§ MR. O'KELLYasked the First Lord of the Treasury, Whether Her Majesty's Government will order the dismissal of the chief constable of Gibraltar from the public service as a mark of their disapprobation of his conduct in illegally surrendering to the Spanish Government General Maceo and his companions?
§ MR. EVELYN ASHLEYI do not quite know whether the hon. Member in his Question points to the acting police magistrate who was reported to have given the order, or to the Chief Inspector of Police who executed it; but, whichever the hon. Member means, I would point out that until the inquiry which has been directed to be made is completed, it would be premature to apportion the blame and its punishment. I may add that the acting police magistrate who is supposed to have issued the order in question is no longer in that office, which he only held temporarily, as his successor was appointed about a fortnight ago.
§ LORD RANDOLPH CHURCHILLMay I ask whether the refugees in question were given up on the application of the Spanish Government, or spontaneously by the English Magistrate; and, if given up on the application of the Spanish Government, whether that Government applied that they should be treated as common prisoners or as political offenders?
§ MR. EYELYN ASHLEYAs far as the report we have goes, what took place was this. The Spanish authorities communicated to the Colonial Secretary at Gibraltar the statement that certain prisoners named had escaped, and were expected to arrive at Gibraltar, and calling upon him to apprehend them in order that they might be claimed under the Extradition Treaty. The Colonial Secretary wrote to the police magistrate informing him that this application had been made, and giving directions that these men should be apprehended on their arrival. He only intended that they should be apprehended in order that due inquiry might be made to see whether there was anything in their cases to warrant giving them up. It appears that the acting police magistrate, without any further communica- 470 tion with the Colonial Secretary, or Governor, acted in the manner I described yesterday.
§ LORD RANDOLPH CHURCHILLDid the Colonial Secretary at Gibraltar give any instructions as to the course to be adopted?
§ MR. EVELYN ASHLEYHe gave instructions that they should be apprehended.
MR. JOSEPH COWENOn what ground, unless there was some criminal accusation against them, could these men be arrested? They were purely political exiles.
§ MR. EVELYN ASHLEYMy hon. Friend's Question would lead me into a long discussion. When a friendly Government comes forward and asks another friendly Government for the arrest of certain men, undertaking to make a case for their extradition, it is usual for that friendly Government to comply with the request. ["Oh!"]
MR. JOSEPH COWENMight I ask if my hon. Friend would apply that rule to the arrest of political exiles in this country?
§ MR. EVELYN ASHLEYI need hardly assure my hon. Friend that in the bare information we received there is no statement by the Spanish authorities that these men were political prisoners. On the contrary, they said they were convicts who had escaped, and the Colonial Secretary naturally expected that an inquiry would take place.
§ SIR H. DRUMMOND WOLFFBy the Extradition Treaty with Spain, political offenders are expressly excluded. If, therefore, the Spanish Government have obtained these prisoners without stating that they were political offenders, they have obtained them under a false pretence. I want to know whether, by the Extradition Treaty, prisoners thus arrested are not to have the opportunity of applying for the habeas corpus? Was such an apportunity given them, or has a strong representation been made to the Spanish Government on the subject?
§ MR. EVELYN ASHLEYsaid, Notice would have to be given of these Questions.
§ SIR R. ASSHETON CROSSUnder what provision of the Treaty were the prisoners given up?
§ SIR WILLIAM HARCOURTIt has been already stated that they were 471 wrongfully given up, and therefore they were given up under no provision of the Treaty.