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

f: Il, " nat crimes the doctrine OF surrender is be
"a Some wouldaPPiy ii to al! eritnrs, to hose
'ns, tn, SAFE. oil deep a;r"" Y; which Of Ina,
"S.,e,sr: Tue New York = ,srm'.y consider snpI,
t..ny or any cri,u, punishable in their State PRISM
nr,p,r to surrender tor and have enacrd according
I TN. l,c: of I1.4. between the United Sta:es ami
:,.,; B-:iarm, confines it 10 murder and !nrrerv
recover, l., the expense attending The case in tn
,Iv Just cited. ii Is provided that Tie p:wcr making
.,, C.uia.lc Hiiii pay H.
Finally vision eau hc made to the cnrh IF tim
:, wa!an party IL be ain"o as Is pr,v,dl in liz:
- Of Congress in relation to ug.tvrs from Justice from
g.. srreIa States
lie, US now examine The views Of our own Govern
ut this poial-Mr. Jefferson, in tho letter already
.ecd 10, ~ which he Is writing tu the President
~. subject Of request from the Government of South
taaaa. ths, demand shuld be made upon the Gro
,or o. Florida, for the drvrry nf some iutivrs saws
l.r laws o! the United STATES, like those Of Ennaiid
r. very fugitive, (tlt is, As h. had ;s. h.n:e cx.
r>Srd H. Inc most atTaciouS Offenders as well as .h
.nnocent vc,ins,} and no authority has been given
,,npr Executives 10 deliver them up lie states fur.
Tar, that the French Government had been anxious
mike Convention with US, authorizing them to de-
rud their subjects Coming here; that l., the Consular
l1rntion, DR.. franklin agreed to an article riyiny II.
C"nSuis right TO take aud send back captains of
U.s. IS :naFia-rs, and passengers Congress refused to
!li:r It, until the word passengers stricken
liz goes on 10 say, in fact, however desirable il b., that
=: perpetrators "f crimes, acknowledged to be such
al mankind should t. del rr-ed mp punishment
,r; :; is extremely difficult draw the line between
nos. aud ac:sr l.red criminal BY tyrannica, only
nc the FIRST step always Is, Convention defining TIC
,..:> where surrender shall take place.
III! then, The United Stals The continues could not
.ayrr up 10 Governor Quesnlda, fugitive from the
,ss ofhs c"unlry: we Cannot claim. right the de-
,y o! iug tveS from and is worthy Of consiera-
: WHITTIER the demand proposed To be made in Gov
i.ncaney litter, should 1t pe complied with by the
NIKE! party might not commit dsugreeabv, perhaps
7nacra5ly,iu event; for do not think, tha, We cat,
IKE for granted, that the Legislature Of the United
..es will establish Convention for the mutual trli-
Wv o fusitires; aud without reasonable certainty
"a: hcy wil!.i THINK ought not to give Governor
,3s.nada any grounds tn cxct that in similar case
-. would deliver fu,itives from his Government
Tn the l2;h Sept 1913, Mr.. jefferson thus writes to
teatt the French Minister, in a demand tha,
h, aid made Tor The delivery of fugilivcs:
The laws at this country take nocc Of crimes !
,.na.tteu Of their jurisdiction The utroci"rs
rs-njc Coming within their pale. is received by them Us
\, aaoce,i, and they hive authorised n Que l.,
..zs .. deliver him. The evil Of protecting mactaclu.s
cy.:y dye Is srnslbv FELT here, in other countries
. uHt reformation of tie criminal codes nj mos;
rs. 10 deliver ugitivcs from them, would be- to be.
IN. ,. accr.np!ces. The iori'r. therefore, is view.
r Is the Jesse! evil He goes say that unless they
y, w,..la ne Consular Convention person ia thu.
caa.T9 is auth .S"d 10 deliver timm but the cnn
;.;; they under the protection Of !,r laws &c. In
=: coarse OF tine mex: wear ii7si) The Brr,iSh treaty
s jaG- the twenty seventh asicie Of which, al.radv
;.--sd 20. provided Tor this subject.
iAc: we'll BY the authoritative declarations IS BIZ
:cs,t> OF government, the principle has been
r,',.i ~ The world that the United States acknow |
:- obligation to surrender tuyitiyeS except by viz
tire: some treaty stipulation.
i:sitcs the reasons common tn us, with ether nations
act recommend the justice and utility OF this duo trnc.
w. a.rc strung arising from the spirit Of ns-
;ois aat the provisions of n. Federal Constitution.
t. trr example. take G.o;iuS As our rule.
fine which he en'pha,icaliy Considers most
a-nr surrender, is treason, or he expresses ii, O.
