Speech #660117949

Many of our extradition treaties provide that they shall not be construed to extend to requiring the surrender of persons accused of political offenses. but the principle that such are never surrendered Is so vell established that however general may be the language it will be construed as carrying an exemption giving immunity to political offenders. Neither the treaty of 1794 nor the treaty of 1842 with Great Britain excepted offenses of a political nature. but it was held that .such a provision was nccesssarily implied. Touching them Secretary Hamilton Fish wrote: o Nefther treaty contains any reference to immunity for political offenses or to the protection of asylum for political or religious refugees. The public sentiment of both countries :made it unnecessary. Between the United States and Great Britain it was not supposed o either side that *guaranties were required of eacti against a thing inherently impossible. any more than by the laws of Solon was a punishment befog necessary against the crime of parricide. which was beyond the possibility of contemplation. That this statement is wholly:justified as to Great Britain is indisputable considering the repeated assertion of the rule by her statesmen and jurists. In a debate in the House of Commons in 1815 Sir James M11CIntosh said: I believe that I may venture to lay it down. if not as a part of the consuettdinary law of nations at least as agreeable to the usage of modern 1imes. that though nations may often agree mutually to give up persons charged vith the conllnon offenses against all human soclety. civilized States afford an Inviolable asylum to political emigrants. The controversy over the demand by Austria for the surrender of Koszta and his compatriots drew from Lord Palmerston the following: If there is one rule which more than another has been observed In modern times by all independent States. both great and small. of the civilized world. it is the rule not to deliver up political refugees unless the State is bound to do so by the positive stipulations of I treaty . and Her Majestys Government believe that such treaty engagements are few. if Indeed any such exist. The laws of hospitality. the dictates of humanity. the general feelings of mankind forbid such surrender. and any indepeiident government which of Its own free will were to make such a surrender would be deservedly and universally stigmatized as degraded and dishonored. Westlake. a writer on international law. asserts that extradiion for political offenders can not be claimed by any international right and can not be conceded without shocking the sentiment of free countries.