commits.
sion of them. This seems to me a very deSir.
able addition. If those accused Of crimes
should be surrendered in order to be tried and
punished, much more should those actually
convicted of the same crimes, but who have
escaped punishment by flight, be sent back to
undergo the sentence of the law.
But four additional crimes are added by this
convention TO the seven specified in tho treaty
of 1872. II is not intended to be asserted that
there may not be other oiienses proper to be
included In an extradltlon treaty. These are
the principal and most llagraut ones. A large
class of crimes Justly punishable by law are, IN
my judgment, not only beneath the dignity of
treaty between nations, but having different
definitions and degrees under different stat
utes, are likely, II embraced In such treaty,
TO be fruitful Of controversy In Its practical ap'
plication.
counters such variety of conflicting claims
on the one side and the other ms to render
discussion almost endless and agreement eN-
1remely difficult, On my accession TO office |
found pending between the two governments
negotiation for a new extradllion treaty,
which had been going on for nine years with
out much approximation toward n result. The
discussion had been principally in regard to
minor oiienses and details of procedure un-
necessary, in my judgment, to be included in a
treaty and likely to embarrass Its operation.
Meanwhile the constant escape OF criminals
in fragrant cases, In respect to which there
could be no dispute, had become scandal to
both countries. l was very glad, therefore, to
obtain your approval to the suggestion tina
these cases be at once provided for by simple
extension Of the existing treaty, leaving for
after consideration the question whether Il
more elaborate one Is desirable.
The clause precluding the trial OF q surren-
dered fugitive for any onense committed priol
TO his surrender, except that established by the
facts on which his surrender was granted,
until he has had q reasonable opportunity for
return, has already received your assent. |
regard this clause as not only right In itself.
and as in conformity with the true principles
of International law on the subject, but as
spS cisiy desirable for the United States; t.
sertion of II, or statute amendment to the same
effect no extradition treaty whatever could
be made with Great Britain, because the act OF
parliament of 1870 directly prohibits the max
ing OF such treaty with any nation unless
provision is made by that nation against the
trial OF surrendered person for crime Other
than that on which his extradition was de-
manded. do not think repeal of this ac
could be obtained from the British parliament
1t certainly could not at the present time. II
therefore. we need to insist upon the unneces'
sary and. In my Judgment, untenable and un
desirable proposition that a man should be eX
tIadlted for one ollonse In order TO try him fol
another. We should be unable to establish with
Great Britain any ext tradition arrangement
at all. And / add that, in my opinion. If the
objection arising upon the act of parliament
should be seriously pressed upon the courts o.
Great Britain upon demand for extradltlon
under our existing treaty as IL stands, without
this convention, and in the absence Of any
provision such Us that contained In this clause
very serious question would arise whether
any such extradtion could be granted. =
II is expressly understood on both sides that
the adoption of this convention shall not stand
in the way of the negotiation of a more elab
crate treaty upon the subject, which shall
supersede both this convention and the tenth
article of the treaty of 1912, II such u treaty
shall, upon further consideration, be deemed
advisable. NY own judgment is decidedly
against any such attempt, for reasons heretofore
clearly presented TO you. think that thu
treaty Of. 1912, supplemented by this conven
tion and by the system of judicial construction
and procedure which has grown up under II II
an administration of forty-four years, forms nj
extradition arrangement that Is not likely Il
be improved by attempting TO recast II. Blu
should your opinion be otherwise, shall ad
dress my best efforts TO obtaining such other Of
further, treaty stipulations as you may deem
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