Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-12-08

rec itv
DC ensured IN Tits way alone cvttamiy br ascrr
tanned I" what crimes t.c Soctss.sr OF .rrru !. t b
applied me vcald apply IL e. all crias some to those
against 's slate or OF deep atroiy, which are of that
character: The New Yoxk Assembly con-;d.r si,,nl
arcrny Or any crimc, Punishable tici. State prison
as proper 10 surrvwf for and have enacted ACCORDING
~. lhr lreay o i7s4 bct's,-,a the Uurd States aud
Great Britain. c'nfsss i 20 ms,J-r aud forgery
Moreover, as Go tAe Pccsc attending the in The
treaty just cited, is rr,SScd that the power ,,akin
the demand shall pay H.
Finally, provision be- made MS TO The leny,b or tim,
ipr which party Is t. be dctsineo il provided i'm the
ac OF Congress M relation 10 fugtvcs from justice from
Let Us row exaosisc the views of our own Govern
inent on this eointr Jefferson in tho letter
reiered TO, IN which he is writing the President on
inc SUBJECT OF request from the Government of South
Carolina tkat demand should b- made upon the Co.
vernon OF florida, for the delivery of some flvs s,vs
The laws Of the United States, like those Of Enga1d
rec I'VE every Fugitive h1t is, he had Just before rx
pressed IT, the most atrocious offenders as well as th
most innocent victims and authority has been given
TO our Executives To deliver them I'M He st,,.s fur
ther that the French Government had been an 10
To make Convention with us, authorizing them to de-
manu- ,neir subjects coming here; that il, the Consular
NonVehon Dr. franklin agreed article giyiuo ia
Their Consus right to take and send b,ck c,1ains of
vessels mariners and passengers Congress refused 10
lie goes on to say in fact, however desirable il be- that
ne perpetrators ct crimes, acknowledged be such
ny al mankind, should be delivered up to punishment
yet II is extremely difficult draw the line between
ose and scsr nlered criminal by tyrannca rvs only
cases where a surrender shall take place
III then, the United States, (,e continues could M,
deliver mp to Governor Quesnada, fugitive from The
Jaws OF ms country, we cannot claim, right the de-
livery OF ug'uvcs from and is worthy
iion neither the demand proposed made in Gov
fihckney's letter, should 1t be complied with bv th
other party, might not commit dsagrceably perhans
dishonorably, in event; for do not think hat wo
ake 'or granted That the Legislature of the United
states VIII establish Convention the mutual deli
very OF fugitives; and without reasonable c.r,a,,y
That they will, think ought to give Governor
we would re deliver lugitives from his Government"
On the 18th Sept 1913, Mr.. jefferson thus writes to
Genet the French Minister, in demand tia,
he had made for the delivery of fugiiives:
The laws of this country take notice of crimes
cn.nh,'ea out oil their Jurisdiction, The arocous
offender coming within their PALE is received by them as
an innocent man and they have authorised no one 10
seze or deliver him The evil of protecting
OF every dye Is sensiby felt here in other countries
but until reformation of criminal codes of most
TONS to deliver ingitives from them would be- to be.
