New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-15


constitutional law are no safo light to US In
treating of American constitutional questions.
Their use is rather for contrast than positive
illustration and guidance.
And now, finally, for the political. oonstitu'
tional, and natural mode OF treating the matter.
The Constitution Of The United States declares,
ia the first place, what shall belong to the leg
islative department OF the Government; thfn,
to tho ia licial, aud. proceeding, then en-
ploys tho following words as to the remaining
department OF the Government; " The e1seA-
lie. pouer shall DO vested in President OF the
United States of America" Under this pro-
vision, and the nature of the Office To he per-
formed, il will. We think, clearly appear that
A" the Executive Is not only the constitutional
and natural, but secms to be the proper depart.
ment to which tie power to extradte fugitive
criminals may most wisely and most safely DO
confidcd. - Chi9.Justiee Marshall.
We have shown that there is no need OF leg
islu,ion or Of treaty.making Oh the subject OF
tho ext. addition Of criminals, unless it he thought
advisable tn extend the proceeding u cases not
defnitiyely within the law Of nature or that OF
nations; Tor 1t would bo merely dcelarasory OF
what ID already the law. ..-
Then. as to the judicial department. ~
extending its power to oil cases in law and
equity, the Constitution ha, never been UNDER
stood to confer On that department any polsioSi
power whatever. Political questions sro lor
Icxecutive, not for judicial decision. The de-
maud for fugitive criminal bcing mode py
uaion upon nation, is always " be addressed
to tho executive, not to tho judicial depart
ment. A question must assume Legal form lor
forensic litigation aud Judicial decision. Thero
must be parties 10 come Into court, who can Ut
reached by III process, and bound by its power;
Whose rights admit of ultimate decision by
tribunal to which they are bound to submit
Nations acknowledge no superior. and oeier
lorly 20 the moral force Of the Law OF Nature
(which is Of higher origin than human anthor'
it,, aud unaltcrabls by Senate or People./
case proper Tor judicial determination may Arse
under a treaty; as, under one which secures 70
the subject Of foreign country property WITHIN
lLne OuIltu OtdbC'y w. VIM" 49, >Ng
tains an article (instead of one providing ioF
delivering up the criminai) STIMULATING Wr
his trial and punishment, always provided
tbs case is punishable BY the laws and courts
of the United States. But tho Judicial power
cannot extend to political duties or compacts'
"What power does q 6oad possess To se'ze any
individual and determine that he shaii DC ""'
, indeed bv foreiyn tribunalt by what autlor'
Inv can any court render Judgment to deliver
, mn an individual to foreign Government In
tie opinion uf al writers on international la"
il rests in the discretion, comfy and courtesy ~
tie na..on. Not liz grouIls, certainly. for jn'
| dic'al cogliMnce.
r Bat II LA. been said that some legislative
action is surely Necessary ~ enable treaty 10
pirate wiki fall effect. That may, pcrhnps. be
~ where treaty exists. Butit ID by no means
, declaring the iEcompyteacy Of The E1ecut'Vo
Department. under our Constitution. TO per-
soria az act of national duty. ltneeds no esis-
la.i,e authority 20 direct It's performance. The
Constitution and tie nature oi our Government
tho .ou,cc Of ali powers 10 each department oil
the Goyerumeut--inyest the President with
" the fEo, uiiye power"
I, "The demand il not d ease for Judicial cog
uizancc. Tie President is tie sole orgal OF the
nation in is external res,icus, and its sole rep
rc,cl.aliyc with foreign nations. OF Gomez
auence the demand %. foreign nation can only
be made on him. He possesses tbs whole tx
ccu.iye power. He holds and directs the force
Of the nation. OF consequence, any act to DO
performed by the iurce OF the ration ia to be
performed through him. lie is emerged u exc.
cuie the laws" What tho law Is We Lave seen.
lie then must execute the Law, when he. and he
clone, possesses the means OF executing II.
"Thc person who ia to perform this object Is
marked out by the Constitution; s'rcc the per-
son IN named who conducts the ioiegn liSer'
conrge. and ia to take care that the laws be
faithfully executed. The means b. which il is
70 be performed, tho force oil the nation, arc III
the hands Of tais person. Ought not this person
to perform the object, although he par,ier!ar
mode Of usiHy h, means has not ben FTesedbsd -
-. IL /, then demonstrated that, according to the
, principles Of the AMERICAN uoYnRNALNr, the
question whether the nation has or has not
bound itself to deliver up any individual charged
, aith having committed - a crime" l. qie''Sr
the power to decide which, rests olcne ,cisf Gc
; E1eea.ivs Department. CheJ-Jastiee tarsdaH
We have rot chosen to break the continuity
of tho readers attention by frequent t5lcr1Nce
| 10 those writer's whose works NO have consul
{ aa Thoss readers who feel Interested in Ga.
- ,o:,ol ms ~ al ri ;.a uhich a., have