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

competent powers; but if treaty
can create power not before pos
scssed, it will be an easy mode OF
obtaining it.
The same remarks may be ap.
piled to the subject of legislation.
Congress may make laws regulating
the exercise of the powers granted;
but no legislation can of itself ere
ate the power. Congress have lie
gislated relative to the surrender of
fugitives between the states of the
Union, and from the fact that they
+ have omitted all legislation in other
cases, the inference may fairly be
drawn, either that they considered
they had not the power, or that The
provision of the law of nations was
sufficient.
BY the constitution, treaties are
declared to be the supreme law of
the land. The power Of surrender
ing felons being a sovereign power,
and necessarily residing in the pco-
pie, it was competent for the peo-
PIE of all the states to provide for
it. A treaty being supreme law,
t. is necessarily a declaratory law
by the authority of the people and
; hence, during the existence of the
treaty of nincty-lour, it might we'll
be said, the people had legislated on
e the subject. That treaty provided
A that fugitives should be surrender
L. ed, but was silent as to the mode.
=, 1t declared the duty, and thus far
. was merely declaratory Of the law
|. of nations. 1t was a record admis-
c sion of the duty, but left the dis
's charge of it as it was before, to
'e those who had the competent pow
. er. If it be thought from the tenor
u of the eth article, that this is an
u undertaking that the United States
u will deliver, it only proves that the
y duty is cumulative, but takes away
i. no previous power in the states.
e The duty required is an execu-
T. tive duty, and from its nature can
IS only be performed by the Governor
Is of the State. There being no le-
'e gislative enactment prescribing the
N manner, it becomes the duty of the
:, executive to act in the name of the
,. State. 1t is and must be SO in all
Of cases where there is a duty resting
l. on the state, and no other mode of
g. performance is pointed out. Let no
4 one imagine there is the least diff
= Guilty in the matter. The case can
o' be stated in few words, and render
C ed Ineligible. The provisions of
- the laws of nations are binding as
$ any other laws, and it is the duty
d of the Governor to execute them in
the same manner and form as he
u would statute law. The duty,
e then is the same as if it stood enact
q ed on the statute book, cit shall be
e the duty Of the State to surrender iu-
o gitive telons, on executive demand,
n on satisfactory proof Of guilt" In
d such a case there could be no room
v for doubt; the duty being declared,
y must necessarily be performed; and
:, no mode being specified, it would
II be the duty of the executive to see
# this law faithfully executed. So
: far as it regarded the United States,
e this was the precise case under the
J. treaty, and in that case it was held
II to be an executive duty. 1t must
q be SO, for clearly it is not a judicial
e duty, and there can be no pretence
is that it is legislative duty, for the
y Legislature can only act through the
re Intervention Of others.
y In the const tuition OF the United
a States it is made the duty Of the
G President to take care that the laws
c. be faithfully executed, without des-
Of igna,ion as to the character of the
s. laws; and hence we must infer thai
l. all laws were intended which have
OF any binding force upon us. We
is cannot doubt that the laws of ma.
n tons are among them, as Congress:
ne are authorized to define and punsl
"a offences against the laws of nations
s. and the paragraph follows the de-
to claration that the President shall
Sc receive ambassadors and other pub
~ lie ministers-a matter wholly reg
ulated by the law of nations. Ou
u constitution has a like provision
OF and in almost the same words, leav
&c inW the subject omen for the eYncu