Year: 1876




THE REFIVAL or EyTG1DITIOH.


A treaty provision for the eztradition OF
criminals, sufficiently equitable and humane
and duly observed upon either S'ie, is one OF
the marks of modern civilization quo the per
fection of international good y 'rhood.
The reason why the world has l. sipw to
admit the moral obligation of making ouch
arrangements is not altogether discreditable.
Carefully considered, it is an ackno gledgment
Of the sacredness of the right of refuge; it is
an answer to the demand which the virtue OF
hospitality makes upon the best feelings OF
our common nature. When most governments
were hard, cruel, and tyrannical; when the
stranger sought shelter with at least a pre-
sumption of deserving it, and when his de-
livery might be rather to despotic wrath than
to justice, the gates were shut against fugl-
tive with humane reluctance The more init
mate intercourse of States and the obvious
impossibility of permitting any respectable
community to become the Alsatia of nations,
have resulted in these notifications of the
right of asylum which are known as extradi-
ton treaties.


When the Extradition Treaty existing be-
tween England and the United States was in
terrupted in its operations, the inconvenience
was at once practically manifested III way
which could give satisfaction only to outlawed
vagabonds. The release followed in London
of Winslow, Brent, and Gray by the British
Government, for want of assurances which IL
was quito out of the power of our own Gov
ernment to give, even though they had been,
~ they were not, in accori nee with the terms
of the treaty. The Canadian Government
promptly followed its home instructions. Inc
American Government Immediately announced
that il would not entertain any requisltlon Tor
the surrender of criminals on the part OF Great
Britain. This was but logical and natural.


No situation could give better opportunity,
upon either side, for the exercise of good
sense. Reason, policy. and convenience de-
manded an accommodation which III certain
conditions of the public temper might easily
have been missed. The views of the two
Powers respecting the construction OF the
treaty were diametrically opposite, and as
there was no room for a compromise, 1t was
evident from the beginning that upon one side
or the other there must be concession, without
which the existing treaty would become
dead letter with but little hope left OF nego-
tiating a new one. II is greatly to the credit
of England that she has taken the initiative,
os indeed she was obliged to do from the
circumstances of the case, if it was to be taken
at all. This may have been her misfortune,
but she has proved herself superior to
puncti0 by reccdng from her orlginai
position, and by ordering the extradlton OF
Winsow, Brent, and Gray without stlpu!a-
tions. Although this is done as friendly
preliminary to the negotiation of new treaty,
we are informed in advance that no effort will
be made by Great Britain to embocy in the
fresh agreement a stipulation that persons
surrendered To the United States shall he tired
only for the oiIcnses for which extradltion has
been demanded. No settlement could be more
satisfactory, and we incline to the bellef tllat
the new rule, or more properly speaking, the
old one re: ffrmCd, will be found equally de-
sirablu by both contracting parties. Unior-
tunately no commercial nation is free from the
crime which commerce engenders, nor from
other crimes of n more violent character; nor
does the wrong-dOer coniine himself in many
cases 10 the pcrpetration of a single oilense.
Where there are several indictments against
him. il should be left within the judicial dis
crction of his own Government to deteruine
upon which he shall be tried nor could the
authorities at Washington give any pledge
which would effectualy control the action OF
the State tribunals, even although there was
desire to do so.


We accept this fresh evidence of the good
understanding of the two Governments as an
almost certain indication that peace between
them will not be lightly broken. 1t is true
that the abrogation of the provision for cx-
tradition could hardly have furnished casts
belR, except between Powers eager to find one
But friendly offices and constant observance
of the comfy of nations make less difficult the
adjustment of disputes of more belligerent
tendency. H0stitics between Great Britain
and the United States have again and again
been predicted during the last thirty or forty
wears. but in every instance of msundcrstand-
ing diplomacy has al!ayed all disturbances
We may now reasonably hope that amity has
been secured for period of time beyond which
it is impossible, and would be Improbable if
it were possible, to look.


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