New-York tribune., 1886-07-21
OPINIONS ON THE TREATY.
WHAT wELL-KNowN LAWYERS SAY OF IT.
GENERAL APPROVAL or THE CLAUSE COVERING
DYNAMITE OUTRAGEs

The chief subject of conversation among
lawyers In exchanges and tho hotel obbiss yes.
terday the Extradition Treaty with England.
On all aides It nced admirable document.
and safe and from obscurtes such convens
tion be- Several lawyers inclined to believe
that 1t vould bear heavily upon O'Donovan Rosa ana
men Of his kind and would hang few Of them II life
shond be lost through their Vaccinations Recorder
smyth said:
a lawyer cannot In an hour clearly master all the
points IN treaty which has taken years to formulate
But from . cursory examination may say that the
convention appears to DO an admirable document
There need be fear that It be successfully eou-
strued to be retroactive No law OF criminal nature
can be retroactive. In civil law can conceive OF
retroactive measure. Let US suppose that connie
sioner OF deeds appointed and after serving year
1t appeared that all his acts were invalid because
his appointment faulty illegal Tho Leeisiature
might pass law legazng all his official acts during
the past year. That would be er post fdeto Law.
But criminal law-and extraditlou law IL criminal Law
cannot he retroactive. Again. a purely political
crime cannot be reached by eItradition."
"Suppose that aud plot send to burn De
house In London. Are not all three OF the plotters
liable for arsonr
Certainly"
"suppose they send over into NewJersey
to burn Els house. Are A and not st principals and
they be surrendered tho New-Jersey author
ities although they foot In New Jersey but
only urgei C to do tho deed r.
Undoubtedly"
"Then suppose and plot to send to Lontsn to
kill F. and suppose goes with money furnished by A
and and blows up with powder furnished BY his
hackers. eau c be held for murder II the Ensllsb
authorities catch himr'
"Of course"
"And have the British officials right to hold thss
A and also committed the crime OF murder British
soil and fugitives although they did away
THAT is 8 very nice question and don't want 70
answeri IL My official position 10 such that may bs
called upon to try case where In some manner the
question would como up. Ii is deep question and
must be thoroughly studied"
Another prominent lawyer, man who has appeared
| in Of the most celebrated cases during
| tho last quarter of century but who
| fused to have his name mentioned said: "Thes
Is doubt that Great Britain Will try to extrade the
dynamite potters who succeed in destroying lifs
1t will ssk for the poters 10 NewYork the charge
Of conspiracy but for murder The requsL
tons from ono Governor OF State to another very
similar and almost Identical with those governing extra
ditou between foreign Governments. Now, our Penal
Code. under Section 10 OF Title 10 defending persons
liable for punishment within State defines him as:
person being out Of the State. procur-
aids or abets another TO commit crime within the
State and again as person who being out or the
State with to within IL result contrary
TO the laws OF this state does which In
raj and usual course results In effect contrary
to its Iaws' Again. under Title H. Section 30 person
directly commits the act constituting the offence
or aids and abets in its commission. and whether
present absent, and a person who directly
or indirectly cOuuseIs. commands. induces
| or procures another TO commit crime.
Now between States any felony gives grounds for r-qd
sition. aud the who plots to do murder may be OBJ
by requstOn. tried and hanged The same ruls
may heli apply to this treaty between Great Brit
ain and the United states and sec no objection to sur
rendering murderers. whether they cross over then-
| sel lyeStO %
Eugene Kelly was nnprepared to give thoughtful
Upt not had me. ne ssid, ITO examine thoroughly and
even II mad =, not my place to express an op,Sios
am sure 10 prerve all the rights 4 Amerleaa-
mon aud international law tnat they cannot
p"tsa c1@s. n8 siauso wo may ''sf.,' also trust our %
government. for we have always Jeaoasly resisted
So,t,en crime is dynamite thro wing may or may aos
be neld bs political crime. but prooably not Per-
sonally have use or dynamic IN any Of It's forml
don't believe IN employing 1t to ran political ends.
the treaty cant he held to apply to crimes peepetrard
Algrrnon = sullivan hal read the full text Of the
treaty. but paused TO carefully real the convention
vrntiom should bs ratified. II there was good
reasons for Introducing the principle Of '1rrendenas
iy rs.5s,,a , lis: Si Ss":. %.%:s., i.r,.s !. "a:
was only too narrow for times. atercoar
countre. is so Easy aud hith mean, gnct e.
t6is matter aud after lapse OF forty-rour years
orEna treaty 1s v,nsaea IT, m. ",,n as.
40 that We could realize To what extent goot resgts
wouII follow II criminals OF grade analogous TO those
nrst mentioned. could Also be eXtraiited'
" Then you approve the additions 10 the treaty
think that the four crime, sun%,rs,ed IA
ssnse snrsemen,. The terms Of the sgrremsas
are very cautious and prudent, TO guard against use
Above ALL there 10 ono provision IN harmony with the
common Judgment aud coumo brothrrnood OF nstioaa
danger OF one country making peculiar set OF stata-
tory crimes so"is ,u 70 s.usas as s9Hus sss rs.r
always have beeu opposed TO eruS
aiton Of that .or Mr. rSsP' cr 90. sssrs as.s
jeciins accused person to ertrAdit,Dn. naney NS
son shall be endangered. II such injuries constitute
according to the lava OF both tse hgh contracting
parucs' Ihsre safe rule. II law and order 10
both counrie. are interpreted TO he inconsistent vita
certain acts there is room for doubt A0ou, the aw
:. DO you think crimes like tho dynamite erimesia
Lnn"" -.r. .rry po1r1 rS.y rss. offence, .,u
to ordinary mInal law Killing BY that means vn
s,nator Morrill, vas seen At the Fifth Avenue Hotel
He slowly but apparently surely recovering ron hi:
say anything OF tho new treaty beyond the
fact tina. to ais mind Il vas "a, I.r ,,,. one
ton OF eubszx~rs WAS All excellent one ANA tnat vas
in - mat ns return OF INA. M s"a shs OF
Anarchists and dyusmiters ne Was in Aduoioas
EI-secrrtary Boutwell, spoke of the treaty as very
good one There should be an eI'r.i't,on treaty -
force said which wonid put eni 10 ia" pefpetuo
way of rmbe ths country TO Canada
ENGLISH OPINION OF THE TREATY.
LONDON. July 21.-The Standard says Tho
now ext Tradition invention hardly jusncs the intercss
with which its appearance awaited IL ails to pro-
vide for the suppression OF American societies in which
horrible projects are hatched. and by whose support
alone outrsxes In England possible Public opios
IN Great Britain Will certainly LOOK 10 tue Amcrc.n
tot Of 80 gross anu pslpsbls
a conspiracy against the peace aud prosperity Of
friendly Nation.
THE FIRE RECORD
LOSSES IN VARIOUS PLACES
CLEVELAND, OHIO. July 20. "A destructive nro visited
~. An hlnck a brick buLlrg i've atnraa