The Sun.
London, England, 1821-11-17 00:00:00

FUGITIVES FROM JUSTICE.

. .
[From the Kingston Upper Canada Chronicle, Sept. 7.1
BANK ROBBERY.--A man named Milligan, a clerk in the
Phoenix Bank in New 'York, lately absconded from that city
with' 24,00 Q :dollars belonging to that Institution. Two thou-
samtdollars reward have been offered fox his apprehension, and
it is conjectured that he is endeavouring to make his escape
into Canada. A question has arisen in New York Whether it
is legal or not. to pursue fugitive felons into the British domi-
Mons, and there to arrest them for trial and punishment in the
United States. We make a quotation of some remarks on this
subject by the'Editor of the New York Evening Post, from
which it appears that in the opinion of the highest legal autho-
rity in New York,such pursuit and apprehension are legal, The
question, we believe, has never been stirred here, though we
should be glad to see the opinion of Chancellor Kent supported
by that of our own legal authorities. Canada is the' place of
refuge for many of the malefactors in the neighbouring States,
and certainly they are a description of 'emigrants whom of all
others we are the least desirous of seeing encouragecL
On a case brought before Chancellor Kent he laid down the
following principles :
First. " It is the law and usage of nations, to deliver up of-
fenders charged with felony, ann other high crimes, who have
fled from the country in which the crimes were committee?, into
a foreign and friendly jurisdiction.
Secondly. " It is the duty of the civil magistrate to commit
such fugitive for justice, to the end that a reasonable time may
be afibrded for the government here to deliver him up, or for
the foreign government to make application to the pro-
per authorities here for his surrender. if no application is
made in a reasonable time, the 'prisoner will be entitled to his
discharge.
Thirdly. " The evidence to detain-such fugitive from justice,
for the purpose of surrendering him to his .government, must'
be such as would be sufficient to commit the party for trial, if
the crime, had been perpetrated here.
• Fourthly. " The 27th article of the Treaty of 179;1, between
the United States and Great Britain, was merely:declaratorY of
the law of nations on this subject; and since the expiration of
that Treaty, the principles of the law of nations remain 'obliga-
tory on the two nations. .
Fifthly. " The Chancelleir or a Judge in vacation has juris-
diction to examine a prisoner before him on Habeas Corpus,
and'who has been taken, in custody on a charge of felimiy com-
mitted in Canada, or a foreign state, from which he had fled ;
and if sufficient evidence appears against him to reMaud him, or
if there is not sufficient proof to justify his detention, to *discharge
_ _

" His honour the Chancellor quoted Vattel's Law of Na-
tiOns, Marten's Summary of the Law of Nations, Grodus, and
Burlemnqui. He also referred to the common law of England,
and adduced a chain of decisions, to spew, that the Law of Na-
tions was a part of the Common Law, and of course that the
doctrines here laid down 'Were British doctrines, and would be
recognized by the Courts of England.
" Whether an arrest has ever been made in the British pro-
vinces, and the questions raised in 's case have ever been
brought up and investigated, we cannot say ; we are inclined to
believe that they have never been agitated beyond the laws.
But surely if the law of nations be a part of the, common law,
as we know it is, and if the comnion law of England is the
common law of the British provinces, we cannot see why the
.principles, so clearly and judiciouSly expounded and enforced
by Chancellor Kent, should not be recognized and cherished in
the colonial tribunals of the Canadas. It is for the interest,
the peace, and the safety of all nations, that the grasp of the
law extends to crime wherever it is perpetrated; it is for the
' happiness of all countries that fugitives front justice, who have
become outlaws from the great moral community of mankind,
should find no-asylum nor resting place within the pale of Crei-.
lization., By the community of nations public offenders have
never been shielded. Public policy,..as well as the dictates of
justice, have resulted in the practice of aiding the policy of all
nations to secure and vuntsh felons and fugitives, according to
the lex loci of the land where peace and property were invaded.
Those who flee from the Canadas will find no refuge here ;
will the civil tribunals of the Canadas, then, deny this doctri2e,

and protect those Aandon the tnitect Statcs, to esc a Our
State. Prisons ? We think not. We. know th'atfugiti,;cS
been seized in Car.ada and brought to the United Stafes, an 4
we also know that no power there has intem.red to arrest tl-1
course of punishment. We therefore . say, that if the maxi
who has robbed the Phaenix. Bank takes up Ins abode in any
part of the Canadas, it would be legal to pursue, arrest, -and
. bring him hick to atone to the institution which he has defraud-
ed, and the community that
.he has injured, in that manner
which the laws.demand."

