a decided to include the case of a person forcibly brought within the jurisdiction (Reg: 1. Lopez and Ray: Sattler 1 D. & D. Crim Cx: 525.).—
There is no doubt that in the absence of any treaty or tradition, every State, although under no obligation to surrender foreign criminals, has the right to do so, and many states have exercised that right where the crime has been of a heinous character, as in the case of the surrender of Arquelles by the United States Government to that of Spain in 1864.
— Dut Great Britain and the United States having specifically agreed by Treaty as to the particular circumstances under which the mutual surrender of criminals shall take place, it appears to me that no application for the arrest or detention on extradition of American citizens within British jurisdiction be entertained, founded on the general comity of nations or anything dehors the Treaty.
The prisoners in question seem to have been handed over to the police authorities of the Colony upon a charge which nobody at present is forthcoming to substantiate, and there can be no doubt that if they were to take out a Writ
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