New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-27

from us nope Ol StHftNhfi, anu 'AcN"''" "!
the order of the State" A State" observes
Grotius, when commenting on this crcum-
stance, "the most strictly obsewant OF every
thing religious among them; and 20 the Oraclc'S
promise was fulfilled"
The opinions of the leading juriSis Of ancient
and modern times viii he ionnd TO justify the
conduct of Athens on this occasion. except that
modern jurisprudence would not warrant the
punishment OF the criminal fugitive under any
other jurisdiction than that of the country
where the crime was committed. Athens, how
ever felt that her hospitality had been abused;
thai malciac.or had sacrilegiously laid his
hand upon that Altar, which was designed to
protect and comfort only the uniortunate and
thus, perhaps even in Il sufficient sense. the To-
calty OF his crime and the punishment may be
said TO have c6incided.
II would be tedious TO trace the history Of the
doctrine through the pages Of oven the leading
writers, who have commented on the RICH. of
Refuge and of Extradition. The subject has
been discussed in some of our journals with
cumbrous parade of citations from eminent juris-
consults, but the real question has not been
touched As ii Il presented by the most c,lc-
bratcd writers upon public international law.
Crotius first settled. cnuncatcd und enforced,
bv profound and varied learning tho science
of the Law of nations. and showed that it was
based upon, and derived its inspiration from, the
1 4 hi Of
il was not derived from, nor dependent upon, the
mere interchangeable comfy and treaty making
power of severe. gn nations, but was, from the
first, declared and bound upon their consciences
by the law of Nature. and that Of nations. "Ail
law is founded not ON opinion, but on the law
of Nature"
The practice and declarations Of our Govern
ment will be found, after proper examination
aud comparison, to be not out of harmony with
these principles.
We have asserted that the right of Refuge
cannot be insisted upon byonc whO has commit
ted crime. By this we do. not intend to be
understood as meaning an oiIcnsc merely against
the laws Of the country whence be has fed, but
such an ohcnse as violates the law OF Nature or
that of nations, and is recognized and punished
a. such by al civilized countries.
The slaye-tradc, while no. absolutely piracy,
clearly belongs TO that class of crimes which
comprchcnds murder, robbery, and the like, and
which are condemned by the law Of Nature.
The condemnation and punishment Of such
crimes are embraced in the criminal iurispru-
dence of all countries; and are merely droiara-
tory of the law, not oTeGtirc of il. Because the
law Of God. which is, Of IL own force. obliga-
tory upon all nations, and TO which 1t IS impos-
sblc to rise superior, can receive no additional
virtue from the act OF man. And SO as between
the nations themselyc.; for, while none Of them
acknowledge a superiority Of authority in the
other. yet none can deny the superiority Of God
or their duty Of obedience 70 the law Of Nature,
of which tho law of nations is but the reflection.
Let US, then. be understood As meaning that,
hy the law Of nations, State Is at liberty TO
deny the right of any criminal 20 tako refuge in
it. territory; and that it i, always IL Priri'ge,
and frequently is duty TO deliver him up 10 the
public authorities OF the country where the
crime was done. Thi, appears unquc,i.onablc
in that kind OF olense, denomnated moiun
in So; and the right to extradte in such cases
Is Inherent in every Independent government.
when. however. the act complained Of is only
mala prohibitum ihis right is not inherent but is
deriyable solely from the treaty-makng power.
And, no matter TO which class the ohcnse be-
longs. the right Of cxtradtion il never TO be ex-
crcsed where the act was committed in The
course of strife Of political nature. On
which view, Gro,ius declares himself in these
words: "In most part, of Europe, this right Of
demanding tugitiue denquents TO punishments
has not been insisted upon, unless their crimes
be such as are Of very heinou5 and malignant
nature. As for lesser faults, it has been the Gus
tom to connive at them, unless by The articles Of
treaty ii has been agreed TO The contrary" "If
what is laid To the charge Of refugees be NOT a
crime Jy the lac Of Nature or that Of nations,
then it must be determined by the civil law of
the State they como FROM" in which case a
treaty must be provided.
Chancellor Kent Tcstates this proposition oil
Grotius, and approves it, making the dis
tinction Likewise between crimes and lesSer'
Ofenscs."
Its" continue. Kent ",he law and usage Of ns,ion.
resting the pisne- principles Of Justice sad public utility
to deliver up offenders charged With felony sad other high
crimes aud fleeing from the country In which the crime
committed into foreign and friendly aride,on This doe
trne is supported equally by and authority" "The
9th article Of the cay Of 1888 between tho United States
and Great Britain provided Tor tho delivery OF criminals