Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1864-11-04
The Treaty Of Washington.

The hearing at Montreal in the ease oi
those who robbed the banks ut -. Adams
Of their money. and citizens of their horses,
and shot down persons in the streets, was set
down for Wednesday VIII they be deliy-
cred up on the requisition OF the United
states government? TO hui am answer 20
this question We need not go into "a discus
sion Of national usages and Trecedcnts. The
Treaty of Washington (populariy called the
Ashburton Treaty,) which wen; INTO eh-ct
IN ls43 provides in direct terms ior all such
cases. One of the objects for which that
treaty was made. as declared 10 the pream-
bic, was TO prevent the commission of crime
within the jurisdiction Of the two parties,
1.-The United States government ana the gov
ernment Of her Britannia majesty ami one
Of its main provisions is that iusitiyes from
Justice shall, under certain circumstances,
be delivered up. The Tenth article Of that
treaty il as follows
carr. Y. 1t is agreed that the United States
and her Britannia Majesty shall. upon mutual
requisitions by them, OF their ministers officers
or authorities. respectively made. deliver up TO
Justice all persons who, being charged with the
crime OF murder. OF assault with intent 10 COM
NIT murder. or piracy. or arson, or robbery, or
forgery. or the utterance Of forged papers, COM
mitte-i within the jurisdiction of either, small
seek an ASYLUM. or shall be found within the ter
ritories Of the other provided, that this shall
only be done upon such evidence Of criminality,
as according to the laws Of the place where the
fugitive or person 50 charged shall be found
would Justify his Apprehension and commit neni
for trial II the crime OF offence had there been
committed: and the respective judges and other
magistrates Of the two governments shall have
mower. jurisdiction and authority, upon CON-
plalnt made under oath, TO issue warrant ioT
the apprehension of the fugitive or person :,
charged, that he may be brought before suct
Judges or other magistrates, respectively, 10 th'
end that the evidence Of crlmuahty may De hear
and considered: and if on such hearing. the evil
dence be deemed sufficient TO sustain the charge
II shall be the duty Of the examining judge ol
magistrate to certify the same to the proper ex
ecutive authority. that a warrant may issue iol
the surrender of such fugitiyes. The expense 90
such apprehension and delivery shall be born
and betrayed by the party who makes the requ
sition and receives the fugitive.
The simple questions for the Judge in Can
ada to decide in this case are whether the per
sons brought before HIM are sufficiently iden
titled as the persons who robbed the banks o
their money and the people Of their horses, q
who shot down. without proyoeation, the citi
zens in St Adams, and whether persons com
hitting such acts in Canada would he hell
60 trial there for robbery and murder.
the accused are not sufficiently identified, o
if persons committing such acts in Canad
would not be held to trial Tor robbery aus
murder, OF course they viii be discharged
otherwise, according to the treaty they mu'
he surrendered on proper Teqaisiu.n iru
our government.
To any plea on the part Of the nccused tha
they held authority Tor their acts from Oft
ccl. ui thrir (Coniederlte) GoVernsneut- 5t
Judge may Yertinentiy reply-'Ihat has noti
,nr 20 do with the case before Int. II tnel
is war between your government, as YOU ca