The New York Herald Newspaper, July 29, 1852, Page 2

fm aaimions of the said Queen, called Ireland, did, on @zabout the fifth day of April, in the year one fhousand eight hundred and fifty-one, a¢ Cale aferesai?, and within the jurisdiction of the sai en. feloniously and maliciously fire a pistol, load- with powder and lead, at ono James Balie, with the intent to murder him, and thereby, then and these, did wound tho said James Balfe. And that the said Fhomas Kano, or Kaing or Cain, is a fugi- five from justice in relation thereto, and is now egmewhore within the jurisdiction of the United Mates Court tor the Sonthern District of New York. We, therefore. command you forthwith, to take the said Thomas Kane, or Kaine or Cain, and bring bia Before me, the said Commissioner, or any other magistrate, to the end that the evidence of erimi- mality may be beard and determined, parsuant to be treaty aforesaid. Witness my hand and seal, this fifteenth June, in the year one thousand eight. hundred and fifty two, and denes of the United States of Amer a@ixth. (Signed) Joserm Brine Waited Stairs Commistioner District of New Yo Obarles Edwards, Att ‘Phe second was # and seal of the same otiicor, 1852, ne follows :—June 17, examination. Joseph Bridg i». .L sioner, and afterwards a commitment, June 29, 1862, of the tenor followin, United States of America, S 8 Wew York, #s.—In the maiter of Tomas K i been heard befi Majesty's Consul t ew York, that the ead Maine be com: for the purpose of being delivered up as 2 fugitive from justice, purseant to the provisions of the treaty made between the Brited States and Great Bri Augnst 9, 18i2. 1 find and adjudge that the ev produced against the cnid Knire is sufiicient in law t tify his commitment on the charge of assault tent commit murder, had the crime been committed with- im the United States. Wherefere, I order that the said Thomas Kaine be committed pursuant to the provisions of the said treaty, to abide the order of the P. ent of the United States in the premises. and seal at the city of New une, 1542. Josern Bringwam, [1. “ District ef New York. ae Directed to the Marshal of the Sonthera District ef New York. 2 Messrs. Brady, Busteed and Emmet appeared in eourtas connsel ‘or the prisoner, and calmed his dis- ebargo from arrest. $i o8 Mz C. Edwoerds appeared as cowasel in support of his commitment, and moved that the writ of habeas eerpusbe discharged. He took tro grounds of ex- jem to the competency of the Judgo:—First, wat he had no authority to order the hades corpus returned into the Cirsuit Court, or to set-aolely in rt, and adjudicate upom the subject; and, second, That, ther the prisoner was rightfully. imprisoned and porate, 2, his By) wrety pees tions submitted by the law of the land to the deter- mination of the Bresident of the United Stataa ox ~mY. Brady moved for leave to traverse the Mar shal’s return, and te that end offered to file a tra- Verse of the tenor following :— ©LONTIABEAS CORPUS TRAVERSE. understood as having rela and not a judicial one doubs newly vere ster, are not to bo understood ag sn appollate oe ontrodtin power over the judiciary ; but if they imply a might in that department ibe i have been in the manner pointed out by delivery. of a fugitive, atter it shall ad by 2 mog'strate that ent to 3 1D muet be to @ political power, agony of policy, and no he ort and act ef Congress, cartifios the evidence of criminality i the charge against him, Ri dissovel minality of 1 toroinse the ¢ 0 de, in no ify the proceedings bi er of & tribunal of the courts and judi: to ing is no way subordinate to, ¢ exoenutive 4 subject m: the proofs apon whieh he or: a the commitm These have been the mein topics this protracted hearing. lt wos my: du the argume: rate consideration; his jurisdietion other superri: than to ti facts was legally admissible, regard either error or irregul conducting the preceedi t nation. Thess posi be loped, with referencs to the 2 u ties upon which they are based. Butias noties wil be taken of matters not strictly within these points, itis proper to advert to the manner in whieh the caso is presented on Woth sides. On the part of the prisener right is o ed to file a formal traverse to the return, and offer issne upon srermant that no requisition has been made by the British caine American goyernmeat for, the surrender of th soner—that the Commissioner who directed his ar rest is not amagistrate, within the moaning of the treaty, and waa never duly appointed or au- thorized to take cognizance of tho proceedings against the prisoner, under the statrte—that no legal evidence was adduced to the Commis- sioner to show that the prisoner could ba law- fully