The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-28

Measures FOR THE ARREST OF WuKEs.-We
understand that requisition from the Governor Of
New York, addressed to the Governor of New Jer-
sey, demanding the delivery Of Wilkes to the sutho-
rites Of this State placed before the Governor
Of New Jersey two days since. The Governor Of
New Jersey minated that he would delay his de-
cison for brief space Of time, in order TO take the
sense Of some Of the law officers Of that State on
the nature and extent Of his constitutional duties
on such demand This is all right and proper, and
we have no doubt that q correct decision will be
arrived at in proper time.
The Governor Of New Jersey is named Doctor
George f. Fort, Of Ocean county, in that State.
He was elected by the democrats Of New Jersey,
and is, by some, considered averse to the delivery
Of Wilkes on the requistion Of the New York
authorities. This we think, however, is rather
gratuitous assumption the part Of the associates
and agents Of the convict. Others imagine that
Governor Fort will refuse to deliver Wilkes on the
demand of New York, on the ground that former
Governor of New York refused a similar demand to
deliver up Beach, who had been indicted in New
Jersey, and had been den. nded by the Governor Of
that State. The cases, however, are not parallel.
The worth and character Of the two individuals
Wilkes and Beach-may be even, but their respective
positions are somewhat different Beach only
under ndctment-he had not been arrested and tried.
Wilkes the contrary, has not only been indicted,
but twice tried, twice convicted, without the
hottest chance, in any legal quarter, to alter his
position before the courts of this State The con-
stutional provision in such that of Wilkes,
is, we think, plain and clear and cannot be misun-
derstood by Governor Fort Of New Jersey II is as
follows:-
cxax oxy;xv,
other crime who shall flee from justice and be found in
another State, shall the demand Of the executive
authority Of the State from which he fed be delivered
UP to the State having jurisdiction Of the crime.
This seems TO be broad and long enough to cover
the case, and precludes Governor Fort from de-
clining to act in the matter. Some, indeed, inti-
mate that offences termed in legal language nra III
Sc, as distinguished from mala wohibaa, are only
those which come within this constitutional provi
sion Even if this were SO, the offence of libel, Of
which Wilkes was twice convicted, is misdemeanor
and a crime Uhe two words, according to Black
stone, being synonymous) at common law, in every
State in this Union. Under extradtion treaties
with France and England, it is probable that
Wilkes could not be arrested there, because special
offences are named in those treaties, for the com
mission of which only offenders can be given up.
Libel is not one Of these.
There can be no doubt, we thlnk, that uovernor
Fort, or any other Governor, will answer the con-
stitutional rcquistion of the Governor of New
York In the meantime it is said that Wilkes is
ruralizing in Hoboken, on the Jersey side; but it
is not possible that he long remain there, under
the obvious import Of the constitution and the laws
of the country acting the intelligent mind of the
Governor of New Jersey. lie WILL probably, clear
out, or be delivered up Meantime, the last Police
Gasate is full Of libes against the courts and jures
Of this State. So look out, ncwsmen and newsboys