The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-11-14
THE ExrKAD1rIoN OF BUCKLEY.

District Attorney Barnes, in his letter to
Governor Markham requesting the Gov
ernor to demand the surrender of Buckley
and Runey from the authorities Of Canada,
is careful to state that the application is
based rather on International comfy than
Oh the eXtradition treaties between this
country and Great Britain. OF these
treaties there are two: one concluded in
1882; the other, extending the provisions Of
the mrs., signed only last year. 1t appears
40 be a question whether under the pro-
visions of either fugitive can be extradited
for Tie particular felony with which Buck
ley is charged.
But the duty Of a State to surrender a
fugitive criminal to his own Government
for purposes OF trial does not rest Oh treaty
OF statute. 1t grows out of the general
principles Of international comfy which
every civilized nation should observe. No
nation should allow its territory 10 be con-
verified into 4 refuge for criminals flying
from Justice in their own country. Long
before the first eXtradition treaty was con-
Cludei, nearly half a century ago. criminals
were surrendered by the authorities of
countries 10 which they had fed, on broad
principles Of neghbOrly fIiendliness. AS
tie privilege Of hunting criminals in foreign
countries was often abused, the Christian
powers generally defined the right of extra
dillon by specific treaties; but the rule of
comfy remained the same as it had ever
been. Thus, Spain surrendered Tweed
without waiting for extraditlOn papers, and
the Government of Japan, with which the
United States had then no extradition
treaty cheerfully arrested and delivered to
an American police officer bank deiaulter
from San Francisco.
It will rest with the Canadian courts to
decide whether they are willing to place a
liberal construction on the treaty Of 1890 in
the case of Buckley. For some years past
they have been inclined to construe their
extraGiuon treaty with this country in favor
Of the fugitive. The consequence has been
that Quebec and Montreal have become
rather incOnveniently crowded with bank
defaulters and municipal boodlers from the
United States. The first corners were hos
pitably received. But latterly it appears to
have dawned on the Canadian mind that an
Influx Of fugitive criminals from this
country was not likely to raise the tone of
society in their chief cities; and a DISPOSE
ton has manifested itself TO check this
branch of immigration. 1t appears that
the latest refugees have encountered very
cold shoulder, indeed.
Nothing could be fairer than the law of
extraditlon as at present construed by the
courts. An alleged criminal brought home
from foreign parts cannot be tried for any
offense except the one for which he was
extradited. If he cannot be convicted
under the Indictment on which the extra
ditiOn papers were issued, he mnst 90 scot
free. Thus, if Buckley is now brought
back. he can only lie tried for the crime of
bribing the Supervisors IN the Mayne Elec-
trio Railroad case. He cannot be put in
jeopardy for any other offense. Again, a
criminal whose surrender is demanded from
tie officials Of her Britannia Majesty has a
right to a trial, on which it must be shown
1rst, that his offense was not political, and
second, that he has either been convicted in
the country which demands his surrender.
or that prima face case has been made
against him which would justify his arrest
and trial had the offense been committed in
the dOminionS Of the Queen. If the trial
ends in an order for his surrender, he enjoys
the privilege of applying to the proper
court for writ Of habess corpus; in which
preceding the whole case may be reopened
and reviewed by court Of competent juris-
diction. II that court discharges the writ,
the country applying for the surrender
must take the prisoner into its custody
within sixty days from his arrest: failing
this, the accused is set free and the pro-
ceedings are quashed.
II is thus apparent that no injustice ca n
be suffered by fugitive criminal whose
extraditiOn is demanded. He has all the
privileges which the most liberal criminal
code grants. He cannot complain of any
undue hardship. The effect of the extra
ditiOn is to afford him an opportunity of
proving his innocence if he be Innocent al
though, If he be guilty, 1t defeats his at
tempt to defraud justice by changing his
70 domicile. II Buckley believes in the state
ments he made to reporter on Wednesday,
he should offer no resistance to a requisitop