Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-06-24
NUMBER 80.

Cy. buL Wnlle tiflS naLlOQdl IOngrcSB gCOpS
in the midst of a great civil war to sow
new djssensions In our midst by unwise
legislation like this for black fugitives, Il
has shown its servile timidity before the
usurpations of our Executive, and has al
lowed the lettre de catchet of the French
monarch to be reissued under the great seal
of the United States without q murmur Of
dissent or denunciation. We are disgraced
before the world by the violation of the
great feature of our system Of policy. What
new humiliation Is in store for us?
l hope, Mr.. Speaker, that ] am not trav-
cling out of the range Of proper discussion
by referring to this matter of the extradi-
tiOn of foreigner without treaty or law.
have considered it fully. i hope before
Congress adjourns that the Committee on
the Judiciary will report bill for the pur-
pose of Furnishing suck officers as dare lay
their hands upon refugees who are here
from countries with which we have no
treaty, and in cases where there is no law
for their delivery. Such refugees haye the
right to shoot down the officers who thus
arrest them, and be entirely innocent of
crime. Refugees under such circumstances
would have the right to sue Mr.. Lincoln,
Mr.. Seward, or the marshal of New York
for false imprisonment because of the ab-
sence of all law and all treaty in relation to
that subject. -----
What inference do draw from this p,
That, in my, opinion, as to all matters Of
rendition, whether of fugitives from SER
vice or justice, or Of political refugees,
there is always some law required to carry,
out in good faith the treaty or agreement
upon those subjects. Hence, as between
these United States, we had placed here In
this second section of the fourth article of
the Constitution that any person charged
with treason, felony, or other crime, fleeing
from one State to another shouldbe delivered
UP, and Congress passed a law to carry
that out. For the purpose Of delivering up
persons accused of crime In one State and
fleeing to another, papers are prepared, o,
prin,a fdcie case is made out. and quasi trial
Is had. These are indispensable to execu-o
tive action among our States. So in regard
to fugitives from labor, the same prelimina-
ries are required. Proof, hearing before
the commissioner, and warrants for the de-
livery up of the fugitive to the claimant,
these prerequisites are part of system
as to all renditions. ,o,,.-.-. ...-- ..f.,.so,
1t is laid down in every authority on In
ternational law, and by statesmen who have
had instances before them in this country
In the various cases growing out of the
treaties with Great Britain, France, and
other countries, that there can be no rendi-
tion of any one from one State to another,
except in pursuance of some treaty or law
specially made to effectuate the object. sse5
Indeed, in this very case of Arguelles,
when our consul at Havana was Informed
of the flight of Arguelles to New York with
q view to his reclamation, the consul at once
said that, in the absence of treaty, no re-,
clamation could be had; that if it were had
it would be an Exceptional measure" In,
this view he is confirmed by Judge Story,
in his Conflict of Laws; by the practice Of
this Government in case as early as 1892,
. whom Mr. .IpttppsOO nrOqn n treaty with
Spain; in another case under the jay treaty
in 1899; in another case under Washipgton'sl
Administration in 1897, for the rendition to
Spain of certain criminals from Florida,
then Spanish province; in another case in
I 1921, when William Writ as Attorney Cen
eral, held that the Executive had no power
to arrest a refugee, except for the violation
of our owDdaws; in another case in 1881, OF
Portuguese pirate, wherein Attorney
General Tahey decided the same principle;
and in various other cases up to the time.of
our civil war, where, in q case OF demand
by Mr., Seward for rebels held by Spain, the
Spanish minister of State himself, Mira
flores Hsfftef g. e9 % sss
american blood tin1Ie to read the eloonent
vindication of this great right from the lips
| of the minister before the Cortes of Spain.
insert it here as the better sentiment Of
what is left of the free-white men Of Amer
L lea: n r- rEE2r1E y 81
"The right to give asylum 10 political refugees Is
in such manner rooted In the habits, in suoh sort in
erwoyen with tho ideas Of tolerance Of the present
century and has such frequent, generous. and be-
nehcent applications in the extraordinary and on
in that there is no nation in the world which dsres
to deny this right, and, moreoyer not any one that
can renouuce its exercise. What would become of
the most eminent men Of days IT, in the political
could not protect themselves beneath the invicsblo
afriendy country, where they may brea.ho tranquil
and safe; haply q shelter whose thresholds their
pursrers cannot oyerstep, or hapy in fine, the shad
acquire perfect and positive rigatto the dsiiseryto
enabled 70 do 80 BY means Of treaty Of estraSisso
10 the conclusion OF tcich tae Spanish GoUerHseat
.SoSd not not sepPSss ,I ss g. not refused 20 cO
/ Z need not call the roll of English Judges
or statesmen who have spoken to the same
Effect with legal learning and indignant
eloquence. The Creole case gave rise to
these discussions in the English Parliament.
The great names of Aberdeen, Denman.y
Clmpbell, Brougham, and others might be
| cited, to show that the sanctity.of asylum
can only be invaded in pursuance of treaty
/ or of statute. .aizL18.g ha.i.3eb 5ooyy
) Yet in defiance of all precedent, praco
tice and authority, this House proposes not,
/ ing fugitiyes from labor to be delivered up
but, preserving that clause, to nuilify 1t
altogether by repeating the law by which
4 alone the clause can be executed. ftb clsy
On the charitable assumption that gem
tlemen on the other side intend TO execute
the Constitution, fsay that it Is indispensa-
BILE that some law should exist to carry 1t
out. Asitin the case OF treaty, as In the
Arguelles, case, so in the case of a fugitive,
l. NJ fhara ho w n n