Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-11-05

Law says. i mere are CERTAIN rules GENERALLY
observed in the negotiation of Extradition
Treaties, especially by constitutional govern
ments. The principal of these rules is that
no State should authorize the extradition Of
its own citizens or subjects
In accordance with this rule, the Extradi-
ton Treaties negotiated by President Grant,
Hayes and Arthur, with Germany, Spain,
Belgium, Holland, Mexico, Peru, Turkey
following provi,o;
Neither of the contracting parties shall
be bound 10 deliver up its own citizens or
subjects"
A SUSPICIOUS OMISSION
The British Extraiition Treaty negotiated
BY Secretary Bayard, Lord Sackville, and
Minister Phelps, and urged upon the Senate
by President Cleveland does not contain this
essential rroyiso.
Now as the United States Supreme Court
has decided wheaton State Trials, 1922 that
unless otherwise provided for by treaty"
United States citizens must be surrendered
to any foreign power demanding their extra
dition. this suspicious and alarming omission
in the British Treaty should be given the
widest publicity.
The criminal negligence of the administra-
ton in agreeing TO place such a poserfal
weapon in the hands of England cannot be
too severely condemned. No wonder that
Democrat Senators are opposed to the public
discussion Of British Treaties. Well might
the London Times exclaim as it did on July
20, 1886, when President Cleveland sent a
special message to the Senate urging the
immediate ratification of the Treaty.
Great credit is due to President Cleve-
lsnd's government and especially to Mr..
Bayard. Mr.. Bayard has been loudly de-
nounced by the Amercan-lrish press but he
has not allowed their numerous attacks 10
deter him from giving effect TO his conyic-
tons"
There are other grave defects in the Treaty
which can only be fully appreciated by COM
pairing it section by section with the carefully
prepared Treaties negotiated by Caleb Cush-
ing or Senator Evarts. The more noticeable
of these defects are
AMERICAN CITIZENS IN DANGER
lst. 1t permits England to demand the sur
render of American citizens for alleged po-
litical offences. The Treaty applies to two
classes of persons those who being charged
or convicted of crime "shall seek asylum
here, i. e. "fugitives," and those who being
charged with crime .'shall be found" here,
i. e. non fugitlves, residents.
Article ~ SAYS fugitive criminals shall
not be surrendered fer crimes of political
character, but as it does not exempt the other
class of persons referred to by the Treaty,
non fugitives, they must be surrendered on
demand, although the crimes with which they
are charged are purely political in character.
The London Times boosted on July goth
that the Treaty was great step in advance
and rej0ced that practical necessities lad
ed both Governments to agree in pulling
down the more fragrant forms of separatist
agitation"
End. Article " is delusive in the extreme
1t says no fugitive shall be surrendered if he
prove to the competent authority that the
requisition for his surrender has been made
with the view to punish him for political
offence.
There in no competent authority, but the
commissioner of judge before whom the
prisoner is brought. He can act only as a
Committing Magistrate to remand the pris-
oner for trial in England; prima facie evil
dence only is necessary, and no State Court,
no United States Court, no State officer, no
United States official can reverse or modify
the decision of the Commissioner. and that
Commissioner according to our present law
is paid by England or The country demanding
ihe extradltion.
3rd Unlike other treaties, the British
Treaty does not require that the person de-
manded must have been within British juris-
diction at Abe time when the crime for which
their surrender is demanded was committed
4th. This omission would enable England to
reassert her claim to furnish American Cit i.
zens for acts done, and words done in the
United States. President Grant compelled
her to abandon that claim in the case of
stephen !. Meany. The Republican plat
form of 1868 emphatically declared that
mo citizen of the United States native or
naturaize1 must be liable to arrest and i'm
prisonment by any foreign power for acts
done or words spoken in this country. and if
so arrested and imprisoned it is the duty of
the Government to interfere in his behalf -
No wonder Lord Sackville danced fandango
in 1884 when he he ard that Cleveland was
elected, or that he advised his California
friends to vote for Clevel lands reelection.
9Th. The Treaty does not provide for the
extradtion of counterfeters who are only
engaged in a laudable effort to reduce the
enormous surplus, or does the Administra-
ton fear to recall to British official memory
the Wholesale counterfeiting of our currency
during the revolution, by order of British
officials
9th. The Treaty does not provide for the
extradition of persons guilty of rape and
other Infamous crimes against women. What
is the reason for this omission?
I'll. The Treaty does not provide for the
extradition of persons guilty of breaking
and entering the offices of the Government,
of classifying the official acts of the Govern
ment, and of embezzling public funds Eng
land regards the offences with complacency
when committed against her rivals, but Mr..
Bayard shonld not have SO readily accepted
Lord Sackville's view.
Sth. The Treaty doe. not provide for the
extradltion of persons guilty of brbing pub
lie officials to violate their oaths of office, or
of the officials accepting such brides This
omission would enable commissioner who
had surrendered political prisoner to Eng
lands vengeance to live in safety and leis-
ure in England, if our bribery laws threat
eued his comfort or liberty.
9th. The failure of the treaty to provide
for the extradition of the basest class of
criminals who prey on women and children
is in marked contrast to the care and inge-
nuity displayed in constructing the clauses to
harass and punish public offenders.
M toEtS VI ithlN All lne lerTOrs
of international law are invoked to arrest
and imprison the poor Irish tenant who bar
ricades road or burns bridge to delay the
march of the crow-bar brigade or who burn.
his cabin rather than give it up to the robber
landlord, all the terrors of British jury and
British prison are held out as threat to
deter American citizens from sending prac-
teal assistance to the struggling Irish people,
while malefactors of the lowest type are left
unpunishable.
Is not this departure from the principle
of all previous Extradition Treaties, and an
alliance with the worst form of political
espotism--English Rule in Ireland? One
of the principal grievances for which our an
cestors revolted against King George was
that "He has transported our citizens across
the seas to be tried there for pretended of
fences"
Under the British Extradition Treaty me-
sotiated by King Grover and Thomas F.
Baysrd, the thirty-five American citizens
accused by the London Times could be
transported across the seas to be tried for
pretended offences" before the Salisbury
Commission now sitting in London. Liberty
loving citizens everywhere should put forth
all their energies to secure the rejection of
this infamous treaty, when it comes before
the Senate on December Sd. The most eff.
&c ah+ IL.