New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-29
THE NEW FxTRADI7ION TREATY.

The NEW E4TRADIIION 1RFA1f.
There has been but one comment upon the
British EXtradition Treaty, the text of which
was first given to the public by THE TRIBUNE
last Sunday. From one end of the United
States to the other and in the organs OF every
party it has been greeted with warm praise.
Certainly it deserves nothing else, for from
every point of view it is a model treaty.
1t is passing strange that for nearly half
century there should have existed between
two such countries as the United States and
Great Britain, with their continental frontier
and their daily steamship communication, and
in view of their eXasperating experiences, so
Inadequate an arrang cement for the eXtradItlon
of fugitive criminals. 1t seems as If the sub
iect of extraditiOn ought to be one OF those
most easily negotiable And yet it has proved
10 be in almost all cases, and at every stage OF
its consideration, curiousy productive OF con-
troversy. In present force we have twenty six
treaties of this nature, but not more than four
of them can be called sufficient, and they are
especially weak, if indeed they exist at all,
with lust those countries where American GRIM
inals would naturally prefer to seek an asylum.
Up to this time the least sufficient of all has
been with Great Britain, the one country with
which we need to have the amplest understand
ing.
An effort. it will readily be remembered, was
made by Mr. Cleveland and Mr.. Bayard to
remedy this situation. 1t failed for the want
of everything but zeal. Shortly before it was
entered upon, England had had disquieting
experience with dynamiteurs, and Immediately
she was seized with frantic desire to lay vlo-
lent hands upon all the lrishmen beyond her
borders whom she could conveniently suspect
of hostile feelings. She was willing to trade
embezers for Irshmen, and treaty was
drawn up on that basis. 1t added 10 the list
of crimes made eytraditable by the Treaty OF
1S42-murder, murderous assault, piracy, ar
son, robbery, forgery and the utterance OF
forged paper the shortest list in any OF our
treatieS-Only four more. These were man
slaughter, burglary, embezzlement or larceny
TO the value of $50 and upward, and ina
licious injuries to property whereby the life OF
any person shall be endangered"
Aside from the general objection that no
sufficient list of ordinary crimes was included
in this convention, the chief protest in America
arose against the last clause. There were
precedents for it, and doubtless Mr.. Bayard
relied upon them. 1t formed part of our
Peruvian Treaty as long ago as 1870. 1t was
in the Belgian Treaty of 1882 and in that with
Luxembourg, formed a year later, and 1t was
admitted into the convention with Japan which
the Senate had ratified at about the time when
the Phelps Rosebery Treaty was submitted.
In each of those cases, however, there were pro-
visions carefully guarding it from abuse which
had been omitted from the British Treaty, and
the lust contention was made by Senators that
its terms here invited Great Britain, consider
ing her excited state of mind, to set up alto
/ gether too many pleas for the extradition OF
Irishmen living peaceably in this country.
Mr. Blaine and Sir Julian Pauncefote adj
dressed themselves to the serious business OF
drawing up a suitable agreement with other
ends in view than the satisfaction OF political
vengeance or the building up of partisan cap
ital Nor did they intend that it should be
their fault if any such considerations as these
should operate to keep the two great English
speaking communities asylumS for each others
criminals. They confined their attention to
the preparation of list of crimes esteemed be-
yond controversy in both countries to be in
famous feones, and in that list they included
almost every such offence. Not four, but TWEEN
ty-two, mmistakable felonies are set forth in
the present convention to be added to the
seven already cited in the Observation-Disclosures
Treaty of 1912. The list, as it now stands, is
the most complete of all contained in our ex-
tradition agreements. 1t includes every crime
mentioned in any of them except the malicious
destruction of property, fraudulent barratry,
fraudulent bankruptcy, bigamy, abortion and
mutilation, and it includes two not elsewhere
mentioned at all These are manslaughter
and frauds by bailee, banker agent, factor,
| trustee, director or member or officer of any
company made criminal by the laws of both
countries" The significance of this addition
will appear to everybody. 1t covers ground
that, left open, has enabled an army of rogues
to escape punishment. We should think it
might be taken for granted that tho treaty
would be confirmed. When confirmed it ought
to be made the model for many other similar
negotiations