Reading Time: 3 minutes [361 words]

THOMAS COOPER. 805

eountries of the other, provided this ghall be done only on
such evidence of criminality as, aecording to the laws of the
place where the fugitive or person so charged shall be found,
would justify his apprehension and commitment for trial, if
the offense had been there committed.” If the President,
therefore, by this treaty, was bound to give thia Nash up to
justice, he was so bound by law; for the treaty is the law of
the land. If so, the charge of interference to influence the
decisions of a court of justice, is without foundation. The
reason why thia article was inserted in the treaty, is evident—
Murder is a crime against the laws of God and man, and
ought never to be committed with impunity. Forgery is an
offense affecting all commercial countries, and should never
go unpunished ; and therefore every government, especially a
commercial one, acts wisely in delivering fugitives guilty of
such erimes to justice. Nash was charged with having com-
mitted murder on board a British ship of war. Now a dis-
pute has arisen whether murder committed on board such a
ship of war, was committed within the jurisdiction of Great
Britain, I have no doubt as to the point. All vessels, whether
public or private, are part of the territory and within the
jurisdiction of the nation to which they belong. This ia ac-
eording to the law of nations, All nations have this juris-
diction, and the reason is obvious, for every country carrying
on commerce, is answerable to other nations for the conduct
of their subjects on the ocean. Were it not so, crimes com-
mitted on board vessels of war would go unpunished; for no
other country can claim jurisdiction. This person, then, was
charged with murder committed on board a British ship of
war. I say it was committed within the jurisdiction of Great
Britain. By the Constitution (since the treaty is the law of
the land), America was bound to give him up. But who is
the person to deliver up a fugitive according to that article
in the treaty? The President was the only person to take the
proper steps, and to take cognizance of the business. He rep-
resents the United States in their concerns with foreign
powers, This affair could not be tried before a court of law.

Related Posts