In re Clark
New York Supreme Court
A habeas corpus was allowed in open court, on the first day of the present term, directed to H. G. Mumford, sheriff of the county of Providence, in the state of Rhode Island, and to J. L. Hays, a police officer of New-York, commanding them to bring before the Chief Justice, at his chambers, John L. Clark, whom it was alleged they had in custody, and to exhibit the cause of his detention.
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A habeas corpus was allowed in open court, on the first day of the present term, directed to H. G. Mumford, sheriff of the county of Providence, in the state of Rhode Island, and to J. L. Hays, a police officer of New-York, commanding them to bring before the Chief Justice, at his chambers, John L. Clark, whom it was alleged they had in custody, and to exhibit the cause of his detention. Clark was brought before the chief justice, and the sheriff returned that he had him in custody, by virtue of a warrant issued by the governor of this state, in the following words: “ Enos T. Throop, governor…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Civilized nations have seen the necessity and propriety of surrendering fugitives from justice, that they may be tried by the laws of the country in which the offence was committed. This matter has usually been arranged by treaty; but where no treaty exists, the comity of nations requires that offenders against the laws of one nation shall riot find a sanctuary in another. In such cases, a state or nation which is required to surrender-an individual who is under the protection of its laws, owes it to itself as well as the individual concerned, to institute an…
2Cited by56 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Kingsbury's caseMassachusetts Supreme Judicial Court · 1870
- People Ex Rel. Jourdan v. DonohueNew York Court of Appeals · 1881
- Ex parte StateSupreme Court of Alabama · 1883
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