Year: 1876

The British Government has acted with
oreot good sense and commendable wisdom
and moderation in abandoning Its original
view of its treaty obligation to surrender
fugitive American criminals. No diplomatic
intelligence could be more gratifying to all
who appreciate properly the Importance OF q
good international understanding. The ground
taken by the American Government we now
understand to be accepted by England, in
spite OF any act of Parliament to the contrary,
viz: That when a prisoner has been surren-
dered for any specific Oiiensc, he may be sum-
marilv arrested in the country to which he
has been delivered up, and placed on trial for
any other crime for which he would have been
liable TO extradition under the treaty. Prompt
action has followed the decision OF ministers
Brent has been apprehended, and will be de-
liyered up within fifteen days upon charge
,of forging and uttering. Winslow and Gray,
il is understood, have decamped, or they also
would have been arrested.


II il only by considering the great and nu-
merous evils which would follow the entire
abToeafion of treaty stipulations for the ex-
tradition of criminals that we can c0mpre-
bcnd the importance and appreciate the grace
of this action upon the part OF Great Britain.
The commercial relations of the two countries
are so intimate and the facilities for passing
from one 10 the other are such that some un-
derstandng upon the matter is demanded both
by self-interest decency, and the cOmmOnest
regard for Justice. 1t is hardly worth while to
inouire which country would be more
seriously embarrassed by the absence OF
all treaty provisions for the surrender of fugi-
tive felons. Neither could afford the estaD-
lisbment of an Alsatia within the territories OF
the other, to which its forgers and swinders
might flee, there to enjoy their ill-gotten gains,
and TO laugh ut the laws which they had
broken. Thus far, it is true, the weight of the
practical inconvenience has been upon our side
but a moments reflection will show that this
has been accidental, and that the comparative
situation might have been easily reversed.


1t is plain that q treaty construed as the
English Government was at first inclined to
construe that already existing would have
bound the United States to the performance OF
Impossibilitics. How could the Washington
Government, in the absence Of definite treaty
stipulations which would have created par
amount public law, have given any guaranty
that Winslow, for instance. being once legally





should be tried only for n special and partic-
ular offcnse against its laws when he had
committed 30 manyf The distinction that the
prisoner shall be first tried for the ofiense for
which he was delivered up il of no conse-
gncnce if, after nm acquittal or mol. pros.
which would fulfill every condition of trlal,
process against him for other oficnses may be
had lncontinenty. This is very different from
a demand that upon his deliverance upon the
specified charge he shall be at liberty to
leave the jurisdiction and regain once more
his foreign asylum


The proposition for new treaty will doubt
less be favoably received upon both sides.
There is already q suggestion in England OF
an enlargement of the scope of extraditlon;
and il this should be agreed upon, 1t VIII be
quite unnecessary for England to demand in
the new treaty a recognition OF her flrst mis-
taken Interpretation of the old one. The ex-
tradition stipuations may be made to cover
easily all cases likely TO arise and to recog-
nizc the local judicial functions of the States.
Neither country can possibly desire that crime
should be committed with impunity; neither
can be disposed to disregard the natural com
ity of nations; and upon either side the obli-
cations and the advantages of common-sense
arrangement are as nearly equal as possible.
Whether the particular doctrine of the act of
Parliament shall be embodied in the fresh
treaty or not, there should be no difficulty in
making it guaranty of the substantial JUS
tice which is all that either nation can properly
desire.