Speech #660117949

Lord Coke long since laid down the general doctrine that It was a part of the laws and liberties of a kingdom that fugitives were not to he surrendered. " It is holden." he says In his Third Institute. "and so It hath been resolved. that divided kingdoms under several kings. in league one with another. are sanctuaries for servants or subjects flying for safety from one kingdom to another: and upon demand made by them are not. by the laws and liberties of kingdoms. to be delivered. It appears. accordingly. to be a wellsettled principle of international law that. except pursuant to a treaty. a nation is guilty of no offense toward another by refusing to surrender any fogitive from justice whatever. may be the character Of the crime of which lie is accused. In the case of political refugees. however. not only is there no right to have such surrendered to the country from which they fled. not only are they safe by the almost invariable custom of nations in modern times from arrest and delivery upon considerations of comity. but the nation that should refuse asylum to such or surrender them to the justice or vengeance of another would subject itself to general reproach. In the case of Martin Koszta. Secretary of State Marcy. in 1853. wrote to the representative of the Austrian Government. as follows: No State can demand from any other. as a matter of right. the surreider of a nativehorn or naturalized citizen or subject. en emigrant. or even a fugitive from justice. unless the demand Is authorized by express treaty stipulation. Internal law allows no such claim. though comity may sometimes yield what right withholds. To surrender political oftenders (and in this class Austria places Ko.zta) is not a duty. but. omn the contrary. compliance with such a demand would be considered a dlshonorable subserviency to a foreign power and an act meriting: the reprobation of mankind. Koszta had fled to Turkey. from the Sultan of which country he was demanded by Austria. similar demand being made at the some time concerning certain Polish refugees by Russia. Touching the affair. Mr.