All nations are interested in putting down crimes which in
their nature are hostile to the existence and welfare of civilized
society.- Those who commit them are common enemies to -all
mankind, and ought no where to be shielded from the punish-
lnent provided bythe laws which they have violated. It has
-bead the disgrace Of Canada and the United States, that they
have mutually become . the receptacles of the runaways from
justice from each other.
Such evidence of the commission of the crime by the person
accused as would be sufficientin either country, to authorize
an arrest in. the ordinary. course of law, ought to justify his
being arrested in the country into which he may have escaped,
and being delivered hp to the ordinary officers of justice in the
country where he may have committed the crime, there to take
his trial.

Political offences; or those which in -their nature partake,
more of an offenceagainst a particular society than against sO.i
ciety in' general, ought not, however, to be included, and we
believe they never have been included, among the offences for.
which persons escaping from one country, into another have
been delivered up; excepting' where coalesced tyrants, or their
weak neighbours, have done so from:motives of common feel-,
ing and interest or weakness. The most unhappyperiod for
mankind was under the Roman Emperors, when the destined
victims of the reigning tyranny could dad no asylum in any-
part of the then, known world.
ST, Louis, AUG. 15,---(OBITUARY.)—Died in this place,
on yesteiday, after a Ion,: and painful illness, the Pank of Mis-,
souri.She had been for some years afflicted with pulmonary
complaints ; but it is supposed her death was very much accele-
rated in consequence of having swallowed a very large piece of
Silver Coin, . and tier which her physic had prescribed art .
Emetic-L-and unfortunately administered Spirits of Wine, in-
stead of Antirnonial Wine; which entirely decomposed the -
metal, and caused it to remain in the stomach ; producing
lent spasms. The good doctor, not conscious or cis error, and
supposing the spasms were prouct..d alone by the metal, admi-
nstered' on Monday last a Cathartic; bur the pill was so large
and powerful in its effects, that the old lady's frame sunk under
the operation, and she died the next morning, (yesterday,) to
the great; consternation of the Doctor, to whom the silver be-
longed,
which he was so anxious to make the old lady disgorge,
and which he now fears is irrecoverably gone. As, a last effort,
however, it is said he intends to (men the body. The last mo-
ments of the old lady were very much embittered from a vs.
tiety of causes which shall be hereafter communicated.

MONTREAL, SEPT. 22.—Pierre Du Charm, who was con-
demned to the gallows to be executed on the 21st June last,
but who was afterwards pardoned through the clemency of his
Excellency, with orders to leave the province, was on Thursday
last committed to gaol, on a warrant from Thos-Johnson, Esq.,
for having stolen (since his pardon) from the farmers in Burtor,
'vile, 28 sheep.
'Provincial Secretary's Office, Quebec, Sept. 24, 1821,
His Excellency the Governor-in-Chief has been pleased-to
make the following appoinments, viz.:—
t..lintt(4 Hatt, Esq. Commissioner for the-summary Trial of
certain small causes in the 'parish of St. Joseph de Chambly, in
the county of Kent, in the district of Montreal.
Barthelemi !Weber, Esq. do. do. in the parish of St. Roch,
an the county of Leinster, in do. do.
Edouard Faribault and Alexandre Mabhutt, Esqrs. do. do.
in the: parish of St. Pierre du Pottage de PAssomption
do. do.

Jean . Dessaules, Amable Archambault, and Louis Picard,
Esqm-do. do. in the parish of St. Hyacinthe, in the county of
Richelieu, do. do.
The Hon. James Cuthbert,-Esq. and Joseph Douuire Bondy,
Esq. do. do. in the parish of Berthier, in the county of War-
wick, in do, do. •

Olivier Tremblay, Esq. do. do.-in the parish of Contreewui.,
in the county of Surrey, in (”9. do,
Jean Baptiste Constantin, and Rene St. James, Escirs. do-
do. in the Parish of Saint Vincent de Paul, in the County 4.
Effil4faria, in do. do.
Franvois St. Onge do. do. in the pariSh of St. Ours, in Ile
county of Richelieu, in do. do.
Charles Kilborn, and &lair Pommy, Esqrs. do: do. in ti.e
township of Stanstead, in do. do.
Kenehn C. Chancier, Esq. do. do. in the parish of Nicolet,
in the County of BuCkingharnshire; in .the District of Truce
Rivers.

Henry Cull, Charles Whitcher, and Moses Nichols, do. do-
in the township of Batley and Ascot, in do. do.
John Fletcher and Jean Thomas Tasehereau, Esqrs. to bu
jointly and severally Chairmen of the Quarter Sessions of affil
for the District of Quebec, by Commission dated the Gth June,
1821.