-r.s a-l:nSt the State.
Now iel u> see what would be the practical effect at
49,. ~,
Il AN, British horn subject, who had previously em
.-i:.i = the United StleS. had been found fighting
7.nkS. solder. in Canada, and upon his return
..n. hui ben demanded by the British Government
,cr Pr ncpic Of perpetual allegiance he still
":t and had IN ii:tei re np;n hs principle
Oh, Grr.InS must have surrendered hn, because he
IN ao"H,:ed, according to tE,rr laws, crisIe against
STATE.
'u; I. aaohar c1se.-Srp?o5r, That in The struggle !
sn:g in Txas American citizen ("f whom
- nave mamyl should bc found fighting against the |
.@'h''jty Of Santa Anna, and upon his return home
s2E;i be demanded Here, too according tn the rule
a. GouS. must deliver him, because he mad
I'D crime Of Suite. against the presen. Government
rr,": and il is tiled prinr pie will, that we
- 1i%avs % t'kr the present existing Government
'a, the one ioT the time being 10 he respected
.e 'ivvrEunen;. Can any f.. Il suppose. !
-. II either Of tn" here put. our G v"rn;ncns
Hi Surrender: Surely not In the case IN Canat7:
Chef Justice saws that Of this S"r, cannat be
;n' precedent because the authority of the State
:.:. rather than deliver him up his &c
,apparcnt, tia: this IS violation of GrotuSs
For here is crime nf State committed against
=" Government de firth; one which, if successful, IS
BY the Of voiutrn; II otherwise. degraded
s;:e rlHt,sl Of; rebellion: and all engaged in it called |
.s..vrs
"a attention some 81 thu provisions Of Cons- !
'',a Will think. or,y this doctrine. |
ac lad clause of the 2nd Of the iih article pro-
,s tat person charged in any Slate wiki treason.
'nt ether cti.ie 40 shall flee from justice, and !
'nHd in another Stale shall, de,and "t the Exc
O.. c"auhpry Of the Sia;c from which he fed he de-
tgtd up o. removed the State having Jurisdiction
u. rr.Gr. The sub. C: of furvrs from Justice
''H' II III" minds of the Convention, and they |
;''ird IT. delivery OF fngitivrs from the States
D.: ne Union. II may perhaps be fairly said, that
= u" Constitution made for the Safes, and !
i'c'p" "a. the Safes, it had relation IN its ma
80 - Foreigners: Be j. sa but the principle as.
2 &. ''inrrS Us /" deliver up citizens wrlias aliens
II ""S a>Hc, As 10 citizens, it property within the
'""o' constitutional provision; and according 10 my
frr. provision IS made in the constitution, which, al
IGN docs not mcatipn it by maine. etnhracrs the
*h'" subject, both To citizens and al! others within
10; lnFiSd c"n: and puts it within the contr", Of de-
i'.'rt 81 tie government. II is The CLAUSE creating
- 'ay-'aSnE power: and the reasoning staadS thus
Constitution hav!n, given the President and So
J.. me 7gA 10 make treaties, without limitation III
''s there Is other Limitation but their discretion.
'N' That ths treaty shall the Constr
rn, "r i'vanc III" ri ;lts os other departments.
Lac ra;"us prnvss securing 10 every person charg-
I'd "h crime trial b. jury, the right to be confronted
"s witnesses, the privilege of not being obliged TO DC
"ness Hgains, hns H. also in my opinion have an i'm
.F"n. o'a'ing upon this subject 1t may be said, that
Wis Intended TO apply /" crimes against the United
SITES but think t:e spirit Of them should make the
,r'EinsSn- power extremely cautious tn trea-
S'pu'ail"ns for surrrndrrng people to govern
"e'' where these privileges do exist; but where
IKE Is no treaty. they should. in my opinion be dcc-
I'VE against surrender III the exercise Of discretion,
even 'he law OF naii"ns created imperfect obligation
%!'"u' treaty s,ipuIaton ! of opinion them that
'I government "fthc United States not under any
!a''n t" deliver Inc prisoner, in the absence of any
i;ray Stipulation