New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-07-17

a nos, ai-ncious murder IN l enada, he murdered
NJ Teche Canadian seigueur. having first cor
r1p,ec Mrs 7 xas arrested in vermont By war
ran, from Governor Jennison Tor the purpose of be-
ine delivered over TO the Canadian authorities. a.
,ha lines-;he Supreme Cour; Of Vermont decided
TIA, The Governor had the power TO Surrender
Holmes Holmes employed Mr.. c. p. Nan Ness
Ohio INK the case iao the [. s Supreme Court ny
Wi; OF error. taving first stayed the Governors
proceedings bv writ OF abeas corpus NJ Kirk
land read passages from Chief Justice Taneys opin-
ion which the opinion OF the rnsloTlty OF tue
Court from u Peters 507. from which II vas stated
ina, the General Government, possessed this power
of delivering up criminals 10 foreign States-ha; the
several States Of The MON had surrendered i,-,hei
for auv State 20 assume that power was 20 assume
the power Of setting az nsugh the authority OF the
L oiou for OF ~ha; use would 1t be for the nIted
States authorities decide not - deliver Up i1sI
i've If the Stale Government IN which that fugitive
was could reverse that decision The Supreme
Court OF Vernon, was moved for Holiness dis
charge ard on an examination Of the opinions OF the
L : Judges it -rnaninouslyl agreed thereto. The
opinion of the Supreme Cour, was law. and this
State was bound 10 obey H.
I'm the case cited Dr. Holmes native OF New HaTaP
shire had settled below Iebec long previous The
der NJ Justice Thompson s,it tha, Unless The P-es
Cen, Of The L IS under the Constitution vested With
power TO surrender foreign governments neves from
Justice nowhere. there being no law nor treaty on
the ssbjsc; In his message Of Aug. l>i2 Gov. Seward
says have orborne 70 demand ugitives from justice
who fed the British PrO"inces and also to surre
der criminals from those Provinces who have taken refuge
In this STATE from the time when the Supreme Court OF
the United States virtually decided ha; tbs powers neces
sary for these purposes exclusively national and
therefore belonged to the Federal Government
Mr. TALLu.DGr considered tina, the State statute
was properly enacted, because il provides that the
Governor shall deliver over such criminals 10 nus
tics The General Government cannot open one OF
our jais but the State authorities may deliver over
to the General Government, depredators &c bat not
10 the Canadian Government, or any other foreign
authority. This clause ,sl0j ought not 10 be placed
in our Constitution.
Mr. WoRDyS said that although at war with
Mexico this section If adopted, would provide for
our giving up Mexican criminals. But there could
be no reciprocity. We had surrendered the exclu-
sive treaty making power and II would be unwIse
TO invest in the Executive of Newfork power
which he nigh, exercise agains, the express pro
visions of treaty against iaw OF Congress, sgans!
The settled policy OF The Federal authorities.
Mr. SIMMONS told OF Ferdinand the 9Th of Spain,
how he sent through The Spanish Ambassador to
the Refs Efendi Of the Sublime Porte al CONSTANT
uople requiring Turkey to give up TO his lFerd'.
nand 81 Justice the companions OF the immortal
Rego. who had striven to iberate Spain. That the
Turk had replied very cvily, OF course, That II was
agains, the faith Of the Prophet to deliver up to
$500
thrown themselves upon the hospitality OF his ma
ton, and fled to it for refuge, when charged with
political offences
Section 10 was struck out-Aye every body ] be.
eve except Mr.. Russell There was one No, and
| was told it was by him. Section II was next
struck out and also section l2 the provisions oil
which were these: The Governor may, upon the
application Of The Sheriff of any County in the State
order such military force from any other County
az may be necessary to enable such Sheriff to exc.
cute process delivered TO him.
Mr. MORRIS had moved it, adoption. He said the
Governor had the right TO keep the peace in
any County by means of military force, until the
County force is exhausted.
Mr. CRooKER We have had 1000 men drawn
out in Cattaraugus County, and marched, some OF
them 50 miles-,he County put to $4,000 expense
time wasted-and all this 10 serve Sheriff sprocess
on sick man 10 his bed
Section IL was resd-the section was ex plunged.
II provides that the Governor may remove the
Sheriff motion TO expunee Ii was lost, and al
P. NJ. the Delegates adjourned after accepting the
invitation OF the Stale Temperance Convention, now
in session nj North Pearl-st Church. through Gov
Bouck their President, 10 attend their deliberations
there this evening.
Only one section of the report remains undisPosed
Oft is that which gives the Governor veto Oh
Stale legislation and will cause much discussion h