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


consideration. This decision was assailed in Con
gress for its supposed interference with the Iudcia
ry: and the celebrated argument Of Marshall, after
wards Ch Justice, was chiefly intended to show
That II was an executive power. From some gen
eral remarks Of his, have drawn the Inference
that he intended to assert that this executive power
was vested exclusively in the President of the u
States: but this is violent and unauthorized in
ference. He was discussing the question whether
The power was judicial or executive, aud on that
point his argument is conclusive but the subject
ana not lead him 10 examine the power Of the states,
and nothing is said on that point.
| About the same time, Tichenor, then Governor
OF Vermont, surrendered felon by the name Of
Grigg, and his decision was formally approved by
| the Legislature of Vermont. This may be cons id
cred as decisive authority that the power was
claimed DIS belonging TO The state, as well as to the
general government, TO be esevcsed by either
according 10 circumstances and sound discretion.
Since that time, few cases have occurred in The
general government, but no cases are known of a
| refusal Polari, who stole the Jewels, was surren.
dered under stipulation as 10 the extent OF his
punishment. This however was but larceny, and
| u the stipulation was allowable, it arose from a
supposed difference in the mode of punishment be.
| tween The Two countries. The usage has been
| more common between the Canadas and The adjon.
ing states Of Vermont and N. York. IN this state
| many instances have occurred, and many feons
surrendered and punished /; The Frenchman who
shot boy at Swanton, and Fisher, are prominent
ones. Gov. Butler ordered the surrender of fell
on but he was not found The demand has
frequently been made by us; and it is believed that
| no instance has occurred ola refusal, where there
was sufficient evidence of guilt; and the frank
| manner in which the Canadian authorities have
met the subject, should impress upon us the propri
ETY. OF reciprocating when occasion offers.
Having thus shown the clear provisions Of the
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common law, and the uninterrupted usage that has
prevailed, can any argument be necessary enforce
the obligations they impose? The laws of nations
| are recognized, and their binding force admitted by
| all nations claiming to he civilized, whether chris.
tan, mahomedan, or pagan. Their force is not
limited to The states ofpollshed Europe; but on the
shores olthe Bosphorus, and the banks of the Gan
ges, is felt and admitted. Nay, Algiers will not
wholly repudiate them: and can it be necessary
TO inquire whether the Americans admit them =
denial of our obligation would be voluntary
exclusion Of ourselves from the social family of ma.
lions. 1t would be formal declaration Of war
against the world, and all civilized nations would
he justified in making common cause against us, and
hunting us as enemies.
The laws Of nations, in point of dignity, trans.
cend all state enactmenls. They are the ordinan.
ces of what may be termed the supreme power Of
na,ions-are intended to operate upon the race
and have for their object, the promotion Of happi.
ness every where. They are not limited TO the
narrow circle Of states or empires, but embrace
within their jurisdiction the broad circuit OF the
world.
There is something sublime in the thought that
the civilized world is acting in concert under the
influence Of general law, for the improvement and
happiness of the race. Time has been when men
denied their obligation, and the gloom of thick
darkness Overshadowed them but brighter tay |
has arisen-Ihe darkness is past; and the world is |
once more covered in light
From the nature OF men, as social beings
intercourse with each other is indspen
sable, and is indeed one Of the chief ins,ru.
ments OF their Improvement and happiness.
rms intercourse Is as necessary TO states
as to individuals, and in order TO be produc.
tive of all the good Of which it is capable,
mus: be regulated by general rules; and
hence the origin OF the laws Of nations -
They have their foundation in the nature
of man, are required for his protection and
happiness, aud cannot be repealed nor linn
tied without doing violence to his best
interest. AS individuals entering com.
munty, are bound by the laws of tina
community, so states on entering the com
munlty of nations are bound by their laws,
which, by common consent have been
adopted for the regulation of that commu
nifty of nations.
1t we claim to be a component part Of
the civilized national family, We thereby
admit our obligation to obey its laws and
ordinances. A decent self respect forbids |
that any doubt should be entertained on
that point. We claim To be a civilized
nation, and while we demand the rights and
lmmunltes of the national code, we mus,
be careful to obey its injunctloDs.
Governments are but assemblapes of
individuals. acting in concert for the com |
mon good, and the laws Of nature binding |
on men as individuals, are transferred to |
states and binding on them. Laws of
nations are to states what the obligations |
OF common honesty are to individuals. -
individuals are ready TO admit their obliga.
lions IN their intercourse with each other:
and IT there be any difference in degree, |
they are more necessary TO states on |
account of the more terrible consequences
resulting from their refusal.
II any apology is necessary for thus
dwelling on topic that should be held self
evident, it must be found in that clamorous
spirit that demands reason for the time.
hallowed observances of nations. Usapes
founded IN the hig hest antiquity, are to BIO
abrogated by the doubts of reckless rncc
OF self'styled reformers. Laws founded in
the consent OF nations are to be set aside
at the will of individuals. 1t is not too
much to say that tho institutions OF our
country are endangered by a bold spirit of
innovation. We claim to be nation ruled
oy laws, and are yet gravely debating the
question whether the laws OF nations have
any binding force upon US. Whether we
owe any allegiance to those laws which by
common consent Of nations, have been
civilized world.
AS an American citizen, | rejoice that
we are Tree from rcproach for violations of
national law. ! am aware that some,
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