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+ | in the letter from which the above extract is made, there can be no doubt. To establish this, it is only necessary to refer to the obligations that would have rested on the states in regard to this matter and the rights and powers they would have possessed, had they parted with no portion of their sovereignty, and the alteration made in their circumstances in this particular by the adoption of the Constitution of the United States. By the laws of Nations it will be conceded I apprehend, that if a citizen of Georgia were to Commit an offense against its laws and escape into Maine, there would be no obligation on the part of the latter to deliver him up on demand. Had these States remained independent sovereignties, this might have been provided for by treaty stipulation. But if a citizen of Maine were to enter the territory of Georgia & violate its laws and then return to his own State, the State of Maine would be bound to surrender him or make a recompense for the wrong, and a refusal to do the one or the other of these things, would in certain cases be a just cause of war. It would be no excuse to say that the accused denied having committed the offence; or, that if he did commit it he was just about to return on his homeward journey at the time; or that he departed the territory of Georgia before accusation was made against him, and that he was therefore not a fugitive from justice and that he returned by the accustomed route, and since his arrival at home had |
Latest revision as of 19:33, 28 March 2019
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in the letter from which the above extract is made, there can be no doubt. To establish this, it is only necessary to refer to the obligations that would have rested on the states in regard to this matter and the rights and powers they would have possessed, had they parted with no portion of their sovereignty, and the alteration made in their circumstances in this particular by the adoption of the Constitution of the United States. By the laws of Nations it will be conceded I apprehend, that if a citizen of Georgia were to Commit an offense against its laws and escape into Maine, there would be no obligation on the part of the latter to deliver him up on demand. Had these States remained independent sovereignties, this might have been provided for by treaty stipulation. But if a citizen of Maine were to enter the territory of Georgia & violate its laws and then return to his own State, the State of Maine would be bound to surrender him or make a recompense for the wrong, and a refusal to do the one or the other of these things, would in certain cases be a just cause of war. It would be no excuse to say that the accused denied having committed the offence; or, that if he did commit it he was just about to return on his homeward journey at the time; or that he departed the territory of Georgia before accusation was made against him, and that he was therefore not a fugitive from justice and that he returned by the accustomed route, and since his arrival at home had