come their accompices The former therefore is view
ed rs the lesser evil lie goes TO say that unless tbev
come within the Consular Convention no person in this
country is authorised 10 deliver them: i'm, nm The 60
tr'ry they are under the protection the laws &c In
the course OF the next year, U794 the British treaty
was made the twenty article of which, already
referred TO, provided for this subject
Thus, as well by the authoritative declarations as bv
inc acts OF Our Government the principle has been
nounced to the world, that the United States acknow
edge no obligation to surrender fugves except by vr
tue OF some treaty stipulation
BESIDES the reasons common To us, with other nations
whch recommend the justice and utility of this doctrine
we have strong ones arising from the spirit of our inst
tuions and the provisions Of the Federal Constitution
III, Tor example, we to take Grous M our rule
ue ofence which he emphacay considers as most re-
curing surrender treason or as he expresses il of
fences against the State. -
Now, let US what would be the practical effect of
n's suppose, that during the late war with Great
Britain, British born subject who had nrevonslv o,;
grated to the United States had been found 6ghi;ng IN
our ranks, soldier in Canada and upon his return
nome had been demanded by the British Government
on .heir principle OF perpetual allegiance he was still
subject and had committed treason upon the nrncnIe
oil Grotius we must have surrendered him. because he
the State - ~ against
ietus put rca'e-suppose, that the struggle
We sV's On IN le@as an American citizen (nf whom
we nave many should be found fighting against the
authority OF Santa Anna, and upon his return home
90 oe demanded Here, too according the rule
OF 1rotius, we must deliver him, because ne had com
United crime of State, against the present
asJaee"' and settled principle with u.s. that we
1lc always TO take the present existing Government
dc tacto as the for the time being TO be
INC Government; Can any for a nome Mt suppose |
mat IN either OF the here put our Government
would surrender? Surely not. In the cnse in Canada
the Chief Justice that of this sort cannot be
drawn into precedent because the authority Of the ,a,e
TO which the accused has fled may well be extended IN
protect rather than deliver him up to his accusers SC
pu not apparent that this is violation of Grotiuss
rne For here is crime of State committed agoins,
The Government de facto; one which if successful 10 |
oy the name Of if otherwise degraded
traitors. " - S"
attention to some Of the provisions of our Consti
tuition viii, Il think, forfy this doctrine 800
The 2nd clause of the End Sec of the 9TH article nro
vdes that person charged in any State with treason
,eiony OF other crime who shall flee from Justice and
DC ound IN another Sate shall on demand of IN. Eye
GuIye authority of the State from which he fed be de-
yeed up to be removed to the State having jurisdiction
~ lne crime Inc subject of fugtves from Justice was
uus IN the minds OF the Convention and they |
provided Tor delivery of fugitiycs from the States
OF the Union IL may perhaps be fairly said, that
as the Constitution made for the STATES and |
he feoPle OF the States, it had no relation in 10 ma
ture 10 foreigners; BE IL so; but the nrinc;ol. no
Sunee requires us to deliver up citizens as well as aliens
IN iS aspect as TO citizens il properly within .
sooP oi constitutional provision; and according TO NV
Vew' provision IS made in the constitution which oI
though IL does not mention 10y name embraces The
"hoie SUBJECT both as to citizens and all others v;
OUT jurisdiction, and puts il within the control rs do
partmen o the government IT is the clause creatr
te treaty making power; and the reasoning tbus
we constitution having given to The President and Se
ne tue hgnt 10 make treaties, without limitation in
WORDS there is no other limitation but their discreto
except that the treaty shall not contrayene The Cns,
'il"h' OF invade The rights of other departments
ne various provisions, securing To every person
" tn crime, trial by jury, the right To be confronted
Wy rvs Witnesses the privilege Of not being Obliged to be
"Wsss against hImst IT, also in my opinion have an i'm
Po'"e oea'ihg upon tins subject Ii may be- said that
states but think the spirit of them should mali AL
eaymakIng power extremely cautious even "a lo ,rea
" s.PuIations Tor surrenderDg our peope IN ,,,ar,
lneht where these privileges not exist: hps ohsr
mere rs no treaty they should in my opinion be- deci
e'e agnst surrender, IN the exercise Of discretion
'ne law OF nations created imperfect OBLIGATION
without treaty stipulation. am of oviniop tbey ,ai
inc government Of the United States are not nnd1 ans
"ogauon TO deliver the prisoner in the absence of any
treaty stipulation. ~ " ""y
nc second question is whether the Judicial r
we ohed states have any authority TO act in relation
10 " aeIhaps the conclusion which have arrived
on the hrst point might render discussion of the oer
unnecessary out az IT was argued, and has been consi.
dercd aud as may have fallen into error on he e.,
re- hrigf yr