or
which he was committed and this prisoner being committed for no
crime and certainly not for any felony his rescue would according
to our law be a misdemeanor only and a misdemeanor of that kind
that the persons convicted of it would be punished by fine and
imprisonment or either of them and not by any other description
of punishment--The Statute referred to provides in explicit
terms that the persons subject to be delivered up under it to the
justice of a foreign country are those only who shall be charged
"with murder, forgery, larceny or other crime committed without
the jurisdiction of this Province which crimes if committed
within this Province would _by the laws thereof_ be punishable by
_death corporal punishment_ by _pillory_ or _whipping_ or by
confinement at _hard labour_." We are not aware whether the laws
of the Territory of Michigan do or do not authorize the giving up
of offenders charged with crimes not embraced in the above very
comprehensive description; but however that may be, it is evident
that the conduct of this and of other Governments in respect to
the delivery up of offenders can be no further reciprocal towards
each other than the laws of each will allow. We express no
opinion except in reference to the statute recently passed here
for regulating this particular matter--We consider the
Legislature to have declared in that Statute their will in what
cases fugitives from foreign countries should be surrendered; and
we have therefore considered whether the persons in question as
they are not charged with murder forgery or larceny could upon
the facts before us be convicted of any other offence punishable
at hard labour--We apprehend they could not be but that the
offence of which they might be convicted would be punishable by
fine and imprisonment merely without adding "hard labour" to the
sentence. Riot, a Battery of the Sheriff in the execution of his
duty, and the rescue of a person legally in his custody but not
charged with felony or other crime are the offences with which
upon the statements before us they are liable to be charged:--and
all these are offences which in the known and ordinary
administration of the law in this Province would be punished in
no other manner than by fine and mere imprisonment. Instances