Dows' Case
| Decision Date | 15 September 1851 |
| Parties | Dows' case. |
| Court | Pennsylvania Supreme Court |
The different states of this union, quoad hoc the administration of justice within their borders, the protection of their citizens according to the laws of the state and federal governments, are foreign to each other: opinion of BELL, J., Penna. L. J., 151. Foreign states are not bound to the extradition of criminals, unless by treaty stipulation: 2 Brock. Reps. 506; 10 S. & R. 134, Short's case; 2 Brock. 507. The states of the federal union, as to the extradition of fugitive criminals, are foreign to each other, and have provided for the extradition of fugitives from justice, in the constitutional compact: Vide art. 4, sect. 2, Con. U. S.; 4 Johns. Ch. Rep. 106; opin. of BELL, J., 2 P. L. J. 151. This imports ex vi termini that there is no other legal mode of extradition. Also cited 2 Pa. Law Journal 150; 2 Barn. & Cress. 446; 7 Vermont 124.
Magraw and Seldon, contrà.—In Susannah Scott's case, 9 Barn. & C. 446, where a person charged with perjury in England was arrested in Brussels and carried to England, Lord C. J. TENTERDEN held that in such case the Court would not inquire into the circumstances of the arrest. Mack's case, 3 East 157, and Kran's case, 1 B. & C. 258, establish the principle, that where one is arrested without warrant, or on a defective warrant, the Court will not discharge him, if there be sufficient evidence that an offence has been committed. In Brewster's case, 7 Vermont R. 121, the defendant had been arrested in Canada without any warrant from the authorities there, and brought into Vermont for trial. He objected on the grounds of the illegality of his arrest, but his objection was overruled on principles conclusive of this case. In Viremaitre's case, decided in France, reported in National Police Gazette, vol. 6, No. 36, published May 10, 1851, the defendant, with others, who had been intrusted with the valuables of Count de Caumont, removed them from the residence of the count and disposed of them at auction, and, with the proceeds, fled to this country where they were arrested and taken back to Paris. Before the trial of the cause, the counsel for Viremaitre moved for his discharge, and that he be conveyed to the frontiers of the country, for the reason that the offence with which he was charged, was not embraced in the extradition treaty between this country and France, and that his arrest in the city of New York, and delivery up to the French authorities, was illegal. The Court, after argument, refused the motion.
The arrest was not made by citizens of Pennsylvania. The requisition of the governor of this state, and warrant of the governor of Michigan, made it the duty of the authorities of Michigan to make the arrest. His being arrested without warrant, possessed by those who arrested him, does not entitle him to discharge. The executive of Michigan has not complained of the arrest.
The opinion of the Court was delivered September 15, 1851, by GIBSON, C. J.
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