Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-06-09

Bahamas. In the act of her seizure by the slaves
scuie occurred, in which the master of the slaves
was killed Upon their arrival in the Bahamas, one
hundred and twenty Of the slaves were landed and
liberated, and the remaining eighteen, engaged in
the capture of the vessel, were taken into custody
on the charge partly of murder and partly of
piracy.
The question therefore arose whether these
slaves could be lawfully held in custody by the
British authorities in the Bahamas for the crime
thus alleged against them, and whether, in answer
to demand of the Government Of the United
States, they could be rightfuly given up for trial
in this country. Upon these questions Lord
Brougham held the following language in the
House of Lords on the Sd of February, 1912:
He venured to state, that by the law of this country
no person, whether he British subject returning
from abroad alien coming TO Shores no person
charged with having committed offence out of the us
dcon Of Great Britain could be seized, detained or
given up any foreign Government whatever which might
demand to have him given up, in respect to the off
with which he charged For example, if English
man in France to commit feloDy-say a MUIR
der-and return to this country or if Frenchman
France were to commit murder and escape this
try the French Government might in vain demand of the
English Government to have the alleged murderer given up
the purpose of being tried for his offence in France
There had at different times, doubt been treaties be-
tween this country and France and at time there
treaty between this country and the United States of
America for the mutual surrender by each Government
the requson of the other of charged accord
to the American treaty of 1885, with the two offences
OF murder and forgery; and accordng to the treaty of
1902 with France) of charged with the three of
fences OF murder forgery and fraudulent bankruptcy
But before those treaties could b. carried into effect ia this
country necessary to especial acts of Parliament
to enable the Government to perform the obligation which
had incurred by the treaties and accordingly the 37h
George sd gave the powers required for executing the
treaty with America and the AID George 3d. commonly
called the alien act not satisfied with the general powers
of the alien act had clause referring the French treaty
aud armng the Government with the power arrest
ain and surrender parties He hoped that their rdshDs
would his entering into these particulars on ac
count of the great importance of the question There
no lawyer who could entertain doubt upon the subject
was clear that the surrender OF Of the slaves
any of the persons charged with the felony the alleged
murder having been committed beyond the territory Of
Great Britain, would be utterly without warrant and by
the law OF this country could not possibly be accomplished
even if the Government disposed TO do it doubt
may possibly arise to whether the act committed on
board the Creole might not be piracy The facts stated
did not appear to constitute piracy If'thers any
who considered that doubtful debaeable point then
he apprehended that the true of proceeding would
be to put the matter into If nvestgation-toh have
Judicial inquiry that all the facts and
might be fully ascertaned and that the legal import OF
those facts might be determined But if the crcum
connected with the seizure the Creole amounted
to piracy it did not follow that those who had been guilty
of should be given by the Government of England to
the Of ot country If the facts amounted
courts If any doubt fingered in his mind it the
rgot OF delivering up aliens charged with piracy; and If
held that such power Of surrender existed
the question might be put in of judicial nvesga-
ton He would fam hope that this accidental occurrence
of the capture and bringing into port of the Creole when
rightly understood in America, would have effect de-
laying the successful accomplishment of that most mpor-
laht mission upon which his noble friend opposite (Lord
Ashburton) was about to proceed-greaty the advan-
taga of the negotiations greatly to the benefit Of the
countries which had high and equal interest in per
petuatng the friendly relations essential to the
y Of both, and greatly TO bis honor in having under
aken in the circumstances of the case, this mpor
taDt service"
On the 14th of the same month Lord Brougham
referred to the subject in the following terms. We
quote from Hansard's Report of the Parliamentary
Debates, volume 60 of the third series:
"Wbat right existed, under the municipal law of this
country to seize aud deliver up criminals taking refuge
therei What right bad the Government to detaip still
less to deliver them up' Whatever right nation had
against another paton-even by treaty which would give
the strongest rsht-there by the municipal law of
the nation power TO execute the obligation of The treaty
Ii such treaty existed between any countries say
between America and this country add no act of Para-
ment had passed enabling the Government in either coun
to pert it's conditions that treaty became utterly
unavailable because the law of the land prevented tue poe-
sb lily OF It's being executed, Suppose it clear and
doubt existed that treaty were in force binding on the
two parties, (and such obgat would be much more
clear than that could be pretended under the general
law of nations the international law suppose
10 power from lts Lee
gsature to carry the treaty into execution the ex
of the treaty would enable that power to carry
the treaty into effect The treaty would be dead letter
if the municipal law OF that country did not auth the
fufmeut OF its provisions 1t necessary say so
much because he thought of HOSE who had argued
the subject particularly 10 America, had not kept
questions of international law aud Of municipal law su
GENTLY apart 1t necessary that municipal law
OBTAINING and giving up criminals should exist well
the law Of nations. Such municipal law did not exist in
this country. There power by our municipal law
TO seze s1ess to surrender any person having commit
It'd offence however grave that offence might be- within
the jurisdiction limits Of other country; whether he
alien not there power to give him up
until the Legislature OF this country should the Gov
with power to do He had on the frat NIGHT
of the session referred TO two cases. the 1897 and
1902 passed for the purpose OF armng the Government
with the power of performing their Obligations contracted
by Mr. jays y and the treaty of Amens aud without
which acts would have been impossible have performed
those obligations He had stated that the only doubt in
his mind with regard the of the Creole arose from
the suggestion that praca offence had been committed
No doubt the of piracy two particulars erent
from the general law respecting charges against aliens for
committed beyond the Jurisdiction of the country;
for whereas 10 any other they had power seize
detan, yet in of piracy although the party
alien they had power to aud detain. That was
particular in which difference existed but another
particular the power Of trying the alien pirate and
the etore he had doubt that the piracy
had not end ought not to have the power deliver up
because where the offence piracy had only the
power Of sezng and dets ming the person. we could
send him to hs trial that here deficient iris-
dcon and fear that the criminal would 20 unpuushed,