The Washington weekly post. (Washington, D.C.) 1878-1916, 1899-08-01


ye; to be created and the voyage across
the ocean occupied rot FIVE days. but four
10 FIVE weeks, the flight Of EurC.-ean
criminals 70 this country Uss sim more
extensive than Il Is to-day. and Il was
with the object Of checking this abuse OF
the rights OF asylum in the United States
that the later may be said to have t=kea
the lead IN the inauguration OF the exist
ing international practice OF extra6iuon.
il was not without considerable hesiia-
ton that the United States embarked
upon this course; for az the close OF
the last century. al the very moment
when the American government was most
anxious 20 Tsmoin on the best OF terms
with France. II declined a most pressing
request Of the latter for the surrender Of
a French officer, the Chevalier de Long
champs, on the ground that Il would be
Incompatible with the sovereign dignity
OF the United States" but undertook 90
punish the man itself. consiFnlng him 10
prison by order of the Philadelphia Court
Of Oyer and Terminer for a term Of two
years.
Original Ex,radttion Treaties.
The first treaties OF extradition, except
the one concluded between England and
the United States in 1894. and one between
Great Britain and France in 1905, both OF
which remained Imperative. was the con-
vention negotiated at Washington by Lord
Ashhurton in 1872 which provided for the
extradition between the two countries Of
persons charged with murder, assault
With intent 10 murder, piracy, arson, rob-
berry, and forgery. France concluded a
treaty of the same kind with the United
States In the following year, and by de-
grecs al. other civilized countries followed
suit, not only as regards this country but
also among themselves. the Ashburton
treaty OF 1872 between England and the
United States serving as a basis for the
entire system. In fact, to-day there is
practically no civilized country. outside
of some OF the South American republics.
that is rot bound TO the United States by
treaties providing for the mutual surren-
der Of criminals.
Here In America actual extradItion
is essentially an act he Executive, the
judiciary merely determining whether the
crime charged is specified by the extradi-
ton treaty, and whether the evidence is
pr!ma facie sufficient 20 hold the accused.
The demand for extradition must be ad-
dressed, in the first place, 10 the Secretary
OF State at Washington, and the National
Executive thereupon, acting by virtue OF
two Congressional measures bearing date
OF 1873 and 1850, respectively, directs GER
tain magistrates. judges, or commissioners
OF United States courts TO take cogniZaHce
OF the matter. The Judge or Commission
OF thus instructed thereupon issues war;
rants of arrest, tries the accused, and,
finding that the alleged crime Is specified
by treaty. and that there is prima facie
evidence of guilt on that charge under
American laws, commits him 10 the Gus
tOdy OF the Executive who In turn sur
renders him to the officers of the foreign
government that has demanded the extra
dition.
Two Important Principles.
There are several important principles
that play a prepOrderant role in the pres-
eat system OF extradition. One of these is
that no prisoner VINO has been surrendered
to a government which has demanded his
extradltion may be tried or punished after
his surrender for any other cTtme than
the one for which he has been extradited
Thus. a man who has been extradited on
q charge Of forgery could not be tried foE
murder and punished for that offense.
even though that crime were discovered
only subsequent 20 his extraditIon. An
other equally important principle Is to the
effect that eXtraditi0n should be refused
for any offense that ig not regarded as a
crime by the law OF the land upon which
the demand for surrender is made. Thus
there are certain offenses I'm the mon
archical states OF Europe that would not
be regarded as crimes in this country,
and in no possible way can the stipula-
tIons OF the eXtradition treaties be twist
ed go az 10 enable the American surren-
der of foreigners subjected TO charges Of
this kind. Taking In It's entirety the sys-
TEN OF extradition as applied in this cOun-
try and Great Britain, no fault can be
found with its lIberaity. The tendency
is invariably to favor the prisoner. The
courts are always supposed 10 lean too
much I'm favor Of the accused. and here
in the United states especially, thanks 10
endless habeas corpus proceedings which
will he resorted 10 by clever lawyers in
his behalf. it is often difficult and costly
TO secure the eXtraditiOn of a fugitive.
In America, as In England, the habeas
corpus is Justly venerated as the mOst
pOtent OF the bulwarks which guard the
liberty OF the citizen. But II may be
questioned whether this admirable safe
guard does not sometimes become an in
nails for battling the pursuit Of justice In
cases which can OF themselves admit OF
no reasonable doubt. IL is largely owing
to this that extradltlon has become 80
expensive n process in the United States
that hesitation TO have recourse thereto
is frequently manifested. In fact, It leads.
in cases OF eTs..ae against property. 20 the
feeling abroad that resort 70 extradi-
ton IL merely an increase OF the pecunlary
losses already sustained. AMI that u Is
preferable 20 allow the criminal % escape
without further waste of money 20 Sc
cure his punishment. Few people have
any idea OF the thousands upon thous-
ands Of dollars that frequently have 20
be paid in OTuer 20 secure thz extradition
OF O. clever criminal who possesses suffi-
cisnt means 10 employ the services OF
shFeWd and sharp American lawyers
e6gnlzant OF al the possibilities of the
habeas corpus act.
JsrritorIaIity nf Crime.
Before concluding this brief sketch Of
the system OF extraditi0n. ] would a45
that there are several European states,
notably Russia, Austria, and, ! believe.
Germany. that decline 70 surrender their
OVID citizens whore extradition is asked b.
a foreign state, taking the ground that 10
them belongs primarily the night ~ pun
ishing cffeases committed by their sub
ieoss upon foreign territory. The United
states. Great Britain. and France. On the
other hand. anhers TO the principle that
criminal law IL territorial. ard Oh this ac-
count refrain from calling heir subjects
10 account for crimes committed abroad.
except in cases where their extradition is
cenanSed. Thus Russian who robbed or
murdered another Russian or even an
American in this cotntry would be pun-
lshed for his crime by the AuscoviIe trlb-
Grals on his return hOme. whereas u al
American citizen were 70 commit mur-
der IN Russia or anywhere In Europe. h
could nos BE- punished BY the United states
courts for Ire Ofense. and would Oniy b.
arrested on this side 81 the Atlantic IN
connection thsrcUith II his extrad'iioH
wefe Applied for b the country ~ wAicn
be lad psFpstTsted the cFiIns. The OILY
exception which the Cnitef States AMI
Great Britain make in this respect II
when crimes ars rerpeirstsd ~ their sub
tects on the htse gczs or "a scnil-civiiiZP1
and b1rczrOEs Countries. where they entor
exfrstsrFitor.sl jurisdiction. France IKE
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