New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-09-09

Paul stenslsnds s-r,st az Tsngier will serve
q useful purpose I'm 6ispelling the popular i'm
rrsssion which seems ~ prevail that criminals
ere safe from capture ~ rhey can only manage
70 reach some country which is not hound by
any extradition treaty with the one from which
they have hes. Anything that can bring home
20 men fnclined - offend against the laws Of
the land that nowhere I'm the world ran they
find safety from the avenging hand ~ Justice
Is calculated 20 scf IS deterrent OF crime. and
IS therefore 81 advantage - the commonwealth.
Under the circumstances the capture OF the de-
faulting president ~ the Milwaukee Avenue
stste Rank OF Chicago. in Morocco and his sur
render 10 the United States authorities by the
Moorish authorities cannot be made too widely
known.
The fact Of the matter is that the principle
Of extradtion exists among al civilized powers.
oven when for one reason or another II Is not
covered by any hard and FAST international con-
vention. and requests for the surrender Of GRIM
inals addressed by one government 10 another
sre granted on the ground az international oour-
tesy and comfy. even in the absence or treaty
stipulstions. This practice not only prevails
among the Christian countries 80 Europe and Of
this Western Hemisphere. but has likewise been
10 all iutents and purposes adopted by Asiatc
Rnd North African states. such as. for instance.
Morocco Thus the United States has on num-
Der % occssions arrested and surrendered for
align fucitiv. criminals here In response 20 sp-
piicstions from governments with which no ex-
tradition arrangement existed ~ the time
Presi6ent Lincoln in 1853 caused th- arrest and
,h. surrender 20 IN. Spanish authorities Of
man OF the name OF ArEueI.s I'm the absence Of
any extrsdition treaty with Spain Arguellss
who had been tho Lieutenant Governor OF q
province IN Cuba was charged with a number
@, a-ocous crimes against the common law.
among tho minor accusations being one 20 the
effect that ne had sold into slavery several hum
dre6 negroes illegally brought from Africa on
the authority Of Secretary Seward he was ar
rested by United States marshal ard turned
over 70 the Spanish police officers. who took him
back 10 Havana for trial motion at once
made in the United States Senate calling the
President 20 account IN the matter arguing that,
,n the absence OF treaty Of ertraeitiou and OF
Congressional legislation touching the surrender
81 fugitive criminals 20 the Spanish government
he had exceeded his powers es Chief Magistrate.
To THE Secretary Seward replied 20 the effect
that the President had given UP Arguelles under
the rules Of international comfy, which pre-
scribe as a matter Of courtesy the compliance
with demands Of this kind addressed by CIV
;ized power 20 another and he added that Mr..
LINCOLN had likewise acted in the affair IN ar
cordance with the spirit OF the Constitution Of
the United States, which is not in favor Of the
principle OF arording asylum 70 fugitive Grim
snals from abroad. but distinctly averse thereto
A number Of years later the Spanish govern
ment returned the compliment by surrendering
20 the United States Boss Tweed, although e
was only some time afterward that an eKtradi-
tion treaty between this country and Spain was
concluded.
Although treaties Of eKtradition We're nego-
fisted between the United States and Great
Britain in 1894 and between England and
France in 1896. they remained dead letters. and
really the treaty concluded by Lord Ash
burton a. Washington I'm lS42 which the
first international convention 81 this kind 10 be
out into operation. France negotiated treaty
of the same kind with the United States in the
following year. and 10y degrees all other civil
izcd countries followed suit. not only regards
America. nut also among themselves the Ash
burton Treaty OF lS42 between the United
States ana England serving a basis for the
entire system.
Here In America the actual eKtradition Of for
eign criminals Is essentially act 81 the Ex-
ecutive, tho judiciary merely determining
whether the crime charged is specified by the
eKtradition treaty and whether The evidence is
prims fscie sufficient 10 hold the accused. The