CH. XL.]
FUGITIVE CRIMINALS.
675
except as other aliens. The intention of this clause was to confer on them, if one may so say, a general citizenship; and to communicate all the privileges and immunities, which the citizens of the same state would be entitled to under the like circumstances.[1]
§ 1801. The next clause is as follows:A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state, from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
§ 1802. It has been often made a question, how far any nation is, by the law of nations, and independent of any treaty stipulations, bound to surrender upon demand fugitives from justice, who, having committed crimes in another country, have fled thither for shelter. Mr. Chancellor Kent considers it clear upon principle, as well as authority, that every state is bound to deny an asylum to criminals, and, upon application and due examination of the case, to surrender the fugitive to the foreign state, where the crime has been committed.[3] Other distinguished judges and jurists have entertained a different opinion.[4] It is not uncommon for treaties to contain mutual stipulations for the surrender of
- ↑ Corfield v. Coryell, 4 Wash. Cir. R. 371; Sergeant on Const. ch. 31, p. 384, (ch. 33, p. 393, 2 edit); Livingston v. Van Ingen, 9 John. R. 507.
- ↑ Confederation, Art. 4.
- ↑ 1 Kent's Comm. Lect. 2, p. 36, (2 edit. p. 30, 37); Matter of Washburn, 4 John. Ch. R. 106; Rex v. Ball, 1 Amer. Jurist, 297; Vattel, B. 2, §§ 76, 77; Rutherforth, Inst. B. 2, ch. 9, § 12.
- ↑ Com'th. v. Deacon, 10 Sergeant & Rawle, R. 125; 1 American Jurist. 297.
