Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-30

1rohens;ve il has long been conceded
hat citizens Of the State upon which the
,,de arc liable to BE- surrendered: as wen "s :
no Stat making the demand, and It IS infher &C.
49, a. .c,lcd tha, the discretion Of the executive
mo the demand is unlimited, while the cA'c"tf
mon whom il Is made has no e@al right TO refuse com
niiancc if the offence CHARGED is an act oil usas'"
iuny or other crime within the meaning :, - -,
stltu,icn Can any State at itS pleasure H. hn il
to be treason felony other crime, anu .hoS
within the Constitutional provision: co''less rl
such does not seem to me the proper c"iis'' @ al
the Constitution After due consideration, ,cts
opinion that the provision apP,,ss 49,! ian Of The
which, If committed within thc Jufssui' uo I'D hc
STATE in which the person accused IS iouio' "o"u
,a,son,h Grlon;ous or criminal, by The laws OF thi'
State" ,.;d.ri,r
The correspondence which we are ho" 80 -
furnishes evidence that the Governor OF Tie Sta" "
r,r rorL ! m able man. and We do not coislde, s."
any rcproach TO him, that he - not pcI!cc''
with The decisions Of The supreme ccutt ., NO 70. 49,
u,on questions of constitutional law Dut y =
az regrc that me did not before affirming 50 Important
" esnoton as tnot contained in the last sentence
above quoted consul, with his altornc; general. ~"
he done So he must have learnt from nun 'h't -,
irene cour, Of Nr York had pronounced G'"e'e"'
decision i'll ClarkS case rro,.-
The Governor OF .Nt,c York proceeds as ''it"N :.
al d M. ra.ion the constitutional right OF Staic 20
max. sucb ueua code as il shall deem necessary 81
cxpedent nor do claim that citizens o! "h",''i 80
shall BIZ exempted from arrest, trIai IN" '''ls.l.
the State adopting such c"Ge; ''!"'''' 80" o,,,
,nactmrnts NAV be from those EXISTING ~ ul''t ."
STATE The truc question IS. whether the STATE %
which they are citizens i; under constitutions! Gpt
cation to surrender t. citizens To he caffe" - ~
tended Stale and there tired Tor offences u'''''""
the laws of their State. believe INC fient " "
{ maud and the reciprocal obligation 10 surrender i.
tiycs from Justice, between sovereign anu huc
nations as defined by the aw Of nations, ihcitucS ON!
those cases in which the acts constituting Tue ohrn''
charged recognized by the universal "a" Oh al
vilized countries ,
6 Chancellor Kent has expressed the opinion, 'hal
those crimes (Which strike deeply a. the rights OF pro
pcry and arc inconsistent with the safety ana hari'o
Of commercial intercourse, come withn Inc @ rs lie
be PREVENTS! aaEHHly II larceny may be committed
aid The fugitive protected, why not compound larceny
us burglary and robbcry-and why not forgery ana ar,
; son! They all equally nyasions OF the rights oil
propcrty" This language is used by the chancellor
when discussing the propricty ot delivering up one
d charged with having committed thci' ~ q i''7
State And All can see, that il applies with increased
= force to crime which strikes deeply at The rights o.
= uropcrlg i'm the South inconsistent with the Marine"
nv of intercourse between citizens Of the Northern anu
), Southern States, and tends 10 impair the pcrHlae'
Il Of the Union and the safety of The General Govern
- ment Such a crime comes within the mtsciici ""ci
80 the Constitution of the United States designed TO pre-
:, vent, and the remedy should be extended To u Nh'!
n the terms that are employed ahnndanty su'lce"
~ to embrace It. :,
a
j cudcs only those cases in which The acts cons''nth
the offence charged recognized by the universal law
= OF all civilized countries, proceeds as follows;
j II hnk is also well understood, that The obccf
the constitutional provision in question: was TO rcc"9
h. MIC and establish this principle in the mutual rotation
ii of the States independent, equal and sovereign con"
III muntcs As they could form no treaties between heh
~ selves il was necessarily cngract N the CGnSttu'oi
re- cannot doubt that this construction Just SN i
h. " would be very imperfect: secured III al. country
10 whose government bound 10 surrender lis citizens
on be tried and condemned in foreign Jurisdiction, 10
he acts not prohibited by ills own laws In" PHnc'p",
Lo adopted would virtually extend the legislation "i
III State beyond lis territory and over the citizens
Il, another State and acts which the policy and habits
enc State may lead lis legislature 10 punish rlon.
