Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-11-08
The Law Applicable to the ST. Adams Raid


ere.
The ground, and the only grounds upon which
our government is eudeayoring to obtain an
order from the Canadian authorities for the rem
dition OF the robbers and murderers who recent
y made the raid upon st. Adams is found IN
the facts to be applied to the case under the fol-
lowing article Of the Ashburton Treaty
art \. Iii agreed that the Uaitcd States
and her Britannia Majesty, shall upon mutual
acquisitions by them, or their ministers, olhcers
or authorities, respectively made, deliver up to
justice all persons who being charged with the
crime OF murder, or assault with intent to com
init murder, or piracy, or arson, or rooD9ry, OF
forgery, or the utterance Of forged papers, com
mtted within the jurisdiction Of either, shall
seek an asylym, or shall DO found within the
ter tories Of the other provided, that this
shall only be done upon such evidence OF crlmi-
naty, az according to the laws of the place
where the iugltv Or person 80 charged shall De
found, would Justify his apprehension OF com
mitment for ulal If the crime or oh-nce had
there been committed and the respective judges
and other magistrates Of the two governments
shall have power, jurisdiction and authority,
upon complaint made under oath, to issue a
warrant for the apprehension Of the fugitive or
person so charged that he may be brought be-
lore such Judges or other magistrates respective
ly, to the end that the evidence Of erimlnallty
may be heard and considered and if on such
hearing, the evidence be deemed sufficient to sns
tain the charge it shall be the duty Of the ex-
aiming Judge or magistrate to certify the sane
to the proper executive authority, that war
rant may issue Tor the surrender oil such fugityes.
The expense Of such apprehension and delivery
shall be borne and betrayed by the party who
makes the requisilion and receives the fugitive.
1t is evident from this clause OF the Treaty
that the real question for the Canadian Court
to decide Is, whether the men now having a
hearing at Montreal would if they had beer
captured in Vermont instead Of being taken il
Canada DO liable to indictment and trial fol
either of the offences named above. We do no
quite agree, however, with one Of our cotempo
raries that this is a mere question of identity
II is also question Of what we shall do will
thom If they are surrendered. / the Canadian
Court is Of the opinion that they are criminals
ard their acts crimes and not acts OF war, the
will, of cours', be delivered up, but if it decid
that their acts were in the nature Of war, O
course they will not be surrendered 1t therefor
becomes a question not alone Of identity, but o
what the act, in view Of all the circums' ances
really was. And this seems to us to b. que:
ton toeraby easy Of solution for this robber
had no more the character OF war than job
Browns raid into Virginia. Brown was tried
and rgbtlully, by the laws Of Virginia, nobod
ever thinking that be could shelter himself lror
conviction under the plea that he was maxim
war upon the State, and therefore not amcnab'
to its laws; and these raiders are amcnable
the laws Of Vermont, and should be 80 treleC
and given up by the authorities Of Caoada
And thus far IN their trial the conduct of til
authorities and courts in Canada all point to III
conclusion, and lead us to expect that the GRIN
being proved, and the criminals identified, ii
jndges at Montreal will decide that the acts con
mitled at ST. Adams are included in the dehn
ton Of the crimes specified in the Treaty. An
when delivered up, it will DO the duty of tn
State to tr at the raiders as criminals, and put
sh them under the laws Of the State as such an
unless we expect to do this we cannot honestl
ask TO have them surrendered.