On Foreign Jurisdiction And the Extradition of Criminals

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On Foreign Jurisdiction And the Extradition of Criminals
Sir George Cornewall Lewis
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The system adopted by France, Belgium, and Switzerland, is to deliver up fugitive crimi- * viii. 6, 12. This is the passage which Story, Conflict of Laws, p. 87 9, states that he could not find.
t The opinions of writers of authority are collected by Foelii, § 608; Mohl, p. 508-512; Story, ib, p. 878.
X See I Wheaton, 160.
38 ON FOREIGN JURISDICTION, nals only for serious offences, not being of a political nature. These countries, likewise, strictly maintain the exception of native subjects.* W
...ith respect to England, Lord Coke long since laid down tl^e general doctrine that it was a part of the laws and liberties of a kingdom, that fugitives were not to be sTirrendered. — 'It is holden' (he says in his Third In* stitute)^ * and so it hath been resolved, that divided king- doms under several kings, in league one with another, are sanctuaries for servants or subjects flying for safety from one kingdom to another ; and upon demand made by them, are not, by the laws and liberties of kingdoms, to be delivered.'t A.nd he cites, in confirmation of his posi- tion, the following passage from Camden^s History of Queen Elizabeth, referring to the year 1584: — The Lords Paget and Arundel, being come into France, Sir Edward Stafford, the Queen's ambassador there, diligently ob- served them, yet could by no means discover what they were contriving.

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