In re Washburn
New York Court of Chancery
D. WASHBURN was brought before the Chancellor upon habeas corpus, allowed and directed to the sheriff of Rensselaer county.
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D. WASHBURN was brought before the Chancellor upon habeas corpus, allowed and directed to the sheriff of Rensselaer county. It appeared by the return, that he was detained in custody by virtue of a mittimus from the recorder of Troy, under a charge of having in his possession 170 bills of the bank of Montreal, of the denomination and x^alue of five dollars each, which had been feloniously taken from some person unknown, and that he had received and secreted the bills, knowing them to be so stolen. The Chancelllob, in pursuance of the act, entitled, It appeared, that a theft had been committed…
1Opinion of the Court
The Chancellor.
It is the.law and usage Of nations, resting on the plainest principles of 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 a foreign and friendly jurisdiction. When a case of that kind occurs, it becomes the duty of the civil magistrate, on due proof of the fact, to commit the fugitive, to the end that a reasonable time may be afforded for the government here to deliver him up, or for the foreign government to make the requisite application to the proper…
2Cited by12 opinions
- United States v. RauscherSupreme Court of the United States · 1886
- Leary's CaseDistrict Court, S.D. New York · 1879
- United States ex rel. Donnelly v. MulliganCourt of Appeals for the Second Circuit · 1934
- Ex parte dos SantosU.S. Circuit Court for the District of Virginia · 1835
- In re McCarthyHawaii Supreme Court · 1886
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