New-York tribune., 1899-07-30


ton should be refused for any offence that is
not regarded a crime By the law OF the land
upon which the demand for surrender is made.
Thus there are certain offences in the monarch
ical States Of Europe that would not be re-
garded crimes in this country. and in no
possible way can the stpuations Of the extradi-
ton treaties be twisted so as to enable the
surrender Of foreigners subjected to charges OF
this kind
Taking in its entirety the system Of extradi-
ton as applied in this country and Great
Britain, no fault can be found with its iberality.
The tendency is invariably to favor the pris-
oner. The courts are always supposed to lean
too much in favor OF the accused. and here IN
the United States especially thanks to endless
habeas corpus proceedings which will be re-
sorted TO by clever lawyers in his behalf it is
often difficult and costly to secure the extradi-
lion OF a fugitive In America, as in England,
the habeas corpus is Justly yenerated as the
most potent OF the bulwarks which guard the
liberty of the citizen. But it may be questioned
whether this admirable safeguard does not
sometimes become an instrument in the hands
Of foreign criminals. battling the pursuit 0f JUS
uce in cases which OF themselves admit
Of no reasonable doubt. It is largely owing TO
this that extradi.on has become so expensive
4 process in the United States that hesitation
10 have recourse thereto is frequently mani
tested In fact it leads in cases Of crime
against property. 70 the feeling abroad that
resort 20 extraditon IS merely an Increase OF
the pecuniary losses already sustained. and that
1t is preferable TO allow the criminal 20 escape
without further waste Of money 10 secure his
punishment Few people have any idea Of the
thousands upon thousands OF dollars that fire.
quently have to be paid In order to secure the
extradition Of clever criminal who possesses
sufficient means to employ the services Of
shrewd and sharp American lawyers cognizant
OF all the possibilities Of the habeas corpus act.
TERRITORIALITY OF CRIME.
Before concluding this brief sketch Of The
system Of extradition. 7 would add that there
are several European States. notably Russia.
Austria and. I believe. Germany that decline
to surrender their own citizens whose extradi-
ton Is asked by a foreign State taking the
ground that to them belongs primarily the
right Of Furnishing offences committed by their
subjects upon foreign territory The United
States. Great Britain and France N 'he other
hand. adhere to the principle that criminal law
Is territorial and on this account refrain from
calling their subjects % account f1r crimes COM
mtted abroad, except In cases where their eX
tradition is demanded Thus j Russian who
robbed or murdered another Russian OF even
an American in this country would be punished
for his crime by the Musc0vite tribunals N his
return home, whereas L an American citizen
we're 70 commit 4 murder in Russia or any
where in Europe. he could not De punished uy
the United states courts for the offence and
would only be arrested on this side ~ the At
lantic in connection Herewith Il his ex--adi-ion
were applied for by The country .u Which he
had perpetrated the crime The only exception
which the United States and Great Britain
make in this respect are when crimes are per-
pe,rated by their subjects On The high seas 1r in
semi-c.vilized and barbarous Countries where
they enjoy extra-territ0rlal jurisdiction. France
likewise puu.shes offences Committed against
her safety such as treason. ,he -1unt-~t-.ung
II her money etc.. when perpetrated oy her sub
jects on foreign soil.
Judging by the trend 4 the dfty years that
have elapsed since extradit.on came into actual
operation. .- is evident that as -.me goes N
the laws 0f extraIi-i0n are bound % Increase
p scope each new ex-rad.t.0n treaty That takes
The place 0f rs predecessor carrying with II m
Increase u he number u oIeuces rhat are de-
creed ex-raIItalle Not however. before ths
arrival # the millennium can we hope % wit
rass the logical climax d -xtraIr.1u namely,
,he removal 1f those barriers -hlt exist between
nations. and behind ~aich haven OF refuge
viii always be more or less found 3y .oreign
fugitive criminals EX-ATTACHE.