demanded of eurrendored ander the treaty, or thet he was guilty of.any offence described in the treaty. Thera is no statu’ ctions courts or offices: wed Gsates in. Sst Charles 2d, may be referred. to. for 2 de- séription of causes of detention, against which. re. lief:is afforded by the writ, (3 Peters, 202 Watkins? cases) and if it might also supply a fitting rate of ha corps, S corps, evidence of theze’| Themas Kaine traverses the return made by the Mershall of the United States, and states that taere- has been no requisition made by tho British on the American goverament for the surrender of said Kae. That Joseph Bridgham, Psq , by whom he was directed to bo arres'od and has. been committed, | is not a magistrate within the meaning of the treaty, ‘wader which said Bridgham professes to have acted, mes was he ger! tb oie rece % take @egnizance of the proceedings against said Kaine. Aina the said Kaine further states that no legal evi- donee was adduced to said Bridgham to show that mild Kaine oould be lawfully demanded or sarren- @ered under.the treaty above mentioned, or waséver guilty pf any offence desigmated or included in that ity... And the said Kaine insists that neither the warrant hor commitment iseued by said Bridgham abows facts establishing any jurisdiction in him over the coh Pease seid Kaine. Dated July let, wend ‘And to p ico the avidence, oral and doru- ‘mentary, which had been presented to the Commis- sioner on the hearing of the application before him. _ OPINION OF JUDSE BETTS. , BETTS, District Judgo.—It was assented on both wides that the evidence before the Coramissiener, and the traterse offered at this hearing, should be con- sidered as provisionally before ths court, to enable the a to discuss the legal relevancy and effect pthran artymecnr and, also, thot it might be de- , important to the merits of the’case, in what manner and to what oxtent the prisoner might we-exomine the docision of the committing officer. ‘The papers were received, however, with express a to the counsel on both sides, that the court id hearno argument upon the question of the lt my megs of the het a sd the ha ged. against him, nor upon the policy or propri- ety of his extradition from This eountry to England. In thie pease of the debates, there could be no o2- oasion for the excited temperament of tla auditories whieh thronged tho court during the period of the argument, end ‘t is to be deplored that the manifes- tations with the crowd to resist the detention of the Prisoner, should be such that the Marshal reported fe the Court he could not venture to remove him from prison, in obedience to the writ, without the aid of an armed force. The personal attendance of the prisoner was not indispensa le, nor wasit deomed 80 important e# to warrant the hazard of the conse- quences which might attend hi: production in cour’ With the writ, the danger not being that he would De concenledor substracted from the command of the writby the power which caused his arrest, but, on the contrary, that he would be rescued from tho curtody of the jaw by a mob. The polats upon whieh fost, strees was laid in the argument, wero first, the prel'minary objections in support of the arrest, that @ District. dudge of the United Stater has no power to holda Gireuit Court; that be der a writ of habeas corps allowed befor be roturned inthe ( i the treaty With G: re! Aughet I erred upon ie ecutive Department solely," ta determine whethena prizoner arrested ae a fugitive from jus- fice, shalive delivered back to the country from which he esonped, and that the jadiciary @oguizance of the subject. J do tended oonsiderati Cirewit Conrt is es preme Court ond authority i*riven court imthe absenge of th according to the laws of the place whore tho ti the crime or offen the respective judg to governments sb authority upon com prasticss there is no privilege given'e prisoner by it ‘0 ecntrovert the return toa habeas corpus by pen ding or otherwise. The Act ef 56, George,3, au- thorizes the officer or court to examine into the cause of commitment and the truth of the iaets al- leged on the return, but it i8 confined to eases ether than of a criminal character. The statute of this State, and various other States of the Unions adopt similar regulations in criminal eases, (2 Kent, 2 and note,) but some of those acts govern courts of the United States. The proceedings hero must as- suredly be in conformity with the rules of the com- mon law, and they deny a prisoner the right to tra- verse the return ton writ of habeas corpus or de- mand an issue on the legality of his commitment:— (Ba. Ab. bab. corp. B.11. Ingersoll on bab. corp. 15,16. 