no must be considered Of thai hrinous character ~ an
IL Their Stale for certain purposes, whsle Ter ali oh
id purposes they would be regarded only violations
MI moral law In some Of the States of the mon, ad
ar tory is made felony: in another, the bc.:g the 4
Their OF al, iI!cgiiimatc child is made crime; ard
no another marriage without license Or other ora
,je is penal To admit the principle that violations OF the
Ia, and similar laws which III their character mere M
nor nicipa regulations adapted TO the policy OF paIc
ION community, icouics and crimes, witiIn U
us meaning Of liz: Constitution, would involve the m"
,rE serious consequences, by imposing Obligations when
to would be impossible 10 execute. IL - evident ihe
,bel nus, be some limit 10 The description OF crimes nc'
l,v the Constitution; and that which have applied
hat this instance to me- 10 give tu!i and lar see"
nj to Tie provision, and al the same time preserve
rrt Of uS,Vr Legislation 10 each STATE over ~
ted sons conrsscdy within is jurisdiction, while Il p
or that harmony which is 80 essential To our G'
bv al interest"
,dc 1t must in candor be acknaw'Gto3 DISSERTATIONS
re- that there difficulty in holding the term crime, in
lies Constitutions as SYNONYMOUS with offence. Bat The
lie is no difficulty all III establishing that when the
liIe vernon of itc York takes the ground that he will
ner deliver up person charged in another State witt
the crime unless the fact charged be recognized an
my fence by the laws Of all civilized countries, and wou
CH,,,,Y
the the laws of that State, he takes ground which is who
crs un!enabIc according the decision II the SUPPER
ron court of his STATE in curtis aud sets ~
ion new principle, entirely different from that which "
au- acted on by his predecessor, Gov. lhro0D.
BY tho laws Of ljrgjHiu, if any officer OF p!!;
the trust in the commonwealth, any officer director
The any bank chartered by the commonwealth shall cmbr
lily zlc rauducntly convert TO his use, any sum Of
are ney, bank note, BILL check, bond other security
the facility placed under his care or mana cement ny writ
not Of his office, place. the person offending is gull
her of felony and upon conviction thereof, is to be 50
the fenced to Imprisonment in the public jail and pcnte
ncr tary house, for not less than three No
BON than ten years Sess acts. !-421 p. 10, Oh ~,
hat 2. Though the act thus made felony BY the laws
iir.iRio, by The common law Of EagiGad only
~t breach of trust and not punishable" crImnaly r>
the charged in iir@jG with this offence, who shonld Il
20. from justice and he lord in another state would,
rit cordng 10 Gcvcr:Irr Ikroop and he srprcmr court
cts Nc,r York be delivered up 'o tic State having jar
lit jicti"n OF the crime. But, according Govern
d. Serard the fact charged not being recognized Is
her crime by the universal law o! all civilized coun;r'
ion there would be surrender. We have hesitate
ate in declaring, that it TO il would be Vi"
ull ton of the Federal Constitution not 10 make the So
the render in such n
"Howcver the point may be, says Mr. Justice Sor
'as to foreign nations it cannot be questioned that it
ro- of vital importance 10 the public administration of RI
dit mnal Justice and the security of the respective Stat
ch that criminals who have committed crimes th'rci
re- should not find asylum in other States but shou
Try be surrendered up for ria! an1 punishment Il IS
to power most aa!uary in its general operation, by d
cd couragng crimes and cutting off the chances Of cscG
from punishment. 1t VIII promote harmony ani! nD
feeling among The States; and ii will increase TIE 2
neral "i Tie blessings Of the national COVER
mcnt. 1t vii! moreover give strength 10 gra; NOR
lu duty, which neighbUring States especially to
other, by ecvating the policy of the mutual supprc
les sion of crimes into legal obligation. Hitherto ii Ii
he proved useful in practice ii unexccptionabe
its charactcr.''t