New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-01
SELECTIONS FROM THE MAIL.
THE EXTRACTION TREATY WITH RUSSlA.

THE EXTRACTION TREATY WITH RUSSIA.
REPLY BY CHARLES FREDERIC ADAMS TO
ITS DEFENDERS.
To the EdI.ors.f Til" Tribmae.
sir: AT the request Of committee Of American
citizens (of which Mr. IlOwells was, ana Mr. Prescott
Hall Butler Is the chairman. Lloyd Mex. Garrison
secretary and Professor Felix Adler. John Jay Chap
man and other well-known gentlemen active men,
bors) have prepared the following comments upon
certain atements published II by way OF apology
for Mr. Bayard and the Department, in the matter
OF the Russian Treaty {" New-Yorx Times" March ID
and 49,. Neither has been attacked but We should
emphscay protest against any suggestion, from any
source, that the treaty Is not to be freely CRITICISED
and judged upon Its merits, lest the verdict might by
some be thought to reflect upon an eminent man.
Whether the treaty is in fact designed for political
offences" or likely to prove "a source OF INFINITE
trouble In the future" must be judged In view OF
what the treaty Is, and not at all by Mr.. bayaros
reputation as skilled statesman" not In the least
Ignorant of the first principles OF American Tree
dom'
After stating that "the language" Of the Belgian
| trenty OF 1882 "was to have been adopted by Mr.
Dayard in the treaty." the apologst proceeds
! to say:
at Is the United States Judges (sic) who are to
decide whether the offence Is OF political nature
and they must ascertain the facts which define and
|
treaty was formulated and presented BY Mr.. Rayard
II may be Insisted upon that none but persons VINO
! had committed O. the crimes enumerated III the
treaty were to eAtradited. That 1t had nohihg 10
do with the surrendering OF persons Tor pohucs'
offences Is positive. As to the qnesuoh Oh sur
render when It comes before an American Judge IL
should be borne in mind that. even should THIS uh-
American extradiion treaty have been passed WITHIN
the last three months, saturated have been Tie
principles OF our Jurisprudence with the spirit Oh
liberty that It is doubtful whether Russia woud ever
get victim In her c,utches"
These be "brave worts" no doubt, but as 10 tpe
req, practical value OF the alleged safeguards lei
,o,s no suhm,ted 10 candid world" The accused Is
brought before n single commissioner" clerk Vi
,he court instead OF the United States Judges i,
he decides upon a prima facie case) that extrneoh
ais due pursuant TO the treaty. the accused Is gwen
up" And in order that extradidon may DE u"e
pursuant to treaty" all that Is necessary is ta'
the person shall have been charged WIN d tso-
called attempt to commit MURDER even when .ne
alleged attempted killing conveniently mpeiiea
"murder'C WAS inspired by purely political ana
patriotic motives, rs an incident OF sincere ana ue
fermned attempt at revolution provoked oy III III
tolerabe barbarons and cruel tyranny, whioh II III
tolerant Of discussion and peaceful ngitauoh anu 10
AGAINST which absolutely essential 10 Tue Ren-
ara, safety and freedom cannot be secured Tor even
sought to he established) otherwise than by violent
rebellion conspiracy, and at least tncp'ent anu a''
tempted OWL war! 49,,
ca FAR from tho United States Judges" being
80 decide whether the offence was Of pon"c"
| ,a,rr. tho treaty expressly forbds the examining
| commissioner from !. considering" as political
ofence-no matter what the facts may oe-shy AZ
,emp, AGAINST the life Of the Car or member OF MS
! family when snch attempt comprises the ACT vi
murder or assassination, or OF poisoning"
nevond all question It Is soughtto change the e.
talaishcd English and American rule which refuses
to treat as cxtraditabe crimes any "acts" wha'so-
,vcr OF a political nature. 1t was because ths rue
,,as IN 10 surrendered that II found necessary
IN decidc, In advance and utterly Without reference
70 the actual facts In any given case that eera,"
| oc,s which before would not have been eHraoi'"''
offences "should be considered poiltcsi oheho''
,v the alleged united States judges" whom 'ne
opolorist e. Pr so impressvey presents TO us as
deciding whether the offence Is of poiiticai ha'e'
| Tn. use 81 the words "murder" and "assnssnatoh
~os No doubt rxprdent for the purpose. since these
are question begging epithets whose terrible anu
odious associations would naturally prelno'ce inc m
c.nuou, against any act' so jauntiy Labelled WIN
IT. and confuse them into asscnting py ihau'
TO an otherwise shocking change.
.Tbe great principle upheld. says the too-zeaous
ono,oc,st "was that OF equality before the law t)'
and that no man. be he high low In station sho"u
suffer by nn unjust discrimination; 1t Simply sN''
to such dlgndrcs the samc measure OF protective XIV
TINT IS provided for the humblsst OF thcir
| that Il 4. ONLY the attempt" l. against sue
dsnarcs that the treaty changes tnT nt no
matter what circumstances the offence Is no, 10 %.
considered" political one leaving an allrmL"S
a,Inr ~ "A humble subject To be "cohsiaeru
rolIticaI or -po.'tical according TO me s' Tho
We arc told forsooih, that" rs understood by lne
state Department officials proof OF rne aS nS s e"
mission Of IN. crime must be made" rms ohf SnoH s
M, ine .ofIlclals- who so understand 1t mis-.
understand It, In any event, they arc never ass ,
pass upon the question In any actual case, 80 '"'
ih.,r Views about II arr neither here nor there ~
rIain matter Of fact the utmost that inc u.ay .i ,
ior Is e srSsnSe ns would justify apprehension and
commitment for trial. Thy no means conviction allo
. ! runi,hmrnt) on the accusation MADE. EVcrs pm.
i,,Ioncr and committing magistrate knows that very
i,rh, pIma faric OK partc and wholly unsifted and
INFESTED case. on tneged "dcpositions, ~
unknown inaccessible ana or a., ,"e W. in
undated .afanis"-inlormers. spies. policemen engci
10 curry favor bru'ny sup"rs,l,onS "na suc
rose I say might easily, on lis fncc. wlen unp
authenticated ~ to form mot substance or run, ~,
both iustify" and compel under this lrovision !h'
"m SSnns,cn- and .commment for trial OF th'
accused because In this country our notions r,l'
,r,sons as 10 what should suffice for these merely
r,nInarv steps OF our comparatively civilized aud
| humane criminal procedure have been adoptcn ano
developed with reference to the suD,eque, proce, .
,ugs here I'm our courts with our system. under th'
sxes ~ free press-under all the guarantee IN act
| 81 fairness and Justice 10 the Individual Wnch y
notorlousy distinguish Mmsre" ce nho abSoIsm
Of the old Asiatlc type. A., 49,, A.. a.,
No one who Knows can honestly deny that the
proceedings on this side ere Jana nsniiy mus, Ne
ppniv nern,nciory formalties.' wholly inadequate
| when commitment for trial. means not what |,
usually here but the deverhE h up e 20 anS
noiles patriots against whom dcposi,,on. car u,
secured by tho Antoc,at Of all the Rns,ias' ron
any oven the humbiest land most degrnded, ~ MS
q snbects.- CHARLES FREDERIC ADAMS.
New York, March %, 1909.
FOREIGN HOLIDAYS AMER1CANIzED