Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-08
DOMESTIC.
THE SURRENDER OF CRIMINALS.
!, ! !. I..... Z IL. LIN

terence of the affair reached Richmond, when there
had been but little time to look into anth"riies I'VE,
vertheess that communication states very fairly, ana
think, with sufficient iuncss, the groanos on "hic"
the British Government will probably refuse compen. |
saton for the slave property. There -, however,
another question advefteG TO- which have SINCE thouSht
was discussed in full or accurate manner as
it ought to have been, and was hesaling whether or
no to add something further upon II, when received
last night the National intelligence containing an ar'
Gle signed F. Addressing himself 10 the editors OF That
paper the writer 'you have repubisheG an article
from the Richmond Compiler under the Signature OF Z
r. relative to The OF the Crco!e, and commend y
by saying you believe il states the law and the auhor-
ties upon the subject fairly. Allow me 10 say That 10
one subject referred 10 in the essay oil y. IL do not
think he has done Justice; mean the law of nations
relative to the surrender OF criminals. Admitting the
remark to be correct, that to this latter subject have
not done Justice aud acknowledging that there good
foundation for the observations OF r, WILL as briefly
as can, add now what seems To be called Tor
Upon the general question "wheiher nauon Is
bound surrender ug'ves srom justice who escape
into its territories, and seek there an asylum from pna
ishment, see occasion at present 10 do more than
10 refer TO the treatise Of Mr. Justice Story the con
fct of laws in which at page $50, most OF the apaho
rites are stated both sides The "prac,ice he says
"has, beyond question pervaded rs matter OF comfy
and sometimes OF treaty between some ns'ghooring
States and sometimes also, between distant States hav
ing much intercourse with each other. oct remarks
that under the Roman empire, this right OF having
criminal RENTED for trial 10 The proper forum er,nta,S
of the universal dominion Of Tire Roman laws. lie /
then quotes passages from Foef and proceeds IS follows
alt is manifest that he treats i purely as matter oi
comfy and not national duty II has been treated,
however by other distinguished luris,s as street right
and as constituting part of the law and usage "
TONS that offenders charged with high crime, who
have fed from the country IN which the crime hao
been committed, could be delivered mp and sent back
for trial by the sovereign Of the country where they
are found ra,tsl maniiesy con,enplacs the suhjee,
in this latter view, contendng that " IS The duty OF
the government where the criminal IS, to deliver hm
up, punish hir and if II refuses 50 10 IL" ihen
becomes responsible as measure, an nceompiice
In the crime And This opninn IS maintained with
great vigor BY Gro;iuS, by ieRecctas by G9r'amcqm
and by .a,hcroorh. There incoHsicerabie weight
of common law authority on the same SIDE ana Chan
cellor Kent has adopted the doctrine in case winch
called directly flor the decision On the other hand
Putendorf explicitly denies it as matter oi right
Martens is mnnesy Of tic same opinion, con'endinS
that with respect 10 the crimes committed out Oh ms
territories M sovereign is obliged 10 punish the crim
nal who seeks shelter in his dotninous nor 10 execute
sentence pronounced against hs person or property
Lord Coke expressly maintains that the sovereign 10 not
bound to surrender up fugitive CRIMINALS iro;n olher
countries who have sought shelter 10 MS doinnions
MIR Chief Justice Iuehman has adhered TO the same
doctrine in very elaborate judgment. And The Tca
soning of Mr. Chief Justice Porter in Commonwealth
vs. Green leads to a similar conclusion
shall stop inquire TO which side the weight OF
authority preponderaes, considering the question as
general one under the law Of nations; bu, proceed 10
another inquiry Of more practical Importance, VIZ
what has been the of the British Government
on this question; and what has been the course OF cur
own?
In the cnse of Jose Ferreira dos Santos, Brock
BOY Mr. Justice Barbour, after referring 10 the case
mentioned by Heath, J. preferred 10 in my former
article) saws There is subsequent case CITED,
and none is known 10 exist where the British TO-
vernment has surrendered u fugitive On the con
trary Mr.. J,ftrson, in his letter to President HdSh-
;noion, of November 9Th, 1921, after speaking on
the subject Of conventions for the delivery u fn-
gi,ives says, England hns no such convention wi'h
any nation and their laws have gwen 10 power TO their
Executive to surrender iugt'ves any ,oey
nre accordingly, constantly refused and hence Eng
land has bee the asylum of the Paos The La NOTES,
the Coonnas; in Short of the most atIocous offenders
ms we'll of the most innocent victims VINO nave oeen
able to get there. In confederation OF hs VIII state
that but the other day. that's the 9TH Of November
last it was stated in the lntegencer, that application
had been made to the Secretary o: The Home Depart
ment (EngiaHd) for warrant TO arrest boiccn nut II
was refused the ground that no treaty stipulation re-
CURED such course, and without Il 1t was wholly IN
admissible.
Next what are the views ofour own Government on
this matter In the letter of Mr.. jefferson already re-
ferrcd to- he says 1.-The laws Of the IT, ST. like those o.
ENGLAND receive every fugitive, and authority has
been given to Executives to deliver them up =
Acan in his letter of the l2th of September, 1888, he
saws "The laws of this country take notice OF crimes
committed Of their jurisdiction The most arocious
offender coming within their pale is received BY them
as an innocent man, and they have authorized no one
to seize deliver them lie eva OF protecting male
factors of every dye is sensihy felt here, in other
countries but until reformation ofthe criminal codes
of most nations, TO deliver iugtves from them, would
be to become their accompccs The former, therefore,
is viewed rs the lesser evil.
In 1894 the treaty made under which President
adams delivered up Jonathan Robbins But that treaty
has long since expired.
While Mr. Clay Secretary Of State, the Govern
or of Permoat for@arded 10 him communication from
the Governor OF Caaada stating that two soldiers Of
iftoh I'm had n 10
officers of the regiment, were then IN confinement IN
j1 in Buriington IermOnt, and asking tia, the offend
e,s should he delivered 10 authorized 10 re-
= ceye them and bring them to Canada. Aud the Co
Vernon of Fremont, in his letter TO The Secretary Of
Nte expressed his readiness 10 attend TO any drec
TO the Secretary Of State might please TO give lm
onN subject. The reply Of Mr. Ciay which was trans
'eSy the Governor Of IcTmont 10 the Governor OF
e4naaS states, 81 instructed by the President 10
express regret to your Excellency that the request
OF the Ac$ Governor Of Canada Garnet be compiled
WIN ohoers w authority now vested in the Executive
uove'nmeheN the United States, the spu!'ti"" be-
tween th's an@Le British Government; for the mutual
aehVety OF iusSes from justice being no longer IN
force, ana the exal of by treaty being at this time
asublect OF negottao on between The Two Governments
Thus, IN the laAuage OF Mr.. Justice RarJcur, "ns
well by the authoratfe declarations b. the of
me Government, 'ne p'sciple has been announced to
the world, that the tniteaSetes acknowledged 10 oai-
CATION to deliver fnsitiveSexccpt BY virtue Of
treaty stipulation"
In the case in which he sotec!arcl his conclusion !
was, that as judicial officer ohe United States had
no authority whatever either ,o>rrest or de,ain with
view to such surrender.
More recently, the Executivet Vermont issued n
warrant for the delivery up of Geo. Holmes, charged
with committing murder in Canada. Holmes obtained
habeas corpus from the Supreme Court Of The State of
Vermont but that Court refused discharge him-and
then he obtained writ of error from Judge of the
rkeTt ~ faJS