Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-03-02

Mcleod be guilty or not guilty, is the We
nv point upon which an American jury
alone have right TO decide. Jurisdiction
in state tribunals over criminal cases, and
trial by the jury Of the venue, are essen
iial points in American Jurisprudence.
And it is total misrepresentation as 10 the
nature Of our system 10 suppose that there
is any right in the Federal executive to ar
rest the verdict of the one, or thwart the
jurisdiction of the other. If sucha power
existed, and were exercised it would eli
fectualy overthrow, and upon vital point
the separate sovereignty and independence
of these states.
The Federal Executive might be clothed
with power to deliver up fugitives from
Justice for offences committed against a
foreign state, but even then it might not
be obligatory to do SO, unless il were made
matter Of treaty stipulation. This duty
and right in an Executive has generally
been considered as dormant, until made
binding by treaty arrangement. But when
the mstteris reversed, and demand is made
not Of fugiiives from justice for offences
against foreign power, but for the ilber-
ton Of a man charged with offences against
the peace and dignity of one Of our own
states, then it is that that the demand be-
comes preposterous in the extreme. The
fact that the offences were committed un-
der the sanction Of the provincial authori-
ties does not alter the case, unless we were
in state of war. In such cases as the
present, the power to deliver up could not
| be conferred upon the Federal Executive
by treaty stipulation. 1t could only be
conferred in those cases over which Juris-
dicton is clearly delegated by the Fedora
constitution. Such, for instance, as ,rea'
son, which is an Offence against the con.
| joined sovereignty of the states, as defined
IN the constitution. Over all cases eXcep
those defined in the constitution, and those
coming clearly under the laws Of nations
the states have exclusive jurirdiction, anC
the trial and punishment for offence:
against them, are incident to their separate
sovereignty. 1t is not pretended in this
case that there is any treaty stipulation
under which the demand 70 raaada; aud slls
| Federal Executive, under our system, ha.
no power but what is conferred by the
constitution, or by special law of Congress
In the former it is declared that {" the Elk
ecutlve power is vested in a President o
the United States," and that power is Their
to be pointed out and defined by spccia
laws passed from time TO time, imposing
such duties as are thought proper ane
expedient by Congress.
Your committee deem Ut dangerous fo
the Executive to exercise any power owe.
a subject matter not conferred by treaty O
by law; and to exercise 1t any case il
conflict with state jurisdiction, wonIG b.
worse than dangerous; i. would be usur-
patton.
Your committee would conclude by ex
pressing firm belief that all our points o
difficulty may be honorably and amicabIy
adjusted, and that harmony may long be
preserved by both Governments pursuing
liberal and generous policy, congenial Il
the interests and feelings of both people
and compatible with The spirit and gcniu:
! eff an enlightened age.