1 Hill 659,650, Caven’s notes). The 2 offered with that object cannot therefone be po pe or acted on by the court as » pleading in the esse. Still the prisoner has subetantialty the same protec- tion he could expect by way of proceeding, beceuse he is allowed to prove on the return of the writ 3 by the return itself or evidence alienda, that the com- mitting magisieate had no authority to act in the matter, or that there was ng legal evidence submit ted to him, which tended to criminate the accused. 3 QOranch. 458. Buford’s case 4ib., 134. Boman Swartwout’s case, 5 Hon. 176 Bletrgen's case.) The first. objection to the competency of the Com- missioner is, that he is not an officer named and em- powered by tho treaty, nor the act of Congress, to arrest 9 fugitive from justice or ender his commit- ment, or if he is comprehended with the donomina- tion of officers referred to by'the tredty, the treaty of itself gives him no autherity to act in execution of its provisions, and that the act of Congress affords no aid in that respect, not being adapted to carrying them into effect ; and if the descriptions | in the act of Congross may be understood a: apply- ing to the Commissioner, yet the whole act is reid, because not. in consonance with the treaty but on the contrary contemplates and provides for subjects out of the province of the treaty compact Although these objections were dwelt upon wil great fulness and earnestness on the argument, I do not deem it nece: to discuss them jn any consi- derable detail. ‘he treaty arrangements are brought into the discuseion in many points of view, that it will tend = clearness to the sabject, to set forth the 101 ‘ne by thom, or reons who bein ‘son, OF robbery, ox forgery, or the uiteran od pa- per, committed within the juri hall seek ay asylum or shal! be found, wil territories of the other; provided thit ¢ only bo done upon such evidence of criminal ag, tive or person so charged shall be fouad, would ju tify bis apprehension and commitment for trial, if k committed; and t for the apprehension of the fugitive charged, ‘that he ney ho lirdu jadges or other magistrad ity may hy suring, the &e. the court says, “‘ whore a treaty is the law of the land, and ae Hs efiects the rights of parties liti- itbhold | gating in courts, aah Sehts, and is as much to be regarded by the court, the treat; as an act of Congross. pa sent says, ‘‘ our constitution deslares a treaty to 1 i urts ef justice as equivalent to an act of dno Pepiclakues whenever it acts of itsel?, with- out the New York Legal Obs f and In a more recent caso, in which o fugitive from jns appeal was mi corpus, to Ai grounded hin tbat the courts of itions, may be received in evidenco of the criminal- ity ‘of the merton 30 apprehended.” ‘The authenti- i these 5 ‘ iti eating evidence in this case was prima facie sufficient that treaty as much 2 In the other, the cour be the aw ofthe land. It is consequently to be regarded and deposition, and that with the corroborative evidence produced. was pertinent to prove the crime charged, and that it was committed by the prisoner, and this court his no capacity in law to decide that the magistrate determined these points erroneously. In'my opinion, accordingly, the habeas corpus must be dismissed, even if the commissioner had no ju- risdiction in the matter, other than what be derived from the treaty, becanse nothing was done before him in any way conflicting with the direc- tions of the statute, and because the provisions of the second section of the act, apply as well to a magistrate acting under a treaty, asto tho officers distinguished by tho statute, and givo to the eopy of the original deposition tho same et ag the origina! would have had in law aid of any legislative provision.” (5 rk Le Dbatcer, 87, roe cased cited.) d_in this country by warrant of an uédge, under the French convention, je to the Supreme Court for 2 habeas barge the prisoner; and the counsel fin his argument on the position the United States, and the judges e: » m0 powers of.a judicial 93 a0 jurisdiction except upon them under the au S arrest thority of the con fC in thi But, in my opinion, the ty of the constitution, by act of Congress; and, | if made in this country. But, in my opi 4 tha dhet his rgument, the counsel urged it as 2 | Commissioner comes under the description of officers itish yoke of iron. ey ‘of dod? Would you not obey God rather chan man, for God will pot do justice to your elected ? ice is right. and a cate ; therefore, take up the arm of God, to fight against the malicious spirits spreaded in tho. ai ‘0 men without God’ tothe demonical conclusive consideration that the oaly ground upon which tho claim of jurisdietion was