ALIEN FUGITIvEs FROM JUSTICE.
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''It is the law and usage of nations, resting on
the planest principles justice and public utility,
to deliver up offenders charged with felony and
other high crimes, and fleeing from the country
in which the crime was committed into foreign
and friendly jurisdiction. Where a case of that
kind occurs, it is the duty of the civil magistrate,
on due proof of the fact, to commit the fugitive,
to the end that reasonable time may be afforded
for the Government here to deliver him up, OF
for the foreign Government to make the necessary
application to the proper authority here, for his
surrender. Who are the proper authority in this
case! Whether it be the Executive of the State,
or as the rule is international, the Executive au-
thorty of the United States, the only regular or
gan of communication with foreign powers, it is
not now the occasion to discuss: it is sufficient to
observe, that if no application be made, and duly
within reasonable time, the prisoner
will then be entitled to his discharge upon habeas
corpus; whether such offender be the subject of
the foreign government, or citizen of this coun-
try, would make no difference in the application
Of the principle.


The 9Th article Of the treaty of 1895, with
Great Britain, which provided for the delivery of
charged with murder or forgery, was
only declaratory of the law of nations, and is
equally obligatory upon the two nations, under
sanction Of public law, since the expiration of
that treaty, they were before.--John's c. K.
| 1O8-Uashburne's Case, Chancellor of Ne,v
York, 1919, Hol. 2, 322, EHiot's Dip. Code.