Delegations of Authority - 1905 Term Paper

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They also quoted the same statute to justify the arrest after the defendant had been brought before the court, which thereby nullified the fact that the arrest was made by an unauthorized individual.

A case also cited in this case was; Prigg v. Pennsywania, 16 Pet. 539, 622, 10 L. ed. 1060, 1091; Robertson v. Baldwin, 165 U.S. 275, 41 L. ed. 715, 17 Sup. Ct. Rep. 326 which allowed for the authority needed in regards to a foreign individual being arrested and held in the United States.

Another statute cited by the Supreme Court was a substantiation of the court's earlier citing which was the Revised Statutes of the United States, as 4079, 4080, 4081. (See also U.S. Comp Stat 1901, p 2766. By citing this substantiation the court said that the authority to enter into treaties by the United States with foreign countries. The court also cited Revised Statute 4081 in regards to an imprisonment of a foreign prisoner under sentence of a court that such a prisoner might be lawfully committed.

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In a separate, but related citation, the court found that according to 197 U.S. 169, 176 the court was mentioned in the statute as one of the authorities to issue warrants for the arrest of the individual, and therefore the prisoners assertion that the arresting authority did not really have the authority to hold said prisoner, was an erroneous assertion.

The reason why the delegation of authority was legal was because, ultimately, the prisoner appeared before the court in order for an examination of the case to be conducted. When such an examination occurred it made irrelevant whether the arrest was made by an unauthorized authority.

In 2006, the same authority that held true in 1903 would currently still hold true, as long as the treaty had not been specifically revised to state otherwise, or the relevant statutes had not been revised….....

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