Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-14

one government was bound by the law OF nations ana
iaalcpendet Of treaty, to surrender upon u'h""u
tivcs from Justice who having comnitted crimes W ~"
country Zee to another for shelter IL IS declared y s
nnc uris,s that er.rg statc toEnd 20 deny an asylum
70 and upon application and due examination
If tho case TO surrender the fugitive 10 the foreign
state ,ckere the crime was committed. ne ,'hS - 80
Tho authorities is clear and explicit, and inc ID" .
or nations rest en- the painest principles OF iusce
It duty the government 10 Surrender up
unou demand after the civil magistrate shail ha'e aS
,;nc The existence of reasonable ronadstor Me crs'
and sufficient 10 PIT thc accused upon MSf''H' '.s
IMAGE OF Chancellor kcmts seems I" support YIN H.
,;op mus, beg leave 10 nss; upon the "hoie Oh uie
anceIors opposition Of the subject Inc chccio
continues the discus ion by saying, the oi''y
in the absence of positive agreement cohs's ~ tb
the line between the classes OF offences ~ wiz. -,
ne nations does and to which It does not uPPy'
ucL AZ i * understood in practice to Apply ohiy 70
crimes of rreat atrocy or deeply affecting .ic pun
safety" In accordance with ,hahcci"i NJ 80
t;on arc the views presented by other Wr!'ctso VI se
,bor;iy Grotius admits that for some ages past tie
.ah, 81 dem,ndipr fugitive dcnquents has not been m
tn nm in most parts of Europe, except crimes
he State mr. those of very hcinous nature As of iessc
Gnlts they are connvcd at on both SIDES uh'ess
otherwise agreed by some par,icu tfea,y .ha
or;t mo 5er 10 say with all respect, that !, Is ,ie
To- r ,,;o,s'' as il is "undcrsood IN practice tha'
m oso seeking 70 ascertain, and that the dilcuity III
Tho nroscnt case is the very difficulty mentioned ny
Chancellor Kent The chancellor seems 70 ooiis'u
that the difficulty was removed ny u,i ~, u '
,tnre ne This State which defined the class OF offences
"a Which Gin practcc" the "usage of nations apples;
JIa GAYS sThc net of the Legislature OF New York OF
tho 9Th Of April 1922 CHI l4o gave facility 10 lhe sur
render of fua,yes by authorizing the governor IN ms
discretion on requsition from loreish g",eI ~
70 surrender up ngitivcs charged with murder,
~ larceny or other crimes which by the laws Oh ls
State were punishable by death, or imprisonment IN
the State prison; provided the evidence OF cf'miai'y
was sufficient by laws TO detan the party ior tria
4 adj, lint
question between Virginia and New ork growing out
OF difference IN the respective laws IL would pc u
reasonable TO expect you To admit the authority o le
legislature of this State But reference having been
-, J IN, yourself to the authority of Chancellor Kent
it will not be denied that the legislative exposition
adoptcd by the chancellor is entitled at least to Inc same
weight as the individual opinions OF the same learned
| author.
Having thus incidentally introduced this Legislative
exposition of the law Of nations, you will permit me to
saw that as an Executive officer of this State ] am
bound regard it with very great deierehce ana Tie
arp,neut must be conclusive which shall prevail upon
me 10 act opposition the principle OF IT'S provisions
The question under consideration, stated IN The Ian
puage OF Chancellor Kent, would be whether the crime
mentioned in your requison is crime oil great atfo
city or deeply affecting the public safety must re-
specifically insist that cannot as magistrate ana IN
case involving the liberty of citizens Of this State ad
NIT that act to be crime of this character, which the
laws of this State do not pronounce to be even CRIME
You observe in the place that ''the principle IS
greatly enlarged in it's application to those countries 81
tuaed each other and whose citizens are engaged
in constant negotiations frequent intercourse the one
with the other In such cases the duty oil each sove-
rern to restrain his subjects from interfering with those
of the other becomes ndspcnsaby necessary 10 secure
the blessings Of peace and 10 AVOID the cvis oil con-
slant state Of war understand you TO MAINTAIN thai
this usage of the law of nations applies TO every aci
which any State may choose 10 declare u criiIlc IL
follows that the State may enlarge the application oil
the usage at lis pleasure without reference TO the laws
Of the State whose citizens may become SUBJECTS OF "e-
nand without regard TO the atrocv dangerous len
cncy of the crime and without reference 1" the gene
raj sentiments Of mankind. confess that II scc's TO
me that the usage, if il be thus broad, IS incapable Of
enlargement.
