Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-07-19
From The Albany Daily Advertiser.


WINTER me right of the Governor OF any
ota'e 10 demand from. or deliver up 10
!ore'gn governments fugnives from Justice,
became subjec, of frequent dlscuss,on.--
Inc opinions elic'ed IN the course Of the
argument were various and conHlc,ino.-.
BY come it was conie nded that this rIpht
must OF necessity belong TO The Chief Ma
g'strate Of the State from which tbe
felon had fled, or thin which he had
sought to screen himself from the pursuit
OF justice. 1t was argued by others that
as the General Government was the sole
organ OF communication with foreign pow-
ers known TO our laws. That Government
only could make or receive acquisitions for
'ugIflves from justice. While a third party
INSISTED hat as this was a matter for treaty.
slpulatons, and as there were none in
'otce between this country and Great Brit.
ian, TINS right, as between these two coun.
tres, was vested nowhere. Our own be-
l'e', heretofore expressed, was that, treaty.
or no treaty, our existence az a ma, ion i'm.
Piled The existence Of his right somewhere:
and that from The very nature of our Gov.
eminent. it must be vested, not in the
Executives OF the several States. but in The
Y
known that reqUi,i'lon was made. some
months since. by Sir George Arthur upon
the governor OF Vermont. for the delivery
OF an Ind'vldnal who had committed murder
wl'h'n the Canadian Provinces, and had
thence fled TO Vermont. Gov. JpDlson
having first referred The matter to the
General Government. and received for an
swer that, IN The absence Of any positive
regulations, either bv treaty or act of Con
gress on This particular subject. The Presi.
dent declined interfering. acceded TO ire
demand Of SIR George Arthur, and issued
warrant for The delivery Of the fugitive
'"'he Canadian au'horl's. Al this stage
"i the business. however, a wrn oi Habpas
Corpus arrested further proce"dnp until
b" aulh"rny of the Executive to deliver
M a fugitive TO a foreign Government
could bn settled ~ a court Of law. The
final issue of this matter Is not W., known.
An application has since been mad" To Gov.
Seward for reqursrlon upon SIR George
Arthur for the delivery Of Hugh Tracy,
who committed robbery in me c,ty of
Buffalo IN Nav last, and immediately there.
alter lid TO Toronto with The Stolen prop.
ery IN his possession. To his application
Gov. Seward returned an answer. q copy
OF which las The subject Is one Of general
lnterestl we have solicited and now submit
10 our readers.
ALBANY. May 2Orh, 1899.
HENRY w. RoGERs, E-q District A,lor-
ney of Erie county. Buffalo
Dear Sir.-I have received your com.
muncalon Of The l6 h instant, REQUESTING
me TO make arequIstlon upon hi ExceIlen.
cy Sir George Arthur, Lieutenant Cover.
nor of the Province of Upper Canada, for
the delivery of Hugh Tracyto the end that
he may be brought TO his State to be tried
for felony committed within this State.
The law OF nations recognizes the mutu.
al rights OF States TO demand the surrender
OF fugllves from justice. The regulation
OF these, however, is proper subject for
treaties, and the refusal of a Slate to com.
ply with such q requisition IN a reasonable
| case Is just cause for war. The RICH, 10
demand and The obligation to surrender are
reciprocal. ! am satisfied that the authorl.
y necessary to The exercise Of this right.
rests with the General Government. and
not with the Governments of The s,a,es.-
The Constitution devolves upon the Gene
raj Government the care of foreign rela.
| tons. That Government has he sole pow
er to make treaties with foreign SAFES. and
The right TO declare war and conclude
peace. II thus possesses the power TO es-
labllsh regulations for the exercise of this
important right. and to enforce compliance
with It's requsltlons when unreasonably
refused by other States, while the State
Governments have no power to establish
general regulations and no means to en-
force their requistions.
Application was made TO me in a case
similar to that now presented for a requi.
sltlon upon the Lieut.. Governor Of Upper
Canada, for the delivery of a person charg-
ed with felony committed in this Stale.
] considered it nv duty to refer the apple
cent TO the General Government. The
answer Of the Secretary of State was in
substance, that inasmuch as Congress had
not passed any law on the subject, and
there was no provision by treaty 10 relation
to it, the General Government had declined
to act upon such applications. The view
Of The subject taken by The General Gov.
eminent, has served only 20 convince me
hat the ground had assumed was correct.
1t the right could be exercised by the Gen.
eral Government, provided it's exercise
should be regulated by law of Congress or
by treaty, the jurisdiction belongs to that
Government and not to those Of The State;
and the Genera Government could not
exercise It without the previous passage of
a law of Congress or the intervention of
treaty, The Safe Governments, even If adj
mltled to DIVIDE the responsibility with the
General Government. could not exercise
the power without a similar law or the in.
tervenlion Of a treaty.
! can imagine no circumstance which
would more seriously embarrass the Gene-
raj Government in it's conduct ofthe foreign
relations ofthe country, and more certainly