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


FOREIGN.
FClf. DEBATE on T"r C1ro,r q NSE ~ TIE House
OF LORDS, Feb. II.
Lord BrouThaiI -aIG tgtu 40" 10 orhg under Tue
noice OF tae- ioc!shrs the. motion Of which lie had
given notice ocmer evening, Tor the production
81 any correspondence which might have taken place
between his noble friend tihe Bari OF Aberdeen) OPP
posite and the American Government as 10 Tie sap
Creole Whether any such correspondence existed
ne knew rot; 5ut Il there did, he not aware that
any objection cona he made to lis production H. now
egcr his noble friend had any objection to the proauc'
Of the papers al present, he would not press ms
motion In bringing this subject under the console
ration Of their nrshlpS AZ would state that since h.
had mentioned the subject the first night OF Tie
session, he had again considered !. n all rs bearings
and after having examined al! the authorities
pec;ing IT. not the expectation that he should find
any tang that could alter the opinion he had given
on the first evening, but - whether any thing
IN the shape of doubt could present Itself, nothing
nt the kind had occurred 20 h,m. On the contrary,
the more he had considered Il, the more confirmed he
,rlt ~ his opinion, as II the RI %! one nation 10
demand OF another a subject who bad taken refuge ~
II, having committed or beng charged with, or even
convicted of an OF. nee, in the nation claiming hlm
In considering tbs right, even surprising II to exist by
treaty between t"o countries, yetthee would still ano.
the. question arse, uamcl;. whether The municipal
law of"lther country armed with power Ia carry
The treaty into execution. loc, unless such power were
gwen by the pal law. thu itea'y would he use
tan could no, trness demand o. another 10 deliver
IN one of as subjects who had taken re!ugs that ma
lion, even, A. he had sad, wneE that Su"lect was
charged with the COMMISSION Vi n CRIME IN his own
COUNTRY Suppose, thea, treaty have been signed
between fag!and ana Nnc:ica, Tie object o; wch mas
an admission o.! the s'l of each to demand ;fe sur
Gender OF any ot subjects who mehl hyc iuEen re-
fuee with tie Other tanngh he was nj aware that
auy such existed but suppose !. had b-"n agreed To-,
and was t. be binding recproca.iv Jatu, It would
b.,u nd
armed the executive wtk the power o. carrying 1t into
effect. lie though; that sufficient distinction had
been made between the t~u cases-ihe question o.!
treaty, and that OF Tie municipal law. IL, then, no
such municipal a lie had referred TO existed here,
tic Government oi tins country had power 20 sur
render up any person who had aken refuge III 1t, whe-
Their alien or sGbect for tina, made difference what
ever rs the principle. he might refer 10 the treaties
between this country aud America Of 1913 and ,'j2-
Those ght have been proper treaties, but II was
impossible they could have been acted until the law
gave the power To carry them into effect The only
doubt that had arisen hs and with respect 10 the
case the Creole the allegation made that
OF piracy had bcea committed. That certainly wouid
maze u serious difference tile The case 81 p
recy stood two respects very di!!t:en; position
from any othe. where tie charge against alien
~ this for crimes alleged TO have been commit
ted in HIS own For though IN any such case tins
country would have power TO sei2e or drtain, or
1--WE HIM up yet the ut piracy Il haA such pow
er, and would he fully warranted IN lis exercise. Ii
had even the power 10 Try and punish the crime o! p-
racv, though committed by alien III another country,
so tina, there rSk al his escaping without pu-
nishmeut bat IN OF any other even murder
committed n toreTu country, We had no power 10
seize detan the party seeking shelter mere even
20 deliver hun up. Whcn he stated what was our mu.
nicpal law III this respect is between TINS country
and America, he far from thinking that It was
state of Law which ought to be allowed 10 continue.
The rights OF justice, OF social intercourse and
good neghborhood, required IN his opinion, that be-
tween countries bordering one on another, such as
America and Ia rlaad with reference to her colonies,
and Europe, France and England, and Holland and
Belgium there ought 10 be laws on each slde rect
proca!ly giving to the other power to demand and Sc
cure gross offenders who had committed crimes IN
the one country and He'd for shelter into the other
lie could hardly imagine ROW the amIcabe intercourse
between two bordering and friendly nations could be
maintained without each arm'ng the other with such
power. That such muncipai iaw ought to exist be-
tween ne ghborin- and friendly States, no one would
deny who wished TO see their friendly intercourse per-
nament; but thai such po~ereXsted by the municipal
aw OF this country, lawyer who had considered the
subject could for moment entertain any doubt 1t was
sand that about 20 ago municipa law passed
m the State OF New ork BY which II had right 10
claim from the adjoining province OF Canada any al lis
clt Gems who had been convicted oil c.ony or against
whom, bt! Cor felony had been found and WHO sought
refuge there and that recproca! right vas gwen 10
Ianala under similar circumstances y simar law
had been passed III Bel wb respect 10 France, but
IT could operate only where certain proceedings
had already taken place with respect 10 The party Clam
I'd and where the clam Was made whin 4 liked TINE
/; was he repeated most desirable tia; some such law
should exist between all bordering States, bat unless
~ cases where such laws IN tosce, nation had
IL .ht to caim sutlcc. from another Having STA
led these grounds OF his opinion to cur want OF such
power he wouid not ,rcSpaSs further OF e icGshpS,
bu would submit his motion.
The Earl Of Abcrdeen begged 10 state, in 10
the Ques.iun o. his noble aad learned friend that
municators hid taken place between hsr Majestys Go.
vernment and the Governor o the bahamas the sab.
ect TO which his motion referred and perhaps hrs no-
HE and learned friend would press his motion a,
The present stage Of the transaction, when he informed
The House what had been tie pursued hy the to
cprnnent on the subject As their lordshps might well
,1arne the Government had gwen 10 the most
serious consideration, and had awaited itself o.. all the
lera assistance wlich desirable respecting II, and
they came 10 the conclusion, that by tie laws OF this
country there machinery or authority for ing
ng those persons tal for nutinv murder and still
less for delivering them up Accordingly orders were
nn, on, BY the ecretar, for the Colonies for releasing
ose persons who had hitherto been detained 1t
,ossb,e that there might cNst some law III part Of
North American Colonies by which those parties mgh,
be bough, to trial II So could be acted on bat lie
mus, saw that he not OF the existence OF any
such; and If did exist, orders had been sent TO
discharge the men.
Lord Denmsn said that as his noble and'earned friend
ied put of This motion iroiH Friday II consequence Q!