In United States v. Rauscher14 was considered the question whether a fugitive extradited from a foreign country in pursuance of a treaty between that country and the United States covering the crime charged, could, after coming into the custody of the United States, be tried upon another minor offense not covered by the treaty. The court held that he could not be.15

In Lascelles v. Georgia,16 however, it was held that, as to fugitives from one State of the Union to another, this may be done. "The fallacy of the argument [that this may not be done]," said the court, "lies in the assumption that the States of the Union occupy toward each other, in respect to fugitives from justice, the relation of foreign nations, in the same sense in which the General Government stands toward independent sovereignties on that subject; and in the further assumption that a fugitive from justice acquires in the State to which he may flee some state or personal right to protection, improperly called a right of asylum, which secures to him exemption from trial and punishment for a crime committed in another State, unless such crime is made the special object or ground of his rendition. . . . The sole object of the provision of the Constitution and act of Congress to carry it into effect is to secure the surrender of persons accused of crime who have fled from the justice of a time the arrest of the petitioner, and so conduct his deportation from Colorado as to afford him a convenient opportunity before some judicial tribunal sitting in Colorado, to test the question whether he was a fugitive from justice, and, as such, liable, under the act of Congress, to be conveyed to Idaho for trial there."

13 Justice McKenna dissented as to this. 14 119 U. S. 407; 7 Sup. Ct. Rep. 234; 30 L. ed. 425.

15 Chief Justice Waite dissented. See also Cosgrove v. Winney, 174 U. S. 64; 19 Sup. Ct. Rep. 598; 43 L. ed. 897.

16 148 U. S. 537; 13 Sup. Ct. Rep. 687; 37 L. ed. 549.

State, whose laws they are charged with violating. Neither the Constitution, nor the act of Congress providing for the rendition of fugitives upon proper requisition being made, confers, either expressly or by implication, any right or privilege upon such fugitives under and by virtue of which they can assert, in the State to which they are returned, exemption from trial for any criminal act done therein." 17