The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-04-19
The Russian Treaty.

Tho publication of the text of the
Russian treaty, AZ the request OF repub-
lican senators, fails to chow any praise
worthy difference between the provisions
on account OF which the senate claimed TO
reject the treaty in 1887 and those which
it has now confirmed. The article 10
which objection was made III 1857 was as
follows:
Article 8. II il be made TO appear that
extradition Is sought with view 10 try or
punish the person for an ofiense OF a po-
litical character. surrender shall not take
place. nor shall any person surrendered
be tried or punished for any political OF
Tense committed previous to his extra
dition, nor for any ofiense other than for
which the extradition was granted, nor
shall the surrender OF any person he de-
manded for an oEense committed prior to
the day at which this convention shall
take effect
The murder or manslaughter comprising
the wi lful or negligent killing OF the
sovereign or chief magistrate of state, or
any member OF his family. as well as an
attempt to commit or participate in the
said crimes, shall not be considered an
offense of a political character.
The change is only as to what shall be
excepted from the list of political Of
lenses. and in the present treaty it stands
as follows:
An attempt upon the life OF the head OF
either government, or against that OF any
member of his family when such an at
tempt comprises the act either OF murder
or assassination. or poisoning, shall not be
considered political ohelse, or an act
connected with such offense.
1t will be observed that in both cases
there must be comprised in the act an
actual killing of the sovereign or chief
magistrate or some member of his
family or an attempt to kill, and
as to the principals in such crime
no objection lie made to the treaty. The
objections raised are to the wording as to
accessories, conspirstors, or other persons
in any wav implicated in the offense. In
the former treaty the wording as to the
offense of such persons is:
An attempt to commit or participate in
the said crimes.
In the present treaty it is:
An act connected with such offenss
The present wording is certainly much
broader than the former Our courts
would hold that an attempt to participate
in the otiense must be some active, intel
liRent part in the work, such as would
make the person an accessory before the
fact under our law. But what is meant
by she word Connected" Connected in
what way? Suppose a man rents a house
to people who use it to carry out
their scheme Of assassination, is his act
connected with the offense of assassina-
ton? II he knew their purpose 1t would
be, OF course. but if he did not, can that
be used on the trial for extradition? 1t ia
charged that he did. The renting is evil
IDENTITY connected" in some sense with
the oIense, no matter whether il vas done
innocently or not. Could extradition be
refused under such circumstances? The
present expression is a very loose one 10
be used in such document.
In treaties with most countries con-
sidered civilized il would not make great
deal of difference, as tho accused would
ordinarily receive fair trial in his native
country. With Russia the case is dlfer.
ent. She gives jury trial in non-poliiIcal
cases. but cases connected" with an at
tempt on the life of the ruler or other high
official are political as well as criminal,
and In these the government proceeds
as it sees lit 1t will be remembered that
when ALEXANDER III was sssassnated in
1881 one of the messages that soon came
across the cable was In these words:
"RYSSAKoFF is being tortured. That
was all. He was the man who threw the
first bomb. He was going through the
first steps of his trial A shudder ran
over the whole country when that little
line Was printed. The ofenss ives awful
but this is the nineteenth century.
The Russian government makes little
distinction in the grades of political Of
tenders in its punishments and presuma.
bly, little in its mode of trial. 1t was u
significant fact that the accused in 1851 ali
confessed. Suppose now the man who
rented the house and was extradited
comes to trial in the same way as RYssA-
KoFr. Suppose he is innocent. 1t seems
as if this government ought to in
sist on fair jury trial, and
no torture. for people extradited from
here. That Is only reciprocity. Anyone
brought here from Russia has those rights.
There is also a reasonable objection made
TO art. OF the treaty which contains this
definition of tho crime of forgery:
The crime of forgery. by which is I'M
derstOod the utterance of forged pap ers
and also the counterfeiting of public, SOW
erelgn or governmental acts.
1t is claimed that this covers the for
gerry of passport, and the claim is evil
IDENTIFY we'll founded. Russia guards the
frontiers with the greatest vigilance, aud
it ls with difficulty that her citizens are
able to escape from her borders. ii a
Russian has committed no ohense except
forging passport to escape from coun-
try that has become uncomfortable, and has
sought an asylum here, he should not be
extradited.
The Evils of FaIsehood.
The time has arrived when all honest
oho,t1H oa1au,,,