rested, before and by the district judge, is that of the treaty stipn- lations with ee, and the means by which he quired jarisdiction on'application addressed to him by the diplomatic agent ef the French government. The Attorney General, in bis reply, disenesod this position; so that the point was brought directly to tho of the cours. ‘The court, in delivering inion inthe case, commenced by reciting the provisions of the treaty, and advoriing to the ob- jection ‘that the treaty, without the aid of legisla- tion, does not authorivo an arrest of 2 fugitive from Wrance, however elearly ‘the ctime may be proved “gone ous of, and beyond, the stipulations of the named in'the act, and all the proceedings before him were fairly within its province. Before stating the reagons for this conclusion, it is proper to advert to an objection raised on the part of the prisoner, at Congress, in the enactment of the statute, has treaty. and the treaty being the supreme law of tho land, the statute becomes thus nugatory and yoil. 1am not able'to discover such discordance between the two laws ng that one must necessarily displace the other; on the contrary, I think they substan- tially coincide in those particulars upon which both operate, and that the differonces between the two are no more than that the Legislature has extended its enactments beyond the provisions of ness, ign in England Tating Thomas Kaine fron the dovilich yoke of Tyra let tibulation’s iron hand be upon | your heads—and upon the head of Anthony Barelay and upon the head of Mz, Edwards, You shall be treated rigorously after your death in the world next: this. aad PDO | the law of nations. ee it. fied, if the com rities of Creat Britain, fer their appliontion, under | ment of ite Judges and magistrates; and exeopt the treaty, in the first Instance to a judgeor magix in, capital cases of extraoriltznty inpertane, they trate; end that the judge or magistrate may there- also relioved the United States Jadges of that duty. pea pe be matter, without any come | in this district. I} is belierad such owas. the caso catio) i Ls ing no other evanie hereturn and the, requisition address Britannic M md aiatpteeserie is to he opin had given no instraction or request that the sal should be acted wy it is my opinion the authority of tho commi to take cognizance of it, on the application to him, was complete by powor dictional t in tho case, although the subjest matuer he withm his general jurisdiction as the y hear it, and that is evidence that the crime out by tho treaty had heen committed to a judge or magistrate, stood the opligati and means article, by whieh “It is | Nodoubt, agreed that the United States and her Britannic Majesty shall, upon rautual requi their ministers, officers or authorities, respectively made, deliver upto justices all charged with the crime of nrurdor, or eseault wit! intent to commit murder, or piracy, or against him; that the treaty provides for a surren- der by the executive only, and not through the in- strumentality of the j } power,’—answer, that “the mode adopted by the execati a the present ease, ssemsto he the proper ono. Under the provi- sions of the constitution, the treaty is the supreme law of the land, and im regard to rights and rospon- he treaty. The inquiry, consequently, is not which pathos aitinh pre Mail: if both cannot be executed, but whether Congress ie debarred by the existence of 2 treaty from adopting more and more enlarged regvations upon re se ey Stn r ou oo T vegislature, it i c biatived, is) it and ‘infra-territorial, rie 4 : it wbol on sibiliti owing out-of it, it my become 2 subject | observed, is wholly domestic ant terri of judicial eognizance. fe surrender 0} vos es not assume to interdict or diminish the judi i 4 . Tho surrender of fugitives | and does n ; di th x matter of conventional arrangement as no such obligation is imposed by Whether the crime charged is sufficiently proved, and coines within the treaty, are matters jor jndicial decision; and the executive, when the late demand of’ the surrender of ble a was made, very properly, as we suppose, referred it from justice between Stati statement of the action of Congress would, of itself, sypply an answer to the objection. It is incontesti- bly within the competency, and at the diseretion of Congress to provide by law for tho extradition of criminals escaping from foreign countries to this, without: Mt gy to any reci - at obligatics, ca ne j judicial officer, The arrest | part of thy home country of the fugitives toy S03. Coie Ri wer the committal of the Bocuse Ths ie cs dg Pomentls bale fas ThA nse, ive, seems to bo visic e 3 thertanat per oe Pinte ae £ giving tories, or