The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1839-02-12
From the W Y. american.
SURRENDER OF FUGITIVES

|
John Colborne has demanded of the Governor O
that State certain designated persons, who hav
taken refuge there, after commit ting arson il
Canada.
This demand raises question which il con
Germs the harmony and good understanding be
tween Great Britain and the United States 10 hay,
settled.
All parties will agree that it is alike for tn,
honor and interest of each nation, to sur
render crminals-other than political often
ders-who shall seek TO escape the penalty
oil their crime in one country by flying to the
other.
But this is only to he done in a lawful way
and by lawful authority, and as we apprehend
can only be done in virtue of special treaty stjp
ulations OF mutual obligation.
A loose, and in our Judgment, unauthorized
practice, has obtained in this State, and in Can.
ada, of mutually surrendering lugitives from
lustice-and it has been winked at, because, up
on the whole its operation was in favor of good
morals and the public security. But this is not
The footing upon which such practice should
be permitted TO stand. IT, therefore, it be, as we
think, it is desirable, that crime i'm this country
should not be encouraged by the possibility OF es-
cape to, and impunity in the British posses
sons, and Utce UerSa, the manner, the extent,
and limits of the remedy, should be matter OF
treaty stipulation between the two nations
AT present, we hold there is no lawful author
criminals TO a foreign government.
But were it Observation-Disclosures important
point is still to be settled; how and to whom is a
demand by foreign government to he address
ed? Plainly in our view 10 the President of the
United States.
According to the theory of the Constitution
the Federal Government has sole charge of and
responsibility for, all foreign affairs 1t alone
is known to foreign governments, who, for any
official purposes, can have no intercourse with
any one Of the States.
Ifthis be the sound constitution, il would fol-
low of course that the demands of Sir John Col
borne instead of being addressed to Gov Jenui-
son, should have been addressed through the
British Minister at Washington, to the Executive
of the United States.
II would then devolve upon him to ascertain
from Gov. Jennison the facts Of the case, and &C
cording to them, and to the authority that might
by law be vested in the President, due answer
10 make to the British Minister. 1t is no valid oh.
lection to this, to say that de!ay.would thereby
ne occasioned, and that in such cases--where
rebellion is imminent-delny in furnishing the
guilty is fatally injurious. The law must pre-.
9ail-In our county at any rate-and whatever
our anxiety to concur in the preservation or
punishment of crime, it must net be done at the
expense of the paramount law.
We hope, then, that Gov. Jennison, instead
If deciding himself upon the call of Sir John
Colborne, may remit il to the President, inform |
ng the British officers, as matter of courtesy, |
# his doing So, aud Of the motive for it. The |
whole matter would then he brought up in a
roper shape, and before the proper tribunals |
or discussion, and in the present temper of the ,
'ublc mind, alike in England aud America
when the considerate men of both countries
eel all the importance of preserving peace, and
t the same time, all the hazards which now
menace tit would, in all probability, be adius-
ed in way satisfactory 10 both.
We are awire that demands similar to that
I SIR John Cobcrne, have heretofore been made
n State Governors, and been entertained and
answered by them.-as in the case of the de- |
nand by Sir Francis Head upon Gov. Marcy
vt precedent does not make right, but rather
ggravates the difficulty of arriving at the true
We hope the present call mny take the course
ldicated in the above remarks, and that an end
lay be put to an irreg and authorized inter-
curse between Governors of States, and those
Foreign Colonies.