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"However inconvenient this may be to the authorities of the
British Government in the present instance, the inconvenienc- -es are obviously reciprocal and inevitable. The two Govern- -ments have by treaty agreed to make the question a judicial one; and they could not do otherwise; for the Government of the United Kingdom is a constitutional one, as well as that of the United States; and in both countries the writ of
nabeas corpus presents itself as the safeguard, in the hands of the judges, of individual freedom against all possible encroachments on the part of the executive.
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*One thing only, it seems to me, can be done in behalf of the
British Government. Mr. Crampton may, undoubtedly, cause a
new complaint to be entered against Calder, and apply for a
new warrant of arrest, either with or without a new mandate
from the President. Celder has not been tried. He has been
examined by a magistrate, and the evidence is adjudged to be
insufficient to justify his extradition. But, upon a new complaint, he may be examined anew by the same or by an- -other agistrate, and the exhibition of additional evidence may lead to the conclusion of his criminality and the
certificate thereof to the President." - Vol. VI, Opinions
of the Attorneys General, pp. 96, 97.
One uller was wanted in Prussia for an extraditable crime but was discharged by the U. S. District Judge before whom the proceedings were begun, on the ground that the evidence of criminality was not properly authenticated; this ruling being contrary to a statute of which the judge was manifestly ignorant. The Prussian Minister complained and the Secretary of State asked the Attorney-General to call the judge's attention to the case with a view to obtaining an explanation. The Attorney General declined to do this on the ground that the Executive had no power to call on the Judicial branch for such an explanation,
but said:-
But