Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-22

Hall ucludnr tie judicial bench, were Of ''e SAM
opinion tina, now 'APreSsso " ,ie FAY VI
and If his robe aud learned friend near nan, INN 'he's
&c.,, ,l.,, TN, lgw Of ~. gland which would au'h"'
rs,bs f0yernr.e. in a!ya. up persons VINO naa zee"
cllarped y jh crime foreign ''ale an" s"rs"' -
,o here ,yhen ,. alien ia" was before laf!'a"'eh''
r same opinion had been he1d by "iTh 81 aele', '
nfieal op,u,ons on other points Amongst these ,hee
s On, So srronry IMPRESSED by SIR G. "eihereii 'hai
h. could not avoid reading II 10 Their oFds'Ps' III
,i,os ,c,. sen o,!; of this country because they were
uupoo"a. at crei N courts the powers "' .''e .'' We"
aLasad That they should lee accused OF offences III
So; ,,,.r,ss v:as no reason Tor refusing them pro-
,c,;no hro Th. regcjdes Of Louis \ J., II they mao
so,a bltcr here ought not to have been sent away
cxilrs for crime oGght to ma an asylum " ''S
| try" THIS however, was not Il ne" oo'",ne ~"
was ,,ssarr N Lord Coke 10 the same elect IN prn'
cple aud which could not be read without heies''
= hold, and a hath been resolved, that Kingdoms IN
league with another are sanc'uaF'es Tor iSa' u
subjects ynr TOR SAFETY from one kh5S"'i 10 uoe''
i e in,,onis 10 he Delivered and this (some
bol,N Is grounded upon the aw al Deuteronomy non
,rod,s ygrum strcam G0nno $40, fa al &c fo"t"s|H
When Queen Eiaabe;h ambassador demanded oi me
French King Morgan and others OF hcr suoj'cts lhal
b,d c,nu,i,,c t:esson against her, he answered. thai
r,h.v acted in France he would proceed against them,
,dd,nr 0,naia rcsGa prcagiS cSSe hera, re"m '"te'
resse M sui uque Tesnt hbcrt@tc i@data. ana appeal
inc to Enzaaei.is conduct IN aord'ng an asylum
20 the Prince Ok Condo and other Huguehots VINO iia
hoe IN nj .4lS
These op,mons were not confined 10 The lawyers OF
this couulrv but the same principle had been lad
down bv some oi the most eminent judges IN Anne
ricauen distinguished by their profound erndit'on,
and from whose valuable works on great legal ques
inns The ecesl beneii, has been derived by all who
had consulted them lie would read one extract IRON
the works q; oac Of those eminent lawyers which bore
strongly On the present case "lhancelior heh'' W
his Communicates on American Law, (lc36J appears
70 incline To- the opinion Of Grous and Vatte against
tt-scs hIt
crimes ought be delivered up 20 The country where
they are accused and one appears 10 have heen
decided by himself when he held his office IN conior-
mi;y with that doctrine. But The peculiar Cons,'lu
ton oi Federal Government, comp.ehenGng many
States with various laws, renders any dec'sion how
ever res pecta5e, of less authority, III! all Tue parucu'
lar provisions existing when II made, are fully
canvassed Bat Justice Story, IN his more recent edi
ton of the Conf Of Laws, lcl, concludes discus
SION on this subject, By citing The passage from Lord
Coke. adding that one Chief Justice in America has
adhered To the doctrine in very elaborate udg-
ment that the reasoning OF another lhiei Justice III
lendn. case leads TO the CONCLUSION, and that
!, stands indirectly confirmed BY majority OF the
JUDGES OF the Supreme Court ot the I. ; III very
recent of the deepest interest The same primer
pies held the laws Of England winch, as he had al
ready stated had machinery by which the subjects
Of another State seeking refuge here con!d be gwen
up the country 10 winch the; belonged tie won!d
therefore, venture respectfully 10 "a5n Secretaries q
State not 10 infringe upon THIS MOST Important prInc
ple for they could not deialn aliens seeking re-
nge here without subecting themselves TO actions Tor
damages ior false imprisonment, and without further
u lee, themselves 10 the sti greater espons,5y !
