New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-11-03
THAT BRITISH TREATY.
John BOYLE o,REILIY'S CHANGE OF HEART.
WHAT HE SAYS NOW ABOUT BAYARDs WORK
AND WHAT HE SAID IN 1886
fsY TELEGRAPH THE TRIBUSEI

fBY TELEGRAPH TO Tx TRibUSEI
washington Nov c-The disingenuous attempts
OF the Democrats to show how entirely unobicction
able the British ExradItion Treaty when sent
70 the Senate and how its whole character
changed by the adoption In the Senate Committee on
Foreign Relations of the dynamite clause, socaled,
would be amusing II they were not so dishonest
Among those who have been foremost in decrying
the action Of the Senate Committee are :" Pat Col
Inns and John Boyle o'Reilly. In recent interview
with the latter he is represented saying that the
treaty proposed to be amended, If adopted, would
prove the most shameful compact the United states
ever entered into with any foreign Governments
Indirectly he held the Republican majority In the
Senate responsible for the amendment and sought 10
convey the impression that 1t was opposed by all
Democratic Senators. He even went further than
this and asserted that the amendment as finally
adopted by the Senate Committee on Foreign ke
lstons had been originally drafted by Lord sackvlle
that IL had been by the latter submitted 10 oecre
tary Bayard and that Secretary Bayard Indignantly
refused TO accept 1t. Mr.. OReilly further stated
that 1t remained for the Republican Senate to adopt
this amendment detrimental to the dignity OF the
United States and injurious the safety Of the Irish
born citizen
Mr. OReilly must have been aware of the fact
that he putting forth deliberate faisehood
whom he made that statement The merest iyro
Knows and certainly Mr.. O'Relly will not plead ig
norance in such a matter, that the only persons
the original negoators thereof, and that af'er
the signatures had been appended to the document 1t
did not lie In the power either of the British Minister
IN Washington the Secretary Of state 10 change
its terms or even its verbiage. Any amendments
made to the treaty could only have been by the
Senate or the Secretary Of State, acting In oehai
of the President with the of the British
Government and there is no evidence on record that
tie latter ever expressed wish or In any way
minated that the adoption of such an amendment
would DO agreeable to it,
1t IS astonishing to note what change Of heart
Mr. OReiIiy has undergone within the last two years
in regard TO this treaty. To-day he wishes US 10
believe that in its original form 1t was almost
perfect. Unfortunately for Mr. OReily, however nc
is On record denouncing tne treaty IN the most
unmeasured terms few days after its puDlcauch 'n
The Tribune in July 1856 Boston correspondent
OF Tho NewYork Herald" writing under date OF
July o. 1856, describes Mr.. oReilly as being usually
one of the calmest of men, but that when he was
asked to express his opinion regarding the treaty
he de played signs of considerable internal passion
AMY views on the new Extradition Treaty. SAID
Mr.. O'Reilly, Il was just expressing in somewhat
emphatic language 10 myself think mat me reA'y
is uncaled for and dangerous and that Its exercise
would be disgraceful TO the country, and 10 the
Democratic party particularly. ! do not believe that
the Senate Will pass such treaty, and believe fa'
the adoption of such draft as 1t stands py MT.
I,syard units him 10 be Secretary of State lie has
almost Inundated the country by his weak pohcy
With regard TO the Fisheries, and his action VIII
pass the limits of the peoples patience IL uampeS
on every tradition Of the country and of the Denoc
,acv The political revoutonis,s and reformers do
not commit violence with criminal intention, and
when they fly 10 other countries because OF their
act in their own country all nations have heretofore
agreed that they ought not to be considered as men
guilty of criminal conduct They have been eNcIuueu
from the lists of extraditable criminals. England
hrfp marin
to prove that every political revolutonist who He'd
from her dominions was a 'dynamter miscreant
as The London Times phrases H. We should nave
under this treaty to give up every political refugee
who came TO this country. / regard the treaty.
as drafted and signed by Minister In London, as
an abomnable document, which do not DeheNe
the Senate will pass, and which trust Will relcsate
the Secretary of state the private position which
his performance OF public duty has earned for him."
This uncaed for and dan gerous and disgraceiul'
convention appears in the eyes OF MI OheinS no"
as a very creditabe performance on the part OF the
Administration. Political exigency, IL SEEMS mas
unset Mr. O'Reny's mind, If he ever had any u DC
prset While he gets indignant and wakes wroth
over the Senate amendment, which, II carefully pc
ruscd will convince every unpreludlced person Is
only the defining strictly provision Oh inc
original treaty that liable TO misinterpretaiOn,
II would be well for Mr.. O'Reily TO note the fact
that this treaty negotiated by Mr. Bayard is probably
u
asked TO enter into which does not contain an article
STIMULATING that neither Of the contracting parties
shall be bound TO deliver up its own cluZehs or SUD
tecis. In the negotiations Of treaties supulang Tor
the extradltion of persons accused or convicted OF
specified crimes, certain rules are generally iooWeo'
and especially by constitutional Governments Inc
principle OF these rules is according to Wheaton, that
a State should never authorize the extradton OF Its
own citizens or subjects, and yet Mr. Bayard seems
10 have forgotten everything about this point, nor
does he seem to have read the platforms of both the
Republican and Democratic parties on this subject
The Republican platform Of 1868 declared:
No citizen OF the United States, native or natural
any acts done words spoken in this country, ana
II so arrested and imprisoned, ii Is the duty OF inc
Government to interfere In his behalf
The Democratic platform of 1854 contained the
following language:
An American citizen is only responsible to his
or under her flag. and can only be tried, therefore,
on her own soil and according to her laws; and no
power exists in this Government TO eXpatrats an
American citizen 10 be tried in any foreign IaNu lOr
any such act
Nearly every extradition treaty ever entered into
bv the United States declared that it would not
surrender its own citizens TO foreign government.
The sentence Neither Of the contracting parties
shzl be bound to deliver up It's own citizens or
subjects forms separate article In the extradltoh
treaties with Prussia Austria, Baden, Bavaria, Han
over Hayti, Sweden and Norway, Mexico salvador
Peru, Belgium, the Netherlands, Luxembourg, turkey
and Spain. Why was this declaration not inserted
I'm the British treaty by Mr.. Bayarda Perhaps MT
O,Reiliy who now defends this treaty, can explain
Likewise no doubt, will he be able TO explain the
following sentence, not, indeed, indorse H. taken
from the columns of The London Times" OF July
90. 1886:
The Irish vote is pernicous and disturbing eiemen
In American politics. Much courage ana lh~eIly
is required enable an American secretary OF s,sle
10 set IL at Great credit due 10 Presuehs
CIeveland's Government and especially to MI Bayaru
And on the previous day the same paper eAuiungV
declared:
The nepotiations have been in progress nine
Years No satisfactory progress was maze uiitl
Mr. Bayard became Secretary OF state
These arc some Of the things upon which IL would
he interesting TO have Mr. O'Reily's opinion, To-
eether with an account Of bis sudden change OF
III Eal