The herald., 1893-05-08

turn them over for decision to courts
martial. Thus common-law crimes,
which would have the right of jury trial
in the civil courts are turned over to the
tender mercies; Of courts.msrtials and
tried behind closed doors. How is the
innocent Russian, who is sent back
from this country to be subjected to such
arbitrary trials, to purge himself Of the
charge preferred against him? And
how are we to know, once we have
turned him over to Russian jurisdiction,
whether be has received fair play or not
We shaIl undoubtedly be responsible for
the many csses OF arbitrary punishme mt
which must inevitably follow in the
train OF treaty of extradition with a
country under such system Of juris-
prudence.
Then again, there is no certainty of
speedy trial OF accused persons in Rus
sa. The record is replete with in
stances in which persons charged with
crime have languiHhed for FIVE, eight
and as many as twenty years before
trial. A case is cited in which a woman
90 years OF age has just been punished
for adultery committed when che was
eighteen Unless a prisoner extradited
from the United States had excited phe-
nomenal public attention, there would
be nothing to prevent the Russian
government holding him for an indefin-
ite period before he had his day in
court.
.One feature of the treaty just con-
firmed by the United States senate Is
that an attempt against the life of the
czar or any member Of his family shall
not be considered political offsnse,
and therefore the fugitive 30 charged
ehall be delivered up. But the Russian
law declares that every evil intention
and criminal action against the life or
health of the honor of the emperor,
every design to remove him from the
throne or to limit his rights ;
or any one who has orally,
in writing or by thought entered
into conspiracy with such end in view,
is punishable by death. Thus the in
tention or the thought OF removing the
czar from his throne or to limit his
rights is by Russian law deemed an at
tempt against his life. What safety
would the United States offer as an
ssylum to any Russian suspect with this
treaty in force when such law could be
invoked to destroy him?
We should nesbir forget that when we
permit the subject of another nation to
enter our country, the jurisdiction OF
our lsws,and our system of jurispru-
dence cover and protect him. He at
once has the right, If charged with
crime, to fair and speedy frial and TO
all the sanctions of American law that
go to protect the guiltless from punish
ment. How can we enter into treaty
with government that disregards all
the principles OF just and merciful juris-
prudence to deliver up man charged
with crime, of which he would on
trial be declared innocent here. to q
country where his condemnation and
punishment would be sure to follow his
extradition2
Bluntschli lays down the true princi
Pile that should govern extradition when
heeaye: 1.-THE more closely states are
connected in their legal institutions and
their fundamental conceptions OF Grim
inal law, the less dangerous is it that
they should mutually recognize the duty
Of aurrendering criminals, and the more
widely will tbs practice of doing 80 ex-
tend. On the other hand, the more di-
vergent their legal conceptions and in
etitutions are from each other, the more
difiicult it is to satisfy the necessary
conditions for extradition, 30 that, al
the last, 1t disappears"
An American fugitive surrendered by
Russia would have fair trial by a jur,
of his peers in an open court; while (
fugitive Russian surrendered by th
United States would ho subject to sys
tenn of Jurisprudence which possesae
none of the safeguards that surround al
accused man placed upon trial in thi
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