The Washington weekly post. (Washington, D.C.) 1878-1916, 1899-08-01
SURRENDER OF REFUGEES.
Practice of Extradition Originated by
the United States.

r. XTRADTTTON constitutes nova
- DAYS 20 such 4 degree part and
parcel of the Jurisprudence Of
every civilized state that ]; has
needed the farewell address OF old
Sir James Vaughan. the senior police
magistrate OF the British metropolis, on
retiring after fifty years service al Bow
Street Police Court. where al! demands
upon Great Britain for the extraditi0n OF
foreign criminals are heard and decided,
to remind US that IL is only during the
last half century shat the present system
| Of the surrender OF fugitive foreign Grim
inals 10 The authorities OF their own c0un-
try has come into operation II is per-
| fectly true that an extraditIon treaty be-
tween the United States and Grsat Brit
sin, the first agreement Of the kind ever
negotiated between any foreign countries,
was concluded in 1874. But no legislation
| having been enacted by Congress fer the
purpose OF carrying It's provisions into ef-
feet, It was held 10 be legally imperative.
and expired by limitation in Nos Nor
was any attempt made TO renew this sx-
tradition arrangement for thIrty-six
years. In 1Si. a fresh treaty Of extradi-
ton was negotiated by Lord Ashburton-
This agreement has HAD it's scope extend
ed by several subsequent conventions be-
tween the two nations, but never1neless
constitutes the basis OF the present meth
| ods OF dealing with fugitive criminals
from foreign countries.
Argus!Ies and boss Tweed
There seems to be a widespread impress
sion that no surrender OF fugitive Grim
| inals can De made where no extradition
treaties exist. This is mistake Among
all civilized powers the principle of ex-
tradition exists even vixen. for one rea-
son or another, It is not covered by any
hard and fast International convention,
and demands for the surrender Of CHM
| 'tnals addressed by one government 20 an
other are granted on the ground OF inter
national courtesy and comfy, even IN the
absence of treaty stlpulations This
practice prevails TO a considerable extent
among the countries of continental Eu-
rope, and while in the United States and
England the authorities have manifested
| pronounced reluctance to surrender
criminals otherwise than in accordance
with treaty obligations vet there kave
been Instances where the United States
has extradited fugitive criminals in re-
sponse 10 applications from governments
with which no eXtradition arrangements
existed at the time.
Thus, in 1863. President Lincoln caused
the arrest and the surrender to the Span
ish authorities OF q man OF the name of
Arguelles, in the absence of any extradi-
ton treaty with spain. Arguslles, who
had been a Lieutenant Governor OF q dis-
trict In Cuba, was charged with a num-
hgr ~ ~ nrEr
law, among the minor accusations beng
one 20 the eject that he had sold into
slavery several hundred negroes Illegally
brought from Africa. On the authority
Of Secretary Seward he was arrested by
a United States marshal and turned over
10 the Spanish police officers. who took
him back TO Havana for trial. A motion
was at once made in the United States
Senate calling the President to account
In the matter. arguing that In the absence
OF a treaty OF eStraditiOn and OF Con-
gressional legislation touching the sur
render of fugitive criminals 10 the Span
ish government ne had exceeded his pow
ers as Chief Magistrate. To this Secretary
of:State Seward replied TO the effect that
the President had given UP Arguelles IN
der the rules of international comfy,
| which prescribe, as matter of courtesy
| the compliance with demands Of this
kind addressed by one civilized power
to another and added that Mr. Lincoln
had likewise acted in the affair in ac-
cordance with the spirit Of the Constitu-
ton of the United States, which is not
ia favor OF the principle of affOrdlng asy-
lum 10 fugitive criminals from abroad,
bat distinctly averse thereto. a number
Of years later the Spanish government
l \
to the United States the notorious Boss"
Tweed, although IL was some time af-
terward that an extrRdition treaty be-
| tween thi, country and Spain was con-
Guided.
Political Refugees Shielded.
OF course, there are many persons v no
Will take to-day-as others did in The
days OF Abraham Lincotn-exception 70
| the argument that the spirit Of the Amer
| lean Constitution r. contrary TO the con-
cessiOn OF right Of asylum 10 aliens who
ara fugitives from the Jurisdiction OF
their native land. True, this country,
| Ike England has always been ready 70
grant refuge TO foreign fugitive whose
| offenses were OF purely political char
| acter. English-speak'rg people have from
| time inmemoria! been foes Of tyranny
| and despotism and disposed to sympa-
thize with those who were engaged in
more or less sangunary struggles Cor pO-
| litIesl rights. popular government, and
| civic freedom.
Sometimes this sympathy has been car
ried to extreme lengths. as. for instance
when the British government, supported
| by Parliament declined. even in response
20 G yelled threat OF war, 20 surrender 10
| the French authorities the men Implicated
| in the Orsini plot against the life Of Ma
| poleon IIT-a conspiracy Matched In Eng
| land. which resulted in the destruction Of
| the imperial carriage N the neighborhOod
| OF the Opera, az Paris, by means Of eV-
rloslve bombs manufactured in london.
| that killed some twenty people, besides
manning others. The English government
| likewise declined 10 give up 10 the Rus
| star government the nihilis. leader RaZ-
| cliefsky, justly charged with the cold
| bio oded murder OF the St Petersburg
| Chief OF Police. Gen. Mesentzeff. by means
| % a stab I'm the hack In fact. Razcheff.-
| Ky became en- honOred citizen IN England,
a member OF the staff II the London
/ Times. and the recognized authority on
! ali Russian questions. under the name Of
| "Stepnlak."
4 In the same way me Dnite1 states hHs
afforded a haven OF security 70 a large
number Of old world regicides. taking the
| ground that the offenders had been drfen
| 90 desperation by intolersble political
wrongs and tyranny. Only 4 few years
| have elapsed since the assassin 81 tho
| father OF the present Duke 81 Parma
/ Bourbon died IN Philadelphia without ever
| having been uolested by the American az
| thoTl;iss, and since have been in this
| country I have come across the nihilist
l'ieader Hartmann. who engineered sew
ersI Of the most notable attempts 70 as
| sasslnate the late Gar. and the still more
! celebrated Degaie-. who. In December.
| is,., murdered the chief OF the detective
| police, Gen. .Soudeikine on the Neya Quay
| 4; st. Petersburg. Moreover. while Eng
| land has tolerated within he- borders the
authors 81 dynamite outrages perpetrste1
| on the continent this country, on the
! other hand. has offered a similar asylum
! 20 the Irish Fenlans and ''inyincibles'
, sho had been prolzpted ty the wrongs Of
4 Etrf- IA nit - a.