The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-13

able subserviency to a foreign power, and
an act meriting the reprobation Of man
kind"
From Moore on Extradition Mr.. Span
quoted this opinion: Neither the extra
dition clause in the treaty of 1884 nor in
munity for political offenses or to the pro-
lection or asylum for political refugees.
The public sentiment of both countries
States and Great Britain 1t was not sup
posed on either. side that guarantees We're
REQUIRED Of each other against Ts thing In;
Mr.. Spaan, lis fundamental doctrine un-
DERIVING our relations"
Continuing the same line of argument
ne an 80 to
asylum state. Quoting from Professor
Moore, the authority on extradition, he
whether an act charged has the charac-
ter of a political offense rests with the
government on which demand for the ex-
tradition is made. This is necessarily SO
since it is essential to the exercise of the
right of refusal and to the maintenance Of
the asylum which nations afford to political
refugees. In different countries different
political offense. The differences naturally
arises from variant notions Of government
and policy, and each nation is entitled to
maintain its own opinions on such sub
jects."
"Therefore," Mr.. Spaan declared "this
man has a right to be judged according
of liberty, our definition of personal rights. -
TREATY OBLIGATIONS
Mr.. Span then passed to discussion of
treaty obligations, quoting Chancellor Kent
and other jurists, and declaring that parts
of a treaty affecting extradition must be
construed as literally as the rest of the
treaty. cit is the language of the treaty
1.o k~to
to the laws in force in the place Of the
asylum. What would that rule be in Indi-
ana? That he must be found guilty be-
yond a reasonable doubt. All that is neces-
sary in making this defense is to raise IN
the mind of the court reasonable doubt
The definitions of a political offense. &C.
cording to the most eminent authorities,
he quoted: In view of the precedents it
must be stated that every act Is political
one which has political purpose in view,
even though the act is in itself and apart
from it's purpose a detestable crime"
English authorities have held, Mr.. Spaan
pointed out that fugitive criminal shall
political character. "A crime is political,
according to the definition accepted for
many years by the English government,
first, II 1t seeks to bring about or further
a change in the form of government of q
state, or in the composition of the gov
eminent; second, IL Ii seeks to influence
the actiOn OF leSlSlatlOn OF government
third, to bring the government into disre.
pute. That the crime of Lynchehaun fell
into the third class-acts committed with a
political object which, apart from such an
object, have an ordinary criminal ele-
ment, was the inference dropped by the
attorney. Mr.. Span gave John Stuart
Mills's definition of political crime, lay
ing special emphasis on the third clause,
which. 1t is gathered, applies directly to
Lynchehaun's Onense: ANY offense COM
mitted in the course of or furthering of
civil war, insurrection or political COM
notion
PART OF A REVOLT.
He pointed out that .Lynchehaun was at
the head of from 600 to 1,6O0 men, and his
acts were part OF a revolt confined to a sim
gle province. The cases of Cazo, Castiona
and Ezeta. in which refugees were not sur
rendered by the United States, were in
stanced to support the contention that
Lynchehaun had been guilty of a political
crime. The language Of the authorities was
very clear, Mr.. Span showed.
Coming to the conclusion Of his argument
Mr. Spaan declared that the condition of the
authorities Is such that each case should
be decided upon its circumstances The
Lynchehaun case IL one for the court to
determine according to an enlightened con-
science and the facts, he said. THE cir
cumstances must not be considered narrow
ly More must be taken into question than
the mere acts of the defendant One of the
conditions was the unrest in Ireland. q state
OF smothered revolution Every act of the
kind Of which Lynchehaun was guilty must
feeling In the island. According to interna-
tional law, treaties, etc, we must Judge Of
this mans acts IN the Light of Americas
ideas Of liberty. II such laws - lrsland'l