New-York tribune., 1899-07-30
EXTRADITION.
MODERN FORM OF JURISPRUDENCE
THAT OWES ITS ORIGIN TO THE
UNITED STATES
POLITICAL REFUGEES EXEMPT FROM ITS ACTION
HOW EXTRADITTON Is BROUGHT ABOUT
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HOW EXTRADIIIoN Is BROUGHT ABOUT
AN EXPENSIVE PROCESS.
Extradition constitutes nowadays to such a
degree part and parcel OF the Jurisprudence Of
every civilized State that 1t has needed the
farewell address OF old Sir James Vaughan, the
senior police magistrate Of the British metropo-
lis. on retiring after fifty years service at Bow
Street Police Court where all demands upon
Great Britain for the extradtion Of foreign
criminals are heard and decided to remind us
that II is only during the last half century that
the present system of the surrender Of fugitive
foreign criminals to the authorities Of their own
country has come into operation. II is perfect
ly true that an extradtion treaty between the
United States and Great Britain. the first agree
ment OF the kind ever negotiated between any
foreign countries was concluded in 1874 But
no legislation having been enacted by Congress
Tor the purpose of carrying its provisions into
erect 1t was held to be legally imperative and
expired by limitation in 1906 Nor was any
attempt made TO renew this extradition arrange
ment for thirty-six years. In 1912 a fresh
treaty OF extradition was negotiated by Lord
Ashburton. This agreement has had its scope
extended by several subsequent agreements be-
tween the two nations. but nevertheless consti-
tutes the basis Of the present methods Of dealing
with fugitive criminals from foreign countries.
CASES OF ARGUELLEs AND BOSS TWEED.
There seems TO be a widespread impression
that no surrender Of fugitive criminals can be
made where no extradition treaties exist. This
is a mistake. Among all civilized Powers the
principle Of extradition exists even when. for
one reason or another it is not covered by any
hard and fast international convention and de-
mands for the surrender Of criminals addressed
by one Government to another are granted on
the ground OF international courtesy and comfy.
even in the absence Of treaty stipulations This
practice prevails to a considerable extent
among the countries of Continental Europe. and
While in the United States and England the au-
thOrities have manifested pronounced reluc-
tance 70 surrender criminals otherwise than In
accordance with treaty obligations yet there
have been instances where the United States
has extradted fugitive criminals in response
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 Spanish au-
thOrites Of a man OF the name OF Arguelles. IN
the absence Of any extradition treaty with
Spain. Arsueles who had been q Lieutenant
Governor Of & district in Cuba, was charged
with a number Of atrOcioUs crimes against com
mon law. among the minor accusations being
one 70 The effect that lie had sold into slav-
cry several hundred negroes illegally brought
from Africa. On the authority OF Secretary
Seward ne was arrested by United states Mar
shall and turned over % the Spanish police OFF,
GERS who took him back 10 Havana for trial.
4 notion was al once made in the United States
Senate calling the President 70 account in the
matter. arguing that in the absence of a treaty
OF extradIlon and OF Congressional legislation
touching the surrender OF fugitive criminals 20
the Spanish Government he had exceeded his
powers as Chief Magistrate. To his Secretary
OF state Seward replied 20 the eject that the
President had given up Arsuelles under the
rules II international comfy, which prescribe
as a matter OF courtesy. the compliance with
demands Of this kind. addressed by one civilized
Power 20 another and added that MI Lincoln
had likewise acted IN the affair In accordance
with the spirit OF the Constitution of the United
States. which is not in favor Of the principle Of
a1ording asylum 10 fugitive criminals from
abroad but distinctly averse thereto mum
Der OF years later the Spanish Government re
turned the compliment by surreuderng to the
United States the notorious Boss" Tweed. al
though it was some time afterward that an
extradition treaty between this country and
Spain was concluded.
POLITICAL REFUGEES SHIELDED
OF course there are many persons who viii
take to-day-as others did in the days Of Abra-
ham Neutrality-suspicious. 70 the argument that
the spirit OF the American Constitution IS con-
trary 70 the concession Of right Of asylum 20
aliens who are fugitives from the jurisdiction OF
their native land True, this country. like Eng
land has always been ready TO grant refuge 10
foreign fugitives whose offences y ere % purely