Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-04-19

necessarily implied, unless modified or
changed by some particular statute or trea. |
" stipulation. A statue recognition of the |
public national law would be M cyiraor
dinatv enu ctncnt, it would be The scvcrcs,
libel imaginable. and no nation has yet
been found 81 wanting in solt-respect as to
submit TO such degradation of themselves.
The punishment of crimes is one of the
clearest and first of duties. founded in the
highest necessity, that Of self.protcction,
aud resting on The authoritative command
Whose sheddeth mans blood, by man
sholI his blood be she'd" In the exercise OF
this duty. all ore bound to lend their aid
| according TO clrcumsances. II o felony is
committed IN view of n private individual,
| he Is bound TO arrest the feIoD, and if be
should neglect, would be liable to indict.
ment and punishment, not by virtue Of any
statute, but by the force of tho common
law. Private Individuals are required 10
arrest cfenders ,ohen present, ,ohcn The
felony is committed on pain Of fine and I'M
priSonment. They are also required to
arrest on reasonable suspicion that felony
has been committed, aud hold them for the
purpose Of trial. THIS is the doctrine of
Hawkins, Blackstone, Chitty, and others.
The same duty is incumbent on the state.
aud they are to arrest and try, or give up
for trial according to the ex,gency of the
case, and in both for the Same reason aud
the same object-seT protection. IN the
case of Bates, lately hung at Bennington.
the trial and execution were demanded
not go much that Bates deserved the pun.
lshmcnt-as that 1t was necessary as a
means of protection. Bates was no more
dangerous because the deed was commit
ted south Of latitude forty FIVE, but this fact
gave us jurisdiction of the offence, and au
,horlly not only to arrest, but to try, con
tdenn, and execute. Holmes is far more
dangerous man than Dates; be has gwen
more damniDg evidence Of hostility to the
race, and because the foul deed furnishing
the evidence Of depravlty was committed
north Of the line, does that dlvest Us Of all
power? 1t does not though the mode OF
exercising may be different, In this case,
not having jurisdiction Of the offence, we
cannot try him for it; but having jurlsdIc
,ion Of bis person, We are bound TO to arrest
and surrender him for trial by those who
have jurisdiction of the offence.
1t Is the voice, not only of Canada, but
Of Vermont, that demands protection against
a man who has outraged all law and waged
war against his fellow men, and shall we
say we have no power, that we cannot
strike down the arm red with human blood,
because he has no, yet put the knife to oar
own lhroats! There is horror in the
thought! Itihis idea can for one moment
be entertained, government is mere
mockery and its authority on idle dream.
would not add one pang unnecessarily,
, even to the guilty, but we cannot drive
from the mind the image Of the poor chill.
} drcn he has written latherless, aud there
is u power in the SIMPLE eloquence Of their
cry gice as back our father, that cannot BE-
resisted. But let us not deceive ourselves
we have deep interest N this matter
The poisoned cbace may be returned to
our own lips. Our friends may be murder
ed, the pistol presented 10 the breast Of a
townsmun may yet do the deed. aud the
telon seek refuge in Canada. Heretofore
they have answered every call 10 manner
, not only to gain respect, but confidence
But can we expect them to continue to act
lhuS noby il we decline! 1t must not be
better counses will lead to more cor
rec, result, and If there ever was case
demanding decision and energy, this is the
one. Interest, honor, and the hope o
doing good all join in urging the perform.
ance Of the duty now demanded and q
refusal is full Of dagger, leading to conse
quences which caDoot now be foreseen
i is demanded by what is due 20 American
, character! 1t is due as an act Of Justice If
retain for like tuvors SO cordially gran ed
it is required a. means OF alaylug feeling,
) already too much excited. 1t is called io
a. an instrument Of the good which ou
example may have upon the world, -four
national measures continue TO be guided b,
all adherence to justice and an Observance
OF national law, we confer benefit on The
world but if forge,ful OF these we refuse
, obedience TO tho sound and wholesom,
, rules established and admitted BY all civ,
zed nations we shall become a scourge an,
a curse. 1t Is not too much to saw, TINT til,
question now to be decided has an mpor
lanl bearing on national character and ol
$ he general welfare. If the record now t.
be made mp shall disclose denia Of nation
a obligation, we bring a stain upon our his
tory winch the tears Of comm: million
| can never wash oui.
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