New-York tribune., 1886-07-18
THE FXTRADITION TREATY.

An abstract of the Extradition Treaty was
published exclusively in yesterdays TRIBUNE
with the important announcement that the coll
vention had been signed in London and had
been laid before the Senate ten days ago. 1t
will tend to reassure the American public to be
authoritatively informed that the treaty spe-
ciically exempts from extradition those
charged with political offences. Upon this
point the treaty cannot be too explicit; and we
are glad to find our Washington correspondent
declaring that its provisions are clear IN these
respects and incapable of msinterpretatiOn.
The list of additional crimes made extraditable
is less complete than we had hoped it would be.
1t is however, a great gain TO have man.
slaughter, burglary, larceny and embezzlement
included in the schedule.
No objection can be raised to the dynamite
provision if it be correctly and adequately out
lined in our Washington dispatches. Mall
cious destruction of property whereby LIE Is en-
daugered is a crime under the common law OF
every civilized country. 1t should be an ex-
traditable offence If the treaty provides for
the surrender of criminals who have escaped
across the ocean after committing or attempt
ing to commit dynamite Outrages, 1t Will De
sanctioned by public opinion in both countries
The nefarious deeds of Anarchists III Chicago
have disclosed the necessity of dealing stcrnly
with this class of crimes, and the facility with
which retreat can be effected across the Cana
dian border indicates that extradlti0n must be
directed against dynamite Outrages. SO tar as
the Irish cause is concerned, the Natonalists
will have no reason TO complain OF lhterha-
tional action imposing additional penalties
upon dynamite crime, provided political offences
are sharply Disseminated from it and exempted
from extradtiOn. As Justin VI ,Carthy remarked
sententiously in one Of The TRIBUNE's
cable letters yesterday, "Dynamitards are not
popular among Irishmen. They have done the
Home Rulers more harm than any other factor
has. and we should be glad to sec them sup
pressed"
If the proposed treaty merely contemplates
the surrender of dynamite mlscrcants to the
Jurisdiction of the Government under which
their crimes have been committed, no fault can
be found with the provision. But if 1t makes
conspiracy to destroy property and to endanger
life an extraditable offence, and, moreover, gives
to the tribunals of either country jurisdiction
over offences committed or conspiracies entered
into beyond its confines it ought not to be ratl-
lied by the Senate. 1t is one thing to surrender
a dynamite fend who has taken refuge in
America after doing his execrable work in Eng
land. 1t is another and very different thing
to surrender to British tribunals those who are
accused of conspring here or of raising money
for the wanton destruction of property III Eng
land. Their offence lies against American law
and they should be prosecuted before American
tribunals, and not surrendered to English
courts.
This distinction is an important one, because
influential English journals have repeatedly
advocated the negotiation of a treaty whereby
conspiracy to murder or to destroy property
bey yond the jurisdiction of either Government
should be punishable in the country where life
and property are mperiled. Whenever
dynamite explosion occurs in London, the ori-
gin of it, even in the absence of evidence, is
invariably attributed to NcwYork and the
English press frantically demands extrao dinary
measures of protection against cOnspiracles
from foreign base. More than one London
journal has proposed that the British courts
should be empowered by special treaty to pros
ecute and punish those cOnsDiring i'll America
against life and property in England. Curously
enough, The Ner- York 1im1s one of the Pres-
dents organs during the last two DAYS has
been assuming in like manner that the new con-
vention must deal with a class of offences
against the British Government and British
subjects which have hitherto been committed
on our soil" We trust that The Times is not
speaking in this matter as an organ, but merely
from its own dense ignorance of international
law. Offences committed on American soil are
punishable here Extiadition law oifels no
precedent for the surrender of such criminals
to foreign court. If the Treaty contains any
provisions of this kind it should be promptly
rejected.