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maintained. If there be a perfect right to demand in any
case which cannot be denied without injustice, the claim of
Virginia cannot be resisted, because the partiee demanded
are accused of an act highly criminal by her laws, and the
usual forma necessary to render the demand perfect, have
been complied with; and if on the contrary, the practice has
been predicated solely on national comity, there are no
governments among whom there exists a stronger necessi-
ty for the observance of this courtesy, than the States of
this union.
But it is said that this light extends only to those cases
where the acts complained of, are recognised as crimes by
the universal law of all nations; and as the present offence is
not treasonable, felonious, or criminal by the laws of New
York, the demand cannot be successfully made. This
ground assumes that the constitution confers no greater
rights in matters of this kind than the States would have
possessed if that instrument had been silent on the subject.
It also assumes, that the nation to which this offender has
fled, may judge of the character of the acts complained of,
and determine whether they constitute a crime or not, and
the place where they are or are not criminal. And it
would lead to this conclusion that a State need not aid in
maintaining the supremacy of the law in a neighboring
State, unless she herself may derive some benefit from the
proceeding. What is the law of nations on the subject?
"Whoever offends the State, or does it a prejudice in any
manner whatsoever, declares himself its enemy, and expo-
ses himself to be justly punished for it. If the offended
State has in her power the individual who has done the
injury, she may without scruple bring him to justice and
punish him. " While the offender then remains in the na-
tion, whose laws he has violated, there is a perfect right to
punish him according to its laws, and the nation of which
he may be a citizen, cannot complain. Why ? Because
whoever enters a nation, submits himself to its jurisdiction,
and tacitly undertakes to respect its laws and institutions.
"If the offender has escaped and returned to his own coun-
try, the offended nation ought to apply to his sovereign to
have justice done in the case, and since he ought not to
suffer his subjects to molest the subjects of other States, or
do them an injury — much less to give open, audacious of-
fence to foreign powers — he ought to compel the transgres-
sor to make reparation for the damage, if possible, or to
inflict on him an exemplary punishment; or finally, accord-
ing to the nature and circumstances of the case, to deliver
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