The morning call., 1894-09-15


porter of the Government who fights TO
preserve that Government To his view
love of country calls him to protect that
country at every risk, and to that end he is
justified in Staying the men who desire to
destroy him. When civil war breaks out
what passion is there that doesn't break
out? For the deeds done in this condi-
ticn, when the lust for killing is supreme,
is court going TO say TO one out of the
crowd, Il shall pick you out Of this crowd
of murderers and turn you over t. your
enemies to Try you unless you can point
out to me that ;be killing of this man did
not lead directly to some political end ?"
"Shall | call up the dead from their
resting places and ask them to TESTIFY"
said Mr.. Page. He proceeded to do so,
picturing the horrors of the Civil War, the
prsoning of men at ADdersonville and
Libby, the cruel treatment they received,
the torch Of the Union applied in the
peaceful valley of The Shenandoah by Or
der of General Sheridan so that a crow
could not live TO Hy across 1t. That ac-
ton was the action of a military COM
mander, who. for the good OF the people
of the United States, had decided that
this granaIy of the South should be de-
stroyed. He instanced the hangiDgs and
shootings by the gueTilias under Mosby
and other leaders who had been recOg-
nized as belligerents by the Government
of the United States. He read from the
record of the rebellion the narrative of
massacre and mutilation of a surgeon and
his escort at R0seville, Ark, and stated
that hundreds and hundreds of other such
deeds had been committed during the war
"What became of the record of all these
crimes?" be asked. Against the men
who committed these crimes, generous
people at the end of the war, mindful of
what human nature is; knowing that, un-
der the circumstances. civil war breaks
loose all passions; remembering also that
there is no curb to men who are drunk
with blood; chastened by the martyrdOm
of the President of the United States,
whose last words told them to look upon
the acts of their erring brethren with char
ity to all, with malice toward nOne-this
generous people dropped tear upon the
page and blotted out the record forever.
That was done by this people. They for
got what had been charged against the
people of the South. They forgot what
had been proved against them. They
struck the record from the files of the
courts and left instead of it the blank
spaces to be filed with charges against such
men as in cold blood, fred by malice, by
love of reward, by love of gain. should al
tempt to take the life or property of cit-
zens of the United States, not for those
for whom Abraham Lincoln begged the
charity of this country, because they were
mistaken"
Mr.. Mitchell, of counsel for the Saliva
doran Government, made his first appear
ance in court, since his recent sudden
illness, at the afternoon session.
Mr.. Page touched On the hanging of
Casmiro Renriquez once more 10 show
that it was purely and simply one of the
natural outcomes of the state of civil war
and, if a crime at all, it was political one.
The unfortunate youth had been captured
as the assassin of the idollzed Colonel
BulgOs. and the drunken soldiers and
fem ale camp-followers had wreaked their
fury on his head; and in this connection,
counsel stated that it was the custom, and
properly the custom, of all courts in the
United States to look through the eyes of
the State Department for the purpose of
determining public statutes and public
treaties. He meant those statutes of the
. nited States which have to do with the
dealings of this country with foreign ma
tons. 1t is always understood that the
courts will always follow the executive in
all matters affecting boundary lines, affect
ing the recognition of foreign countries.
and affecting the belligerency of contend
ing nations. They even follow the ex-
ecutive in matters affecting the domestic
life of the country.
In line with this, MIR. Page read from a
decision of the State Department in the
case of eight Mexican revOlutiOnists ar
rested in Arizona in 1850. They had some
time previously descended on the town of
NJ agdalena, stealing cattle aud leyyIng
tribute. The Mexican Government de-
manded their extraditiOn for these crimes.
In refusing the request Mr.. Hunter, acting
Secretary of State, said:
"The fact that they are charged with be-
ing Ievolutionists shows that. whatever
may have been their other crimes, they
may also have been guilty of a political
offense. for which the treaty STIMULATES
that no extradition shall be granted"
Decisions in the same line by Secretaries
Frelinghuysen and Evarts were also read.
From the work Of l.. Bar of Gottingen,
an eminent German writer on interna-
tonal law, MI. Page produced one of his
strongest arguments in support of bis
statement that the present Government of
Salvador would be satisfied with nothing
less than the death of these men.
what may seem an act of Justice"
says Bar, "may in truth be service rem
dered to the sympathies of a political