New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-30
VIEWS ON THE NEW TREATY
rr MEETS WITH GENERAL CONTEMPLATION
LEADING IRISH CITIZENS GREATLY fAA"'''
WITH THE CLAUSE RELATING TO PoIdTi'
oAL oFFENcEis OPINIONS OF
PROMINENT LAWYERS.

WITH THE CLAUSE RELATING TO PoLITl'
cAL oFFENCEiS - OPINIONS on
PROMINENT LAWYERS.
The new extradition treaty with England, the teA'
of which was published in The Tribune on Sunuss' N"
been the subject of much talk in this city and the com
ment on IT was in the main highly favorable. "n.n
II is ratified by both countries, which VIII proosoy ~
before long, Canada will to be haven OF saiev
for aefauItine cashiers "boodle, Aldermen and other
criminals, who at present have merely TO beat Inc
officers OF the law in race to the border and they are
safe.
The fact that the treaty contains provision that
political offences shall not be extrsdltabe was nailed
with delight by the Irishmen Of this city. In this
respect, the treaty differs from that negotiated py
Secretary Bayard. Among those who were seen by
ronorters Of The Tribune and asked for their views
an the treaty. was Judge Richard O'Gorman. who is
one ~ the most prominent and patriotic Irfshmen in
| this city, He said:
The question OF the proprety Of this proposed ex-
tradition treaty which, OF course must be looked
to by every American as something more than party
question: as a question, let me add, involving the
honor Of this country and It's traditional policy OF well
coming under its flag all persons who are not stained
nv having committed any henous offences, such as
would make them unfit citizens Of this country"
allow do you view that portion Of the treaty which
! refers to political offences !"
and not open to objection. II the offence were one
against a Government, and were entirely political In
its nature and could not be classified In the category
OF ordinary crime then it would be beneath tine dignity
of this Nation TO make surrender"
Would the blowing up Of public building In Eng
land which was attended by loss of life. accidentally
perhaps, be murder, and would the person suAly Vi
such crime be eXtraditableP
aNow.S said the Judge thoughtfuIy, "that ques-
ton could scarcely be answered on-nand Ihere arc
cases in later history Of European diplomacy III WHICH
Great Britain has acted curousy IN some SUCH siia
! contingency Orsini attempted to blow up Louis
Napoleon with bomb. That was plainly an attemp'
AT deliberate murder. He fed to England, and Eng
! land would not give him up. II she was right IN
making a refusal in the one case-and on that oner
no opinion-wouId she be right in making demand on
the other and, by this treaty, would we be bouno 10
| accede to itl 1t Is grave question: winch All HUI
at this moment prepared TO answer"
GAS the treaty bears on the escape Of American
| criminals to Canada, how do you regard ltF
"The article referring to that" said he, decisively,
ais good do not think that 1t Is conducive 10 inc
honor or to the dignity Of either country that CANADA
should be forever regarded as an asylum Ior thoso
p1ity of the offences enumerated. The difficulty IN
the case of these treaties particularly as they relate
10 no,itical offences is to discover how far we may
safely 90 in interfering with or obsuctng the enorS
of oppressed peoples in Europe to Obtain the ieeuo
by such honorable means as we obtained ours Ill 'e
|
BIO welcome close to a long standing dispute 1t IS
not and ought not and 1 hope will not be, regarded
from party point Of view
VIEWS OF ANOTHER FRESHMAN.
James r. Cunning, the noted lawyer, VINO was LOT
two years president of the Friendly sons OF 3D. ta
rick said have only read the treaty hurriedy ou'
I am able to say that it presents many excellent
features and covers may crimes that ought TO nave
been covered long ago by some such arrangement
amh
kindred offences which are mentioned in Article VII
prevent am sure many American citizens enjoying II
future the hospitality provided by Her Majesty
colonial subjects at the other side OF our northern
border"
land accompanied by incidental loss of life, constitute
murder within the terms of the treaty, II 1t was showi
that this was part of the policy OF warfare aoopte'
by the extreme Irish revolutonistsf"
1I really do not think it would" said Mr.. Cunning
, after a pause 81 think England would ind IL marc
70 carry her point in such But do not quote
me as saying so emphatically. Anything, inside o
murder involving an effort for National freedom, Il
rarely IL ever frowned upon by the United states
: America"
"Will the treaty be ratifed1"
~U not it, said Mr.. Cunning, something very muci
like 1t will be. The Senate is composed OF the aoies
men in the country and may be depended upon III al
such matters"
MORE WORDS OF AffhONhh
Regarding the new treaty, e1Attorhey "enora
Leslie W. Russell, said
at has always been great anomaly TO me Una
3 men should be allowed to go unpublished simp!
because they fee to another country, equal 10 our
in civilization cultivation and education refer .
bankers heads of institutions, DOODLE Aldermen
and bribers who happened to be outside OF the eS
! tradition treaty of 1912. l THINK thao any orih
t which is punishable in the country where the Grim
CnfQ
extradton Of the criminal. More SPECIFIC languag
might he used in those countries which are governe
nv codes patterned after civil law; by which term
mean the criminal law, which is distinguished froi
u the common law of England ana rom unaC WIN
) is obtained from laws as contained IN the code
q penants and in the Institutes Of JustlDah' as IN
foundation for the classification OF crimes There
inch deeronce between the civil law and that OF tn
common. or our statutory law, founded upon tn
principles OF common law. In other words the nor
simple an extraditOn treaty the better can col
ceiye of nothing better than division bet"ee
feonies and misdemeanors. SO far as any treat
enlarges the number OF cases upon winch extradto
y | may be based, to cases OF an importance suhclel
u 70 warrant the going abroad for III
y rorson Of the criminal, am heartily in favor Of
and believe it to be founded upon right principles
Tho other cases may be left to the application OF tn
=, welknown lines
:, pure patriots all well be it understood
VI We left country for our couhtrys sooa''
=" WHAT GENERAL PRYOR THINKS.
y General Roger A. Pryor, the noted lawyer, spos
briefly but enthusiastically about the proposed treaty
have studied it most carefully and very critically
@ he said and l cannot see the slightest thing In
{ that Is open to objection. lay particular stre'
upon the point that political offences arc rgorous
4 excluded from the operations of the treaty. and We
s both surprised and pleased that this was so plain
: | and uneauvocally insisted upon by the trainers
the convention. This feature consider OF great II
portance but regard the whole document as high
, creditable one in all particulars. The treaty Is
!, very great improvement upon that negotiated by
Webster in 1912. II is something that mas long oe'
e needed between the United states and Great Britain
m more with Great Britain, should say, than with al
other nation OF course ! have not read all u
u IN, nm OF