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

1 III,
elves on her Jurisprudence. 1t is not peculiar
however, to those countries where the common
Jaw is acknowledged The necessity for the
proceeding seems TO have caused its introduction
and use somewhat generally. When crime Is
discovered frequently on its fresh dis
closure-a shout and CRY arc raised upon tho fugi-
tive malefactor; in this police officers and pri-
yatc men unto; and he Is followed from place
u place. frvm town to town, from county to
county, and each locality into which the fugi-
tive passes is called upon to assist and join i'll
the pursuit. until he Is taken and delivered 10
the sheriff. This proceeding is famillariy known
| to the law as "the hue and cry" But SOME
times the fugitive is able TO clude the pursuit. and
to escape beyond the territorial limits Of the
country whcro the evil act was done, and then,
a. those in pursuit have no right TO invade tho
foreign territory. it becomes political trans
action between the two nations. Hence inc
proceeding called cxtradition. aud which Is as
we hay, Just stated. proceeding merely in AID
Of tho police-the fugitive ia delivered W tho
officer authorized TO make the arrost-analogou'
TO tho hue ana cry" in motive and operation;
on enlargement and extension, 80 to sPeah' 10
and between independent nations OF that
species Of arrest. 1t arises from the necessity
Of mutual protection, and is further enforced by
this legal technical rule, that otherwise the
criminal {uness tho charge DO piracy canhos
lie brought TO trial and punishment. Because,
for instance, when crime il committed within
the jurisdiction of foreign nation. to try hlih
for that crime in tho United States would he
mockery; to condemn aud execute him-as the
case may be-thc court having no Jurisdiction
would be murder: and to acquit and discharge
him would DO violation of national duty. THIS
national duty, while resting on the primary
principles Of natural law and testified To by its
ablcst commentators ancient aud modern, mas
: grown aad interviewer Itself into the written
, declaration, Of international Jurisprudence,
steadily and surely with the progress OF civiEa'
| ton. at would SEEM" says Webster. speak
ing the opinion OF our Government. TO DO an
{ act due TO tho cause Of general justice. and
9 properly belonging to the present state d
, civilization and intercourse
/. To WIN. department Of our Government Is
: the powcr in question allotted There are two
I methods of trea;ng this matter. Oae ot them
is the me.cly Legal and artificial. The other Ii
F. the political, constitutional and natural.
A The Grst method is that which is taken up by
V lhosc who get the!s analogies add bia. IRON
medes of reasoning deriysble from british con
f sttutional law. While these analog'es ere
: peculiarly applicable TO limited monor'h''' 'hey
have no relation 10 tho Executive power o. IL II
affected by our nriten and dsiermiuais Coas'fH
? ton. The British Constitution continues ID O
b. condition similar TO It's common law, IN th'.
: ~. pect: although rule OF action, get, with
/ beautiful and beneGceui plaNic;iy. IL IL e'ci
e really to adapt itself, or 10 Justify with t-ell
0 each neN phase Of the national progress Hhd
r expansion. On the contrary. our writ'en i"fn
$ /, "a noun substance" and "a fixed fact" Il
y To use our peculiar political nomenclature. IL
# is conceded that the British sovereign could mol
i do what our Executive has done in relation
10 Arguelles, nless Parliament Lad gwen
authority by an enabling act. Ii appears that
even if treaty DO made. the sovereign cannoi
3 act, nor tho judicial power in England be set IN
+" operation until Parliament By al act declares
n the mode Of procedure. ard empowers them
n with authority III the premises. thus is chiefly
J, caused by tho nature OF It's unvrittcn C0n'tiiu'
n ton, its system OF political plecedcnts, and
4 the ascribed onnipotencc OF Parliament.
o "In England, writes Junius. when warning hif
,, coun,rymen never to suffer an invasion ol their
# political Constitution to pass without deter
Il mined. pcrevcring resistance. zone pgcccden.
;. creates another. They soon accumulate and
: constitute law. What yesterday was iac,, to-
o day is doctrine. Examples are supposed to JUS
i tiy the most dangerous measures; and where
II they do uot suit exactly, the defect ID supplied
Is BY analogy" the Sovereign of Great Britain ID
q perpetual and hereditary prince, and his per.
% son not ancnajle to personal punishment and
= disgrace. Hence the Jealousy aud persistency
Il with which the people Of that nation check any
d accumulation by royal assumption 70 the prerog
alive. The fact, once permitted, edheres to
II the Crown. becomes doctrine, ard descondi
&c with all other prerogativcs to each succeeding
IF monarch. But ii the power bc cOnjerrcd by act
10 OF Parliament. then it can, b. a sub seqlent ac
,r Of legislation be repeaied; and therefore, nc
/. dagger exists when the power ia thus derived
from TIE representatives Of the people. 1, i
Il happily not 50 with the United States. This i;
II not government built up with prcccdonts; il
"a has written, Discriminate. and established
6 organic form Of existence; and, III Ihe sleq4 ~