Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-03-20

/, for offences charged to be committed against
the "peaCe and dignity" of State because
he is a subject OF Great Britain, or because
he committed the crime at the nsiigatiQn
or under the authority Of British Provincial
officers; much less do we know Of any law
that would Justify the President to deliver
him upon the assertionas to the facts, ol any
agent Of the British Government.
II we had been at open war with Great
Britain, and Mcleod had committed the of
fences charged, then he might have fallen
under the rules and regulations of war. and
been treated as a prisoner of the United
States Government, and would have been
subject to the laws Of nations in war. But
as the alleged criminal acts, in which Nc
Leod is charged to be implicated, We're
committed in profound peace, it is a crime,
as far as he may be concerned, solel Y against
the 'peace and dignity" of the State OF
New York, and her criminal Jurisdiction is
complete and exclusive. Ifthe crimes COM
mitted be such as to make a man hoStcS hN-
mani gcnuS--an oullaw---a pirate, in the
legal acceptaton Of the term, then under
the law Of nations, the United States courts
and tribunals would have jurisdiction. But
the offence charged in this case committed
as it was in time Of peace, as far IS this In
dvidual was concerned, was one purely
against the lee loci, and coming exclusively
within the criminal jurisdiction of the tri-
bunaIs of New York.
The Minister, in his letter of the 18th
December. 1910, says; sit is quite notorl-
Gus that Mr.. Mcleod WAS not one OF the
party in the destruction Of the steamboat
Caroline; Hud hat the pretended charge
upon 0hi"h he has hccu imprisoned rests
only upon the pcjured testimony Of certain
CunaaIana, outlaws and their abettors,' &c.
This may perchance all be so; but 1t would
be asking Il great deal to require an Amer-
can count to :! ield jurisdiction, and sufren-
der up a prisoner charged with offences a
galnst the law, upon the mere ipSc dtrH of
any man, no matter how high in authority.
Whether Mcleod be guilty or not guilty, is
the very point upon which an American jury
alone have right to decide. Jurisdiction
IN state h'ibUnalS orcr criminal cases, AMI
riM 5y0 jury Of tie renue, are essential
points in American Jurisprudence. And,tl Is
a total misrepresentation as to the nature OF
our system, to suppose that there is any
right in the Federal Executive to arrest the
verdict of the one, or thwart the jUIIsIlc-
ton Of tho othcr, fsnch = mower existed.
and we're evercispd. if wo,ld cfIactu3,lv q.
verthrow, and upon a vital point, the SepH-
rate sovereignty and independence Of these
States. The Federal Executive might be
clothed with power to deliver up tugitIveS
from Justice for offences committed against
a foreign State, but even then it might not
he obIi9atorv f., do 80, unless il were made
of treaty stimulation. This duty and RIGHT
in an Fyacni;vc has generally bran conSid-
ored ~ dormant. mil made Lind,nr bv ,raa-
~ arronacmcnt Hmt wLnn the matter is
r3oyarsod AND demand isrnaIa' mot nlritiycs
i,o,, ;n.iice for nI}.nccs committed 9a,;rs,
:, C,rc?rn no,ynr hnt r5,, rbo li,nrari.% ~ e.,
man r6.rrod win offence araiast the no,ra
and airnify Of onc of our own Srate1. then
il IS. that the dn,nand bacotoas n,enostnrous
in the extreme. The fact the offences were
pndor the sanction ot nrovirciaI
orlhor;r,ns does not alter the casp. miles,
w, ,yara in q state n, war. In such rasas
as thc p,esept. the power +, deliver mn
cnniI MT he CON lar,tj Il c,n,I nnl, bn |
conferred in those cases over which iuriS.
ljction is clearly delegated by the Frleral
S,nn,,;trt;nn Sncb In. i,sion,n -. iron.
son vh;rh is an nn%ncc or,;rst ,ha rom.
ioined soycreiontv Of tie StItes. rs define.
a., C,,,.,;,3I,,;, 0,or oil ,.,,o.. ..,. an, /
has, Jafnad m Ihn Consti,,,,i.o. ami ,hns,
sn,1;,o rIoorI, nnjor t,e I.v's.rf , r,I;,n
the Sr3tes have exclusive Jurisdiction. and
Inc ,riol and punishment for otlnnccs ,oainst
,ho,,, ora incident "a tbair san,r,ta S,var. |
aiTnty. II is not pretended IN this case
49, ,I,ra i anu tro,t,, s,;r,,i,,;,n u,Ja.