Whatever the decision-if the proceedings were regular-it would have been conclusive. There could have been no review and no inquiry going behind it. It follows that if McGuire had been held in custody in New York, at the time fixed for his appearance in Connecticut, it would not in anywise have affected the obligation of the recognizance. A different doctrine would be fraught with mischief.
It could hardly fail, by fraud and connivance, to lead frequently to abuses, involving the escape of offenders of a high grade, with pecuniary immunity to themselves and their sureties. Every violation of the criminal laws of a State is within the meaning of the Constitution, and may be made the foundation of a requisition.
The rule we have announced guards against such results. The supposed analogy between surrender under a treaty providing for extradition and the surrender here in question has been earnestly pressed upon our attention.
There, the act is done by the authorities of the nation-in behalf of the nation-pursuant to a National obligation. That obligation rests alike upon the people of all the States. A National exigency might require prompt affirmative action. In making the order of surrender, all the States, through their constituted agent, the General Government, are represented and concur, and it may well be said to be the act of each and all of them. Not so here. Justice HUNT did not sit.
Justice Field with whom concurred Mr. Justice Clifford and Mr. Justice Miller , dissenting. I am unable to concur in the judgment rendered by the majority of the court in this case. I agree with them that sureties on a recognizance can only be discharged from liability by the performance of the condition stipulated, unless that become impossible by the act of God, or of the law, or of the obligee.
But I differ from them in the application of their term act of the law. If I understand correctly their opinion they limit the term to a proceeding authorized by a law enacted by the State where the recognizance was executed.
I am of opinion that the term will also embrace a proceeding authorized by any law of the United States. A proceeding sanctioned by such law, which renders the performance of the condition of the recognizance impossible, ought, in my judgment, upon plain principles of justice and according to the authorities, to release the sureties.
The Constitution of the United States declares its own supremacy, and that of the laws made in pursuance of it, and of treaties contracted under the authority of the United States. As the supreme law of the land they are, of course, to be enforced and obeyed, however much they may interfere with the law or constitution of any State. Now the Constitution provides that " In pursuance of this act the principal on the recognizance in suit was arrested by order of the governor of New York, and delivered up as a fugitive from justice to the officers of the State of Maine.
By them he was taken to that State, and having been previously indicted for a felony, was there tried, convicted, and sentenced to the penitentiary for fifteen years. Thus in the execution of a valid law of the United States, passed to carry out an express constitutional provision, the prisoner was taken against his will from the custody of his bail, and placed in the custody of officers of another State, from whom the bail could not recover him to make a surrender pursuant to the condition of their recognizance.
It is no answer to say that the prisoner, when called in Connecticut, was detained by the State of Maine, and not by any proceeding or order under an act of Congress, because that proceeding or order had been executed, and was no longer operative. He was taken out of the custody and placed beyond the reach of his bail by a proceeding under the act, and therefore to such proceeding their inability to surrender him must be attributed. The case is not essentially different from a surrender of a fugitive from justice under an extradition treaty.
The United States have such treaties with several European nations, and whatever may have been the extravagant doctrines respecting the rights of the States, at one time in some parts of the country, it will not now be pretended that with the enforcement of such treaties any State, by her laws or judicial proceedings, can interfere.
If the fugitive, after his arrival in this country, should commit a crime and be held to bail, it would be a question with the authorities of the General Government whether he should be surrendered under the treaty; but if surrendered it would be manifestly unjust to the bail to hold them to the performance of the conditions of the recognizance.
It seems to me that it would be a more just rule to hold, that whenever sureties on a recognizance are rendered unable to surrender their principal, because he has been taken from their custody without their assent, in the regular execution of a law or treaty of the United States, their inability thus created should constitute for their default a good and sufficient excuse.
The execution of the laws and treaties of the United States should never be allowed in the courts of the United States to work oppression to any one. Footnotes 1 Article 4, section 2. Reynolds et al. Allen, 2 Humphrey's, ; Devine V. State, 5 Sneed, ; State V. Adams, 3 Head. Dennison, 24 Howard, Bartlett, 3 Hill, Van Fossen, I Dillon, 8 Hagan v. Lucas, 10 Peters, ; Taylor v. The Commonwealth, I Bush. Kentucky , 17; United States v. Van Fossen, 1 Dillon, ; Devine V. It doesn't work if you are just good at martial arts and then decide to make an action flick.
They don't have acting school and film school for nothing. I am sure all the people in the movie tried hard and are a great bunch of people but making a good movie is a real art and very difficult to do. Of course if I tried making a movie like this, it would be even worse for all the same reasons.
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Alternate Versions. Rate This. R 1h 20min Action 1 January India. Countless enemies stand in the way of the Sith Empire's drive for domination. Both infamous and anonymous at the same time, Bounty Hunters are far more than mercenaries for hire—they're heirs to a professional legacy—an ancient brotherhood with a glorious history. Tracking elusive targets across multiple star systems requires expertise, especially when the targets can be prominent, powerful, and often prepared for confrontation.
Thrill seekers from all walks of life set out to become Bounty Hunters, but only the most hard-boiled survive in this competitive and deadly business. Few individuals in the galaxy have the gall and the stomach to deliver on the delicate and grim tasks in which Bounty Hunters excel. Nonetheless, no one is irreplaceable in the Empire, and even the most proficient must repeatedly prove their worth.
Bounty Hunters are far from a homogeneous lot—they come from all races and affiliations and each pursues his quarry in his own unique way.
Some Bounty Hunters adhere to the rugged Mandalorian code of honor while others answer only to their own moral compass. Some work only on behalf of organizations they agree with, while others have no sense of loyalty.
Even the Bounty Hunters' employers harbor hidden agendas; the tables are turned quickly when complications arise… and they always do. Shifting allegiances, unbeatable odds, and deadly showdowns are common in the occurrences in the life of a Bounty Hunter. Bounty Hunters come and go as they wish across the galaxy, some working alone, others in groups.
Preparation is the Bounty Hunter's best defense, and cutting-edge protective gear is standard equipment for most Bounty Hunters. Offense is just as critical as defense, however, and powerful weaponry is necessary for any Bounty Hunter who might have to shoot his way out of a messy situation. After taking part in a winner-takes-all Grand Melee, the bounty hunter finally earns the right to join the Great Hunt.
The bounty hunter begins the Great Hunt with a bang by stealing a powerful starship from which no target can hope to hide. But with each target, the bounty hunter must also be wary of Great Hunt rivals who are after exactly the same bounty.
While the bounty hunter forges a path to victory, so does the tarnished Mandalorian Tarro Blood. Declared the new Grand Champion of the Great Hunt, the bounty hunter gets a visit from Mandalore, the leader of all Mandalorian clans.
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