The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-04-04

CRIMINAL CouRT-ChisJ Justice Cdrfier-This
court was occupied as follows yesterday:
DISCHARGE OF SAMUEL STRONG.
The case Of Samuel Strong, held under a
double requisition from Virginia, was finished
Tho Chief Justice said; In the case OF Strong
who has been arrested on requisiton from the
Executive authority OF Virginia, a motion has
ground that II has not appeared that he is a
| fugitive from Justice In that manner of proof OF
which am bound to take notice. This dis.
haGeas corpus. There Is no question here as 10
Of the State. The question here is soleiyi Is the
defendant fugitive from justicel Two afidavits
have been produced which show that Strong is a
from justiee from the State OF Virginia. On the
contrary 1t is shown that since the time at
he has gone to and returned fror3 virginia, With,
Tho Grst question is: Is this evidence adml,si-
BILE The question was in the Circuit Court Of
the United States, In the Missouri case, before
Judge Mclean, and shall resolve this case in
| the light OF that decision.
1t il claimed by the District Attorney that the
certificate Of an Indictment or affdaylt before a
proper MAGISTRATE implies, II the defendant be
found in foreign Jurisdiction, that he Is a fu-
| gitive from justice.
Mr.. Darlington suggested that he had made q
az IL e" o St u fn SSs distinction
Without a difference; totally immstoriAi. The
s, Sss ,Rs" the at
The Court continued, saying, that the Consti-
tuition and law required that the offender shonld
have "hGd and from the aTisde
weuld be different from what 1t Is now. But the
tiacate of the Executive was conclusive Ell.
from Justice" While His first position was I'm.
MORE 50 ' Sy n1s
sustained IN the taFmuia of these regulations.
si which Ss TIRE i've
alleged fugitive The design OF tho Con stitution
was to furnish facilities for the punishment Of
Republic. But It has left the Chief Magistrate,
upon whom the demand Is made, free to conserve
the liberty of the citizen within his iursdictiaD
Judgment one Is that an iBa,simeat Ss s Ssens
found and second 'tst |. Is found In a sister lu.
@ hound 'S from aoS w a1ysln
or's certificate, hut from an inspection of the
papers, am bound, also, to know that the
a ,S 70 fugitive m trEm Justice And on
amount Of evidence, but of the kind OF evidence.
IN this requlsition the Governor Of Virginia and
made to appear to them. That might have been
very satisfactory to the GoypreoF Of Virginia,
but II does not prove ne fact II Il did no eiti:
lection Of the dOmicil-the guarantee of freedom
from transportation for trial abroad, away from
would take away all the adyantages of home,
The liberty of the citizen of one stale was never
mmItted to the executive of another The faei
that a party has Ned from Justice, ia a. neediul
to be proved as the fact that a arme has been
committed Il iaus not appear to be proved
i.ero, even 10 the ratification OF the Blstrict
Attorney II certainly has not been proyed To nv
sfacfion, and will discharge the prisoner
Mr.. Darlington. As thl9 "a n question of very
great importance, we VIII have another reQuisi-
tian with copy OF the indictment and tho sfii-
dayit as required by your Honor,
Judge Cartier, Very we'll,
MIR. Riddle. We WIN he ready to respond to that
wheR Y oomea,