The times. [volume] (Richmond, Va.) 1890-1903, 1893-03-15
The Russian EXfraJitiOn Treaty..


The terms Of the treaty now under con-
sideration between the United States and
Russia are stiH withheld, but it is be
lieved to contain a clause OF serious
menace to the rights and liberty Of Rus
sian refugees. Formerly under absolute
mOnarchies, the most heinous of all
crimes were political ones-offenses com
mttcd against the life or estate of the
ruler-and the principal purpose of cX-
tradition was TO secure the fugitive poll
teal offender The past century, so pro-
life In revolutions and rebolliOns, has eX-
tended the rights of political thinkers
and given rise to the modern policy Of
treating political offenders as nOn-eX-
traditable. AutOcratic Russia seeks TO
transfer what has hitherto been regarded
as a political offense to the list of com
mon crimes. and thus under another name
to demand the extradition OF her refu-
gees. 1t is for this reason that the So
ciety of American Friends Of Russian
Freedom has passed resolutions denoun-
cling the proposed treaty.
There are but two cases In which our
eXtradition policy has been thus defined.
In the treaty with Belgium in 1889 and
with Luxembourg in 1888 IT is stipulated
that attempts against the life of the head
Of the Government or his family, when
such attempts comprise murder. assas-
SluduOIl, OF polSOHlnS, SIdil nol Dt uttlith
political offenses. BY a parity OF reason
ing the claim Of Russia would seem not
unjust. but in Belgium and Luxembourg
the liberty Of the subject is protected by
jury trial. a free press, and liberal con-
stitutiOnal form of Government while the
reverse is true OF Russia. BY the treaty
with Belgium there must be murder
assassination or poisoning 10 constitute
an attempt. There is a wide difference
between this and what in the Russian
criminal law constitutes an attempt on
the life Of the Car. The latter is de-
fined in section 2i2 as follows:
THE ACKNOWLEDGEMENT against the life or
person or dignity of the Lord and EN-
perOr Is regarded as an accomplished
crime not only in case an attempt has
already been made by the wrOngdoer to
put his criminal intentions into operation,
but also as soon as he has started any
preparations whatever for this purpose,
either by urging another person TO take
part In those intentions. or by plotting
a conspiracy or starting secret society
for that end. or by joining such society
or conspiracy. or else by expressing either
by word or in writing his opinions and
suppositions on this subject or in what
other manner sOever."
Offenders under this section are subject
to capital punishment The Society Of
cite as a noticeable case that OF a young
student at the University of Kiof who
was charged with an attempt against the
life Of the Gar found guilty. and hanged,
merely because there was discovered in
his possession n pamphlet advocating rep
resentative government for Russia. Clear
| ~ then refugee, whether innocent or
guilty. would stand but a poor chance
| for life and liberty once within the grasp
of the Russian police.
In eXtradition proceedings here 1t is I'M
| necessary to establish the guilt OF the ac-
| cused. hut merely a reasonable p-esump-
ton of guilt. The evidence may be oral
or by duly authenticated deposition. In
the case Of Farez q Blatchford. 345), it
is laid down that documents duly au
thenticated in the manner prescribed by
our eXtradition law are entitled TO the
same weight as would he given to the evil
! dcnCe Of witnesses present and testifying.
The authorization is n certificate OF
source and form. but no guarantee of the
truth of the matter contained In a deposit
! ton. Such documentary evidence could
be supplied by the Russian police ad libi-
tum.
! 1T is now generally recognized that the
accused shall only be tried upon the
| charge for which he is extradted. Such
"a provision forms part OF the English Ex-
|
custom only. In 1875 the United States
| procured the extradition Of Lawrence
from England for forgery. and undoubt-
edly would have tried him for completely
in a smuggling conspiracy had not Great
Britain protested. When in the foll0oing
year we asked for the surrender OF Wins
| low on the same ground, the demand was
refused. because we declined 10 give as
surances that he would only be tri "a for
the onense charged in the requisitioB IL
the United States thus seeks TO evade the
spirit Of its treaty. what may we not ex-
peer from country governed by auto
cratic and semi-civilized methods?
The censorship Of the Russian press is
so drastic. and so little publicity attends
Russian political trials, that we could
know little or nothing of the ultimate fate
OF person surrendered. What protection
could we afford him. once out of our GUS
tody? II las been asked IL the American
people would not with one voice protest
were a Gulteau To be harbOred by the
Russian Government. True we have had
assassins, but they were not made so by
political oppression. The criminal, what
ever the motive of his crime. has always
a m arff al nd 3,.i.