In the second place the laws of nations, although
they have not the forms, have all the certainty and
universally of other laws and can only he changed,
all other laws may, by the general consent oil tose
by whom they supposed to have been established
The application Of the usage is the same whether
States are nearly or remotely situated whether COM
ncrcal or other intercourse between tie ctzens OF
such States is more or less frequent
In supper, Of the enlargement for which you contend
you Guotc from FIttc 'slhe matter IS carried stu
farther in States that closely connected ny
friendship and good ncigIborond Even III cases OF
ordinary roascressioas which only subjects oil CT.
vii prosccutio either with the view to the rcc0rcry 81
damages or the infection Of siigM osii Punishment,
the subjects OF two ncigboring States are rrcroray
Obliged 10 appear bcfore nc magistrate q nc pace
rhere hcy arc aroused Of haring facd !" their duty
Upon requiston of that magistrate, called Letters
Rogatory, they summoned IN due form by thelr
own magistrates and obliged to appear. An admit
rable institution, by means of which many neigh
boring States live together in peace, and seem 10
form only republic. This is in force throughout
. all Switzerland. As soon as the Letters RoSatory
are issued in FORM the superior of the accused bound
TO enforce them HbeoRgs not 10 him TO cranc whcthy
thc accusation Dc true fSc He sto presume on the
Justice of his neighbour and not suffer any doubts on
his part to impair an institution so well calculated t'
harmony and good understanding between the
States The name of sLetters Rogatory, and the re
marks that this San admirable institution and thai
it is Gin force throughout all Switzerland are SuIhccn
TO shew without other proof that the or practice
here described BY the learned author IS not an enlarge
,ncn of the law Of na,ions but that 1t IS munGpa
institution established by the contract OF federation be
tween the Swiss cantons and that the law OF nations u
thus superseded by written law or, a. we should de
scribe IL, constitution
Assuming, however, that the usage Of nations is thus
enlarged in its application to states situated near eacl
other between whose citizens commercial or otiei
intercourse Is frequent, proceed TO observe: I'll t
then be the law which experience has proven to be WISE
and salutary in its operations and winch ought TO go
vern the relations Of Eeghborlng States ordinarily ant
If the liberal and prompt surrender oil tugtVcs IRON
Justice has been found to be essential in preserving
peace between hcm surely every consideration OF PIN
. ianthropy, patriotism and public duty requires that
no mpedent should be nerposed to ITS full and Tree
opcration among the States of Federal Union-
principle of international law, in the absence oil all po
stve agreement, applies in full force and with peculiar
fitness 10 the relations Of the twentysx States OF oul
Confcdcracy, it fortunately becomes unnecessary to
do so from the fact that the States themselves have
long since converted the abstract principle into an ex
press provision of their fundamental law. If it be
implied that the institution Of Letters Rogaory, which
pre- walls in Switzerland, would be in harmony with
our Constitutions or consistent with the public wei
fare | must respectfully dissent from that opinion.
RI The Swiss institution, you will observe, embraces
not only all crimes, but also ordinary transgrcssions
which are only subjects of civil prosecution, either with
a view the recovery Of damages or the infection OF
slight civil punishment. Including not only all iclo-
Mes but descending below the grade OF misdemeanors
it takes hold of seduction, repevin ejectment and
every other form Of trespass and trover, SANDER
fraud and every other form of respass on the In
short it embraces every act dcnomInaedn law tort
No matter how trivial the complaint, how private the
injury how peculiarly ilmay be the subject Of civil
prosec uon the citizens of the States reciprocav
obliged to appear before the magistrate Of the place