PRICES CURRENT 01' SEPTEMBER 24TH.
.ASHES, Ist sort Pearl, .. -3.5 s per cwt.-
Do. Ist sort Pot, - -20 s per do.
BEEF, - - - -47 s per barrel-
Po ILK, .. - £3 2sfid.per ' d 9.
IfLotin, Superfine, - 1 Ostia' do.
Do. tine, - -20 s per do. •
DRIED COD FISIIi lOs a listid per cwt. -
SALMON, - - £3 lOs a£3 15s per tierce. '
OAK, - - - li a ls2d per foot.
RED PINE, - . Gcl. a 7.--d per ao. . ,
WHITE do. ' - -21 d a3d per do.-
STAVES PIPE, 5i feet by 1..-, in. £32 a ..i.:35 per 1200 pcs.
Do. PUNS. 3:1 feet by, 4- inch 17 lOs a ..4.73 ler do.
DEALS, 12 feet 11 by 2i inches. £6 'a £7 per 101.01'c'
0 ovE RN ME N T BILLS, 30 days sight,—not drawing. ' -
-MERCHANT'S' BILLS, 60 days sight, 7 a './, p. c. premium.

---o- •
MONTREAL, SEPT. 29.—A report is in circulation whiff?
reached this place from New-York yesterday, that the King;
had been assassinated in Ireland : but as the subject is too ho-
portant for trifling, we cannot credit it, until we have proof Po-
sitive of its correctness.
SINGULAR.—There are now on a farm in La Chine, sonic
young apple trees from which a crop of apples was gatherol
about four weeks since ; which are at present in full blassora,
and beginning to exhibit young apples the same as early in the
spring.
Statement of imports from Upper Conada.and the Unircti
States, by Coteau du Lee, from the 11th of September to
•28th ditto, 1821 inclusive ; 11 boats with 985 barrels flour..:
68 do. ashes ; 137 do. Pork ; 98 bushels wheat; 48 do. beans'
6( Packs furs.
Last Monday evening, as one Mr. LcMarch, of St. Leonard,
was returning thither from this city, his cart came in contact
with the gig of one Baptiste LeTremonilie;_ he was pitchta
out, and his head sustained such injury that he died in a quarter
of an hour.
Last Thursday, about thirty Indians from Canglinawagr,,,
headed by their chiefs, and dressed (e: rather undresst:Z) ir, their
war fashion, paid a visit to this city, and danced in front of tla
aovernment house, the North-west Stores, and other esta-
blishments with which they are connected. They were wen.
made, active young men, and decorated with a superfluity or
silver ornaments, but do not appeer by any means so strung as
the labouring class of our population.
Last Wednesday night,; we learn two pay scrjeants of the, •
COth Re t. deserted, with about £39 in cash belonging to their
companies, and leaving debts-to the same amount; and took it
direction towards the United States. In the morning, th,LY
flight being discovered, four Officers of the regiment vc,nt %it
pursuit of them ; but the fugitives bad accomplished their
cape into the neighbouring territory.

QUEEC, :OCT. 4.—The lease of the King's Posts Or
twenty xears from. October, 11122, was on Tuesday Ltstt
conformably to the advertisenit,nt of the 25th June;to
Cieudie of this City, for £l2OO per annum.. The last lease vial
held by the North-West Comp:i.ny, which is now united with
the Hudson's Bay Company. l'he Country, the exclusive trade
of which is granted by the leaaa, extends from the Saguenay
about forty leagues downwards, on the northern bank of St.
Lawrence, and back to the height of land forming the
son's Bay boundary, in all enough to form a large kingdow
The lease we believe is the oqy remaining vestige. of the:w°,
nopoly in which the French hang once held the trade of ti"i
Colony.
Extract of a Letter from a Gentleman resident in the District
of GasiA, to a friend at Quebec, dated 24th Aug. 11121.-of
" We have been Visited by two of his Majesty's sloops
war, the Carnation, Capt. Ha/1, and *lased:, Car. Napier 7--;
The latter is yet on this station. They are, in the Gitipb fcr;
the purpose of preventing the Americans from encroaching
our k'isheriel, but their interference tinder the existing treat.,
useless. The American Fishermen do not wish to come wit'a`
three miles of the shore, and their right to fish at that distatic.cf
is unquestionable. Our l'.'isherit.s z.J..e diminishing iast, ttr,4
the treaty with the Americans remains (in that partieuhai,
it now is, a few yearif will pet an end to it. Toe AinerunD,
mist be kept out of the Gulph, or Canada loses its Cotitisliol'
and the latter will, I. fear, be the result."
[To be
,cori:inued.]

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