The Superior times. [volume] (Superior, Wis.) 1870-1912, 1893-06-17
TREATY SECRETS TOLD.
Official Correspondence on the Russian Con.
vantinn MAZDA Public

recently promulgated Russian extradi-
ton treaty has raised important ques-
tons of international etiquette and
diplomatic procedure which are attract
ing much attention in official circles
Interesting secret correspondence
which passed between the secre-
tary of state and the United
States minister at St. Petersburg while
the negotiation of the treaty was in prog
ress, is made public to-day. The docu
ments corroborate the statement mad
by Secretary Bayard in his note to Pres
ident Cleveland at the time the treaty
was first submitted to him for his APP
proval and transmission to the Senate,
that 1.-The first step towards an extra
dition treaty between the United
States and Russia was taken
by this government, and that
these negotiations led to no substan-
tial result, though they were carried on
for some months" The reasons for the
failure of the earlier negotiations were
the rejection of propositions made by
the Russian government for the inclu-
sion of provisions described by our
State Department as Eat once repug-
nant to the policy of this government
and to the criminal Jurisprudence of the
United States"
The first of these confidential letters
was from Jnited States Minister Jewell
informing Secretary of State Hamilton
Fish that the Russian government
seemed ready TO negotiate with the
United States for naturalization and ex-
tradition treaties and requesting an ex-
preston of views of the State Depart
-, ! 10, 4 l.
the subject with the Russian foreign
office. In his reply to this Secretary
Fish enclosed the draft of a treaty CON
tanning most of the stipulations desir-
able, saying:
The general policy in regard TO such treaties
is 10 restrict the giving up of offenders to those
only who may be charged with those crimes
laws of all countries and the express exclusion
of persons charged with political offenses
only. You may accordingly sound Prince
Gertschalkoff on the subject and if you should
find his disposition favorable you may enter
upon the negotiations and bring 1t to the
ClEsion desired
The Fish treaty contained the import
ant provision that persons should only
be surrendered upon such evidence of
criminality az, according to the laws of
the place where the fugitive or person
SO charged shall be found, would Justify
his or her apprehension and commit
ment for trial ifthe crime or offense had
been there committed" That proyso,
omitted from the Bayard treaty, was re-
stored by the Senate and is a
part of the treaty as it was pro-
mulgated by President Cleveland
Minister Jewell reported to Secretary
Fish the results Of his discussions with
the officials of the Russian foreign office
at st. Petersburg. The report was not
satisfactory TO the Washington author
tiles as shown in the reply of Secretary
Fish which SAYS:
You INCEPTION the desire expressed by the Rus
sian minister for foreign affairs that the treaty
contain provision for the extradition Of per
sons charged with the commission of crimes
against the laws of either country outside the
neutrality-suspicious. OF the country whose law 5
offended against. This cannot be conceded
Ii is at once repugnant to the policy of this gov
eminent and 10 the criminal Jurisprudence of
the United States, and in effect would render the
municipal law of one country operative within
the territorial sovereignty of another independ-
ent sovereign power.
The secretary continuing said that hv
the constitution of the United States an
accused party is entitled to trial within
the state and district wherein the crime
shall have been committed. No
offender can be tried in the United
states for an ottense committed without
lis jurisdiction. In another official
letter to minister Jewell, Secretary Fish
said:
With reference TO the suggestion that a clause
should be embodied in the proposed treaty pro-
NIdlug that eXtradltiOn shall not be granted url-
less the punIs h rlent fixed BY the laws of bot n
countries is at least a year of Imprisonment,
there exist serious If not inSurnountable obec-
tons to its acceptance by this government In
regard TO such crimes, the punishment of " hich
Is by imprisonment. the ma iority of the eases
in which this government would be called upon
to demand cxtradition must, in the nature
of things be for offenses against state
laws and under which the term OF
such imprisonment is fixed and regulated by
the several states These terms vary in the diff
ami IN some especially among the Western
states, the law leaves and alternative discretion
with the court in which the party is convicted
Of liking fine or imprisonment as the penalty.
To make eXtradition depend on such diverse
pUnIshmcntS would be at once embaT raising,
conflicting and wanting in the essential Gle
mcnt OF uniformity. transmit herewith a list
OF crimes embraced in proposed extradition
treaty between the United States and
Great Britain not yet concluded. but the nego-
hatanS concerning which are now at an al
vanCed stage. This list of crimes has been sub
Stantially agreed upon. and, it is believed, Will
be finally adopted by both governments The
article containing the schedule of crimes in
question has been the subject of very careful
consideration by this department and in its
opinion furnishes as large a list of otfeu>cs as
this government at this time would deem adviS-
able In any treaty the subject. 1t may be
stated for your personal information that even
in this schedule the insertion of the crimes
numbered respectively ;, 6. Il
and 10 have been seriously objected TO
hy sGyera 10 ieading senator l. may
treaty III which this list Of crimes should be en-
larged would fail to receive the assent of
the Senate IT, therefore, the Russian gov
eminent should desire to include the crimes in
diCatcd by the above, il will be proper for YOU
10 advise il of the objections entertained by III e
senators referred 10, and that treaty incluii ne
armenian pffpnSpS a ii m
subject TO extradition may possibly encounter
opposition in that body.
Numbers 5, 6, :, IL and Is in the
schedule of crimes embraced in the pro-
posed treaty of extradtion with Great
Britain to which Secretary Fish thus
called particular attention were as fol-
lows:
5 Embezzlement or larceny, when the value is
not under 81 900. The former of the two crimes
signifies ENLIGHTENMENT of public moneys com
mitted within the jurisdiction of either party hv
public officers or repositories, or ENLIGHTENMENT
by any person or persons. hired salaried, to
the detrtment of their employers, when the
crime is subject 70 punishment by the laws OF
the place where il was committed.
& Crimes by bankrupts against bankruptcy
laws.
:. Fraud by a bailee banker, agent. factor.
trustee or director. or member. or officer Of anv
company, and which fraud is made criminal nv
any law being i'll force
il. Child stealing.
TO- iITedts pN leller OF OthcrNlse Win intent
10 CNtoTt
Russia insisted on certain of these
provisions and on others of still more
objectionable character SO the neg0tIa-
lions We're temporarily suspended. 1t
i All interesting fact that the treaty with
Grrat Britain 10 which Secretary Fish
referred was not ratified, the State De-
partmont and certain influential sena-
tors obIectng 10 its provisions.
HEARTY WELCOME TO BAYARD.
Sout mpton Greets tho Inn ba = ga o
with Flags and Address.
Sol TIL >NProN, June l0.-The city to-
IL - IT,