Stephen Johnson Field

“ He is not in the situation of a criminal who has been abducted from a state which takes no interest in his case. His restoration has been demanded by his state, and habeas corpus may be issued either at his own instance or that of the state. This court does not hesitate, on the plea of insufficient legislation, to issue the writ of habeas corpus as an appellate remedy wherever a citizen is deprived of his liberty in violation of the constitution or laws of the United States, and is refused a discharge by other tribunals, and has no other remedy. ”

“ It would not seem to be an appropriate satisfaction to the injured government to exempt a person justly liable to punishment under our laws, where we have no means of giving up to punishment those who have violated its laws. ”

“ It is obvious that such cases stand on a very different ground. It is there a question between independent nations bound by no ties of mutual obligation on the subject, and at liberty to adopt such means of redress and retaliation as they please. But where an extradition treaty does exist, and a criminal has been delivered up under it, he cannot, without violating the treaty, be tried for any other crime but that for which he was delivered up. ”

“ In the case we are considering the prisoner is found in our jurisdiction in consequence of a lawless act of violence exercised upon him by individuals. The true cause of offense to the foreign government is a lawless violation of its territory. But a similar violation of a foreign jurisdiction might be made for other purposes, and it would not be in the power of our tribunals to afford satisfaction. An individual might be kidnaped and brought within our territory for the purpose of extorting money from him, or murdering him. ”

“ Their ability to prevent the forcible abduction of persons from their territory consists solely in their power to punish all violations of their criminal laws committed within it, whether by their own citizens or by citizens of other states. ”

“ It would apply for the delivery up of the kidnapers, but not for the restoration of their victim. It is a special constitutional remedy, addressed by the executive of one state to the executive of another, imposing a constitutional duty of extradition when properly made in a proper case. ”