perhaps charge OF murder: tor II man attempted 10
scze such an alien under such authority lie might
SYST, and If resisting his death ensned those who or
dered his arrest and detention wo0d be liable 10 be
tired for murder
He N.ord Denham) fully concurred with his noble
friend Cl.ord Brougham) III thinking that IT would
I l, Ia
tween friendly nations, by which persons belonging
TO one and convicted of greyous crimes and taking
shelter the other, might he gwen up: but TINS
could take place only between nations, each OF which
regarded the laws Of the other III The treatment OF
c. II, nal Offenders t. BE- founded IN strict lYstice.
For instance, America would refuse 10 give mp
10 England Engl.shman charged with forgery,
because America dad not regard That as capital Of
fence punishable with death, as was the case until
lately ~ England, and could not therefore, approve
Of oar system Of punishment IN tha, respect. There
were besides, other circumstances which wonid rem
der j, almost impossible for England and America
70 agree 20 reciprocal municipal law Oh the
subject Of criminal offenders, the subjects oi either,
seeking refuge IA The country OF the other. For IN
stance there was slavery, waicl recognized by
the municipal law Of some oi the States, and siil!
worse the slave trade recognised III others Hap.
PLY both we're abolished in En-iand aud her colonies,
and however desirable such reciprocal Law rs he had
referred might be- slavery and the slave trade would
present nsurtnouna5le obstacles 10 lis adoption He
/ hoaed, howe yer, that should never the day
WHEN We should be called upon TO &c. as policemen or
naolers 10 those who sought refuge shores. As
10 tho persons TO whose ths motion referred, he
would say, that he glad 10 fad two hundred fellow
men rcscunI themselves from the degrading state OF
slavery W nth respect TO the particular merits Of the
case OF The Creole, he would not at that time in any
wav touch them because It possible The case
might yet c3me Tor trial, in this country, on The
ground OF piracy # il should, 1t would no doubt be
dealt with according to Justice On the general ques-
ton of this Government not having TIE power TO deli
yer up these men, lie repeated that he had no doubt
whatever.
opinions by hstwo noble and learned friends lie should
not hage felt necessary to address their lordshps, il
1t had not been stated and widely circulated that he
had when Attorney General, advised that those men
should be sent home for trial; that they should be de-
llvered up 20 those who had demanded them. Nothing
could be contrary 10 the fact than such state
ment Ha had never gwen any opinion OF the kind.
On the contrary he had held that by the law OF ma.
tons, State had right 10 demand from another the
surrender of any Of its subjects who sought shelter in
that oth, and that in the OF England, the nu-
njcpal aw did not authorize or enable the Executive
to comp!. with any such demand. 1t was true, that
an imperfect right, or "la, might be called The com
mencement Of right, 10 make such demand, might
he acquired by treaty but that would not Justify the de-
mand until the mnnicral law Of State provided the
means for carrying the treaty into execution without
such law there authority for giving up refugee
To any state. THIS lard down by all the important
authorities the subject amongst Others NJ Martin,
an eminent professor Of the University OF GottIngen,
laid It down that sovereign State could punish a
foreigner f7 crime committed in his domnons, or for
an offence against bis It's subject in foreign coun-
try, bu, he not 10 deliver up the subec; OF another
sovereign State after his conviction OF crime.
To send criminals he adds, for tial from State To
another sought for except the ground of
special treaty, follow ed up by the municipal laws:
but with respect TO foreign refugees, who had escaped
after conviction of some crime IN their country, no
State III which they sought refuge was bound or
/ had authority 10 execute punishment On them. As
To the claim OF America, Sir Wheaton, we believe,
the American Minister at Berlin, had laid 1t down that
no sovereign State was bnnnd, except by special con
tract deliver u? the subjects u. another charged with
or convicted Of crime. The Of such prnc,.
pie would be- suhversjvc of all the rules of civilized
States. For his Lord Campbell > own part, lie should
like I" some general law enacted aud held binding
on all States that each should Surrender 10 the demand
off III CHARGED witt; offences