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Story November 3, 1834

Lynchburg Virginian

Lynchburg, Virginia

What is this article about?

Article from New York American details the secret surrender of naturalized citizen W. Pendll to French authorities for a Guadaloupe murder, despite alibi proving his US presence; decries it as unconstitutional kidnapping without legal hearing or counsel.

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Full Text

From the New York American.

Most Extraordinary—W. Pendll, a naturalized citizen of the United States, was a few days ago delivered up to the French Consul General, residing in this city, and by him shipped on board a Pilot-boat, chartered expressly for the purpose, to Guadaloupe.

We understand that the United States' District Attorney, Mr. Price,—who has conducted this business with the utmost secresy—when called on, with a view that legal assistance might be given to said Pendll, before, with his hands bound behind his back, he was delivered, in presence of the Deputy Keeper of Bridewell, (Mr. Kipp,) to the person commanding the Pilot-boat,—refused to give any information as to the place where he (Pendll) was secreted from all persons taking interest in him, or in regard to the authority under which Pendll was seized and delivered to the French Consul. W. Pendll, as far as we could ascertain is charged with having committed murder in Guadaloupe on the 16th of July last. We know, from papers now in our hands, that if a legal hearing had been granted to him, he could have proved, by a receipt of Captain Percel Fowler, of the ship St. Thomas, that on the 16th of June last he embarked as cabin passenger on board the said ship, at St. Thomas, for this place—that on the 1st or July inst. he leased the house No. 307 1g Pearl street, and on the 25th of the same month he was naturalized in this city, and has been a resident here since that time.

We are sorry to say that the whole transaction looks more like kidnapping the person of Pendll, than a legal surrender of him to the French Government. The spirit not only of our laws, but of all our political institutions, has been grossly outraged by Mr. Price's refusing the information demanded by a respectable citizen, not merely as an acquaintance of Pendll, but as a person charged with all business interests. In consequence of this refusal, no legal advice could be afforded him, and this, in defiance of the positive text of the Constitution of the United States. (see Amendments, &c. Article 5.) "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." and of the Constitution of the State of New York, (see Article 7, sec. 7.) "No person shall be held to answer for a capital or other infamous crime, unless on presentment or indictment of a Grand Jury: and in every trial on impeachment or indictment, the PARTY SHALL BE ALLOWED COUNSEL AS IN CIVIL ACTIONS."

What the Constitution guarantees to every citizen on an indictment by his natural judges, is it not guaranteed to us when a foreign power is in question?

Are we freemen, governed by laws and a constitution? or are we slaves, at the disposal of any king who claims us? Shame on us! Let the curse of tyranny fall on us! if we sanction, by our silence, the principle that any of our citizens, let him be the meanest, the most contemptible among us, can be dragged from our shores without a legal hearing, and be given up to foreign tyranny.

We now call on the United States District Attorney, Mr. Price, not only in our name, but, without fear of contradiction, in the name of every American who glories in the freedom and personal safety, which our institutions, bought at the price of blood, seemed heretofore to guarantee; to state, by what authority an American citizen has been given up to the king of France. We call on him to show that Pendll has not been kidnapped, but given up according to law or treaty.

What sub-type of article is it?

Crime Story Historical Event

What themes does it cover?

Justice Crime Punishment

What keywords are associated?

Extradition Controversy Murder Charge Constitutional Violation Naturalized Citizen Kidnapping Accusation

What entities or persons were involved?

W. Pendll Mr. Price French Consul General Mr. Kipp Captain Percel Fowler

Where did it happen?

New York, Guadaloupe, St. Thomas

Story Details

Key Persons

W. Pendll Mr. Price French Consul General Mr. Kipp Captain Percel Fowler

Location

New York, Guadaloupe, St. Thomas

Event Date

16th Of July Last

Story Details

W. Pendll, a naturalized US citizen, was secretly seized and delivered to the French Consul for alleged murder in Guadaloupe on July 16, despite alibi evidence of his presence in New York since June; the process is criticized as kidnapping violating constitutional rights to hearing and counsel.

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