Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1865-01-13

tain local legal officers. the ordinary county
magistrates not probably having sufficient time
and legal learning to enable them TO exercise
such an important function The Imperial act
had been suspended. and still remained suspend
ed. In fine. the enly lsE in force in the prem
isfs was the ~ Vic; the Court had considered
this question strictly in its legal psase, and as
pure s''er OF law, hal rs>yer entertained a
'louht. Ills decision wo-.i be. that the warrant
bal been properly i.>Ied. and the objection Of
ihe coussl for tie defence wa oyerruled.
Mr.. Kerr -ose on the part Of the defence, and
objected that the prosecution had not made out
any c4se under the - Vic chap. c. and poke
a, considerable length 10 that effect. ne was
iullowed in the same course by MeSs-5. Latham
eaud A h9ti
Mr.. J, hn-on then spoke Ia reply on BEHALF &C
the Grown. The counsel for the defence ccltend-
Ell tart the chsrre Of robbery SPA D. the prise
rtrs U. one as Against the SiSte Of Vermont,
whereas r. eXrrzlirioa t-aity and tire statutes
enzc,el TO carry e ir.1 effect. had reference to
offences committed within the jurisdiction Of the
United States taxing the narrow yieE that such
jurls ic:f1a extended over only the District q
Columbia, she territories, the dock yards, arse
NAB, &c. On Sac several States IN line, the
Legislation lll net cover the offence rs alleged in
the warrant Air. johnson rtpliei, 90 expO-a
abe s7gnincss 81 this view, and to show thst
whatever ~a- done in the STATE 5f Vermont was
done 'riai1 the jurisdiction o. SIC sovereignty II
tire Jnifoi Sts.es
Mr.. Geihuae adl-psyes tna Court. he scarcely
kues whether To reriy. 81, il might seem 10 be
giving an Inra-~n 90 the defence which II did
u0t deserve. if De had understood Alright. Nr.
Abbott SIS 81 % give the Statute. But the
Hora-g o. the net should he lo7sel %, aud the
treaty 500 us what ;Hst wss. The 9th VIC vas
remedial act 20 supply Whs. wss deficient 20
the foil carrying out Of the treaty. Was Il % be
believed that Great Britain and the United States
meant The treaty simply fer the eKtaditicn Of
persons accused OF offences IN the District Of Col
umu'a. Sc. The language Of the statute was,
"uiHil' Che jurisdiction, the very -ane phrase
rs thi; used 90 she treaty. Pc concluded by
quoting from Vattel showing that statutes enact-
"a Tor firc carrying OUT 0i treaties should be III
icrpreici by the ot,i-us meaning Of those trea-
tt. The argument o. tie defence vas 20 absurd
800 reduce himself to au absuriitv.
49, Kerr replied. cou;cudng that ~hen .as
-oNc.alasrt 1. country could NOS take immei
aiy cu-i.z nee .. crime. that crime wss ~.
legally committed within the jurisdiction OF that
-.scrnueat. and that the jurisdiction cf = gov
eminent wis commensurate with tic sphere Of
f- .c-.-aton, aud also that the Congress Of the
JnI.,l States. which vas TIE ad.i5.ci lecisla-
ture i'i not le.i-ltfs So crimes committed on
land
ihe Court observe taa- IN che intercourse
wtl fore On NATIONS 'r must D.. -Hc General Fed
era. Government alone that mus, be dealt with
an4 recognized TIE general principles laid down
by ihe ,olU-e. t'r tle defense we're sound in
thrrs-.ys,. hui were hs.n. pushed TOO far. 10
nr"-n Intercourse ihe general jurisdiction must
include the whole % ;te y-li ougs. aud must
be- a-.d 20 be supreme
Mr. La-smme sad the Question was. whether
there were tT. Jurisdiction iu tne UuiteI States
10 tbcIe Wls separate jurisdiction DO the inii-
uiul' >-lits fhr rl-e vas not made cut acc1ri-
i1- Zoo tte statute. The statute said that extra
d.f.a -Hou.I TO- granted ior offences committed
Hr...' -Ie iIr.-l elton o. 'hg UHit-i States, or
p. H.H .rr. >'r'es, thus recognizing two distinct
jars ic.iu0-. By enc OF 1ur cxtrliIfiouary
statutes t.'-e tt. iurisi.-fi1ls haI been aca-
naH e.- D, buy BOO q subsequent eu.ctmc 4 for a
ir H-rH 81, the 1urs-iic ,iou of the inljyid-
I ~f...- |HI h,,n .uffrt-trl ~ len out. -
'."' 'a..c c0u be- un ,Ztrll'inn granted erceut
.af lHe remaining, or United States jurisdiction.
sd. L'I uue continued further 90 eu force the
s.aa Hrc 70 argument. au3 alluded 90 the intia-
rH.e aI teir ai lHe Jur-i States which. he sad.
Ft. '-rH H't.ma.-' o. .e brought O. tear upon
i.. --.r .. f.is e.-s
4t. Court 'rar -... fre various arguments
81. Oh tfe'n aiiI.eI d. rrs defence mus re
.H.e "- crns0 ier.rnr, md tne case would he
t.aeH .r.aH ,. l-l -e uat Tues Jay morning
n..t. ..H l decision upon 'He directions 10
-..--..a sauII he sr,er.