Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1845-03-07

OF murder against q fee man nigh, not establish it
against n slave.
Lord Aberdeen admitted that this was n fair infer.
cnce, as lar MS the court was concerned but repeated
that II was merely language of argument or illusira.
ton, for which the government was not responsible.
Tic then remarked that he thought, ms far ms the
present case was concerned, this might be considered
a satisfactory. reply To the inquiry continued in yoir
despatch. The surrender Of the fupi'ives was refused
because the application was not supported by the evi.
dence required by the statue; and II would have been
Of necessity, refused, for the snme reason, had the mp.
plica,ion been made in any part of The United King
dom, and had the fupirives been free white men.
lie dd not: however, mean 10 say, that IN no case
whatever, which might nrise hereafter. would the re-
suit OF an application for the surrender of n iusiiivc,
charged with murder, depend in aiR .degree upon the
question whether he was n slave, cnieavoring 10 es-
cape from his master. BY the laws of all countries,
the same net of killing did, or did not, con .tnuie the
crime of murder, according to the circnm ,ances of
the cnse, which were often matters of very nice DIS
elimination; and he could very well conceive that in
cases which might arise, the fact, of PERSONS being
n Save might materially infect the que lion Of his
gun, on n charge of having romtnii',d murder Her
MnJesiN's Government must reserve To itself the lib.
ertv OF dealing with cases of this kind. when they
present themselves; and of being governed bv cir
cnmstnnces, which cannot be f,resecn, NJ, provided
for, III any general regulations lie was. however,
free to say, that he did not share the opinion of those
who hold that slaves, rs such, cannot commit n crime
He regarded them rs moral aoenis--,nd, of course.
To he regarded in that lisht, On n demand fr ex'radi.
ton leaving the consideration due IN their condition
as such. To be decided by the circumstances Of each
in l idral case.
In reference 10 my obs, rva,nn, that the legal crime
Of murder was the same under the laws Of both coun.
tries, Lord Aberd zen SAID that, in arranging the pro-
visions of the extradi'i,n treaty with France, thev
had experienced some difficulty on that point. II
was found that the words murder" md I'm eurtre."
in the two Ian Iireas, respective, would not. without
further qualifications, technically describe the same
crime; and II had cen necessary 10 add The words OF
definition, "comprehending the crimes designated in
thr French penal code by the terms ASA sina,ion,
p%arricide, infanticide. and poisoning"
In the course of the interview, | stated 10 ord
Aberdeen IN II The United States considered that nm in.
dic'ment, or n duly authenticate cxpy of ne was. by
the treaty, a sfi lent ground for dtfn1nding the extra.
ORION %offugiive criminals; an that the statute, in re.
curing the dep 'siiinns, or copies of daposiiions, on
which The Indictment was founded, If II So require
them. which was matter Of some donbt) went beyond
the treaty which neither party to that contract was
competent To do. ! added. that | made this remark
not now b' way Of en- ering into discussion on that
point, but to prevent all inference being drawn from
my silence.
Such is the substance NJ our conference on this sub
lect from which, taken in connexion with what has
fallen from Lord Aberdeen. on occasions where il had
been less formally alluded TO, | am risposed to infer
that The Instructions given t, Inc colonial anihorl.
ties. in reference 10 slaves who's surrender is de.
manded as fugitive erin inns. ale Of n very general ma
iure, and such MS would require, IN cases Of any diff
Guilty, a reference 10 the home government for its de-
clsio1. That no Instructions have been sent To refls'
the surrender OF slaves, as surh, is. think. clearly i'm
pllel III tne Tenl1TK OF iiDfl Aberdeen maj, IN MS view
they are tn be regarded ms moral agents, capable %
committing crimes. His distinct, disnvowal e III,
argn'neniaiive statement by the court, as to The
grounds of the statute prnvi ion, which is supposed Il
require the production Of the evidence LAID before thu
grand jury who find the indictment. may be consider
ed as proof that no ins'rt,c,inns had been sent To thu
court, authorizing such n statement.
As il appears, from the nhscrvailrn, Of Lord Aher
deem, that an Indictment viii, in M case, Of itself. h
considered as n sufficient ground Of surrender. ! shall
} ms soon as possible. address n noie 70 him on that sub
ject. lam, sir. with great respect
Your obefient servant.
ED WARD EVERETT.
J. C. CALHorN. Esq,
Secretary Of State.
Mr.. Calhoun responds To this answer il
ann,her letter. dated January 20, 1915. il
which he says the rrsnl, Of the interview l.
unsa,isfactory-and Nj Everett is instructed
to call "the attention Of Her Majrsiy's Gov
ernmen, to the subject, and TO urge a speed,
decision, IN strong and earnest language"
The correspondence, beyond this, has no
come to light.