to reeconvey them to the country rides effect to the treaty.” (5 Hon. R. 176. Metzger’a | Which they fled, as may be most consonant wit! a ease.) 1 find no authority controverting the rule Becurity or interests ; and no one te araesior she laid.down by the Supreme Court in the above di right of the government to enforee suc} ‘ Ey wi ns cisions, other than a decision by a State mi Mg our own dominions. - Had this statute directe i : in the case of Metzger, on habeas corzus, discharging | delivery tp on r cisethou, or the expulsion will ou! him from the warrant issued by the Procident for | demand, of British subjects, guilty of ofher mes his extradition, and setting him.at liberty, beewuse | committed abroad, than those enumerated in the of England. The demons deserve nothing but notbii Would you be the slave to iron eal English, States District Court, nearlyall day, They were discus- sing the merits of the care, and some ragged orators were instilling into the minds of their hearers that tho 4 s Tandlord in Ireland who evicted u tenant deserved to bo to justify the Comwmissioner receiving the complaint | 54, New York, City Hall, . The let- eto liberate ‘Thomas Kaine from the Would you do for the boner and In Goa jus: men who are nothing but dust ond N nthority has a right to deliver nment and iron demonical 4) il who bee roke of ord Go Will you obey the If no THE PROPHET. Our Dankirk Correspondence. Trip Over Lin Duy«rax, July 25, 1852. he Evie Railroad—The Crops along the The Scenery—Appearance of Dunkir fo. I have got thus far on my journey to Lundy’s Lane, and, being quite refreshed by a six hours’ sleep, and a swim in tho placid waters of the Brie, I settle myself, to give you an account of what I have remarked since J left the great metropolis. at half past six o'clock yesterday morning. The Erio Railroad, by which I travelled, is an excellently constructed road, though its engineers must havehad | hicle of news. as any ether paper. to contend with natural obstacles which might be deemed almost insurmountable. gauge, the cars are large and comfortable, an1 the motion easy. A large extentof its course liesamong lofty mountains, now dark and forbidding with the gloomy pine and hemlock covering them from base to summit, or oceasionally presenting a still more repulsive aspect, with these treesdemolished by the woodman’s axe, or by fire, and here and there some giants, who had escaped the general destruction, standing, spectre-like, in savage loneliness, among tho blackened ruins. led through districts where, tho sides of the moun- tains had b Tt has a six foot Occasionally, too, we travel- een subjected by the hands of these - a — ; oY 6 Conan = : se uted Court. Wi apes o> amen ralesof construc } i ‘ section of the act of 1513 t bo it. “44 Ofanch, go77) And bo tion, the WE EXTRADITION OF THOMAS KAINE. ret Oe 7 Totecare 4 ma Tho'Ei hell sareute en spelainont of Commer to * EE eee Peet 5 Peta 103, SC: ‘ Acommi: Der. difficalvy in supre- | be fone fe jar cases oceur, I suppose itstill might IIE. MEXICAN BOUNDARY COMMISSION... - acgamggeices sent? alma iene rae | Sat eS nasa eg | Ryne gai thot me ran np adit ae Gates | wa esac 2 Se ae peer And after it is awarded it carries wn! a $ the United States, bacause by such | the Commi r is an officor empowered by | designate by a standing rule tian anor to thng | Xeply to the tion of f 2 of 1 law. (4Graneh, 75; | ers against the 8, | jon is | the statute to take of the matter, inas- } orany one of them, rn ba voluminous decuments relative to. of the Case for Another Week, ie at common f the subject, it {9 | functions himself a magistrate. The ion is he sedond section | ‘end, and such permancnt designation would be no | fe Nosican Boundary Commission. Mearnnat . Petors, 201.) {n ihis vier igsues im aid of an ag- | one of-widest signi@eancy, embracing every func- | much as ae i" proot Tess eflacious than if rvterated on the happening of | “ge Wuurn eld abe groat delay in tending om doen es Ore unimportant whether the Wry its original ausbor- tionary, from the chief of the government to the | seems to be im) ty that tho. mode. 6 bak ease calling for his action. Butit needless ments had the effect of preventing thels printing at States Cireute Court. ate form of the court, or by its origi she ' “subaltern concerned in carrying the laws | authorized there ape limited to the particular _ every ca: Teac. rabjects Com the ralo | fusrion, ‘Many of the papers were important, however; ancien Hen, Judge Beste. jnaemueh as it is @ process which may om! papal gave (Webster's Dieti -} Biss, | offenzes wamed by the statute. “In every case of | to Court with the the verms of , Lam | and he moