The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-18

and has been liberated. The return OF
the state prisoner could only be de-
handed on the ground that she had
been a prisoner OF war and Spain does
not admit that there is condition Of
war existing In Cuba. But even II
Spain admitted that war existed, IL has
always been recognized that when a
beliigerent or prisoner OF war placed
himself beyond the jurisdiction Of the
government with which he was at war.
that put an end TO the pursuit.
II is very remarkable that ex-Secre-
tary Carlisle should take any other
view on a subject which is not only
well fixed In the declarations Of au-
thorities. but II so thoroughly estab-
lished In the popular mind. Mr.. Car
Isle says that II Spain should see At
TO demand from this country return Of
her prisoner Of war, liberated without
authority by an American citizen. we
must in honor comply with such de-
mand: 10 refuse TO deliver the prisoner
OF war upon the demand of Spain would
be 10 violate the custom between ma
tons"
II Is fundamental principle Of law
In the United states that extradition
depends entirely upon treaty, and he
should be familiar with the leading
case on the subject which was decided
In Kentucky. Therein Ii was held that
the right OF one government to demand
and receive from another the custody
OF an offender who has sought asylum
upon its soil. depends upon the exist
enee of treaty stipulations between
them. and in all cases is derived from,
and is measured and restricted by. the
provisions. expressed and implied, of
the treaty.
In Wings case. II was declared that
1T is the settled polite doctrine of
the United States that independently
OF special contract no state Is bound
TO deliver up fugitives from the justice
OF another state" This referred to
members of the Union, of course, but
the principle Is clearly laid down by
Judge Lindsey In the case OF Common
wealth VS.. Hawes--in which Hon. John
G.. Carlisle was one OF the attorneys.
The court says: THE ancient doc
trine that sovereign state is bound
by the law of nations to deliver up per-
sons charged with or convicted of
crimes committed In another country.
upon the demand of the state whose
laws they have violated. never did per-
manently obtain in the United States.
II was supported by jurists OF dictine-
ton, Ike Kent and Story; but the doc
trine has long prevailed in the United
States that n foreign government has
no right TO demand the surrender of a
siolator OF its laws unless We are I'M
der obligation to make surrender in
obedience 70 the stipulations OF an ex-
listing treaty"
II Is true that there exists an opin-
ion by United States attorney gem
eral, early in our history. to the con-
trary. but that Is not a judicial de-
eision. In that case II was held IF a
demand were formally made that a
subject and fugitive from Justice. a
hoinous offender within the dominion
Of Spain, should be delivered to his
government for trial and punishment.
the United States are In duty bound TO
comply.
In some Of the despotic countries Of
Europe prisoners Of war have some
times been surrendered and offenders
extradlted without treaty. but among
civilized nations that Is not done. and
the United States has followed the pol
icy of Great Britain In this respect. We
have a treaty with Spain which speci-
fies extraditable crimes. and It includes
murder attempted murder. rape. arson,
piracy. burglary. robbery. forgery.
oounterfeltlng. embezzlemeut and kid.
naping- The offense with which the
young woman IS charged would scarce.
ly come under either Of these heads
and unless specially provided By treaty
political Offenders viii not be delivered
up. In many treaties political onenses
are expressly excluded FROM their APP
plication without giving any specific
definition q their nature This Is the
/ case n the treaty with Spain. wherein
IL Is expressly provided that the pro-
visions Of this convention shall no,
import claim or extraditson for any
crime or ofsnse q I political charac-
ter. nor for acts connected with such
crimes or ofTenses." \ prisoner Of
var woald. Of course. be a political
prisoner.
Ex-SeoTetsry Carlisle Is equally IN
fortunate when he expresses the opin-
ten thar complications are likely 70
arise growing ont ~ the fact that Miss
+ Clsneros was rescued BY citizens a
TIE United States Had they been
caught IN the act or been captured be-
fore they got out 81 the jurisdiction 81
Spain. 1; might have been long time
before they could - released BY diplo-
matte Intervention. bat since they did
ct away they are safe. for our treaty
With Spain. adopted in 1877. provides
! that neither u The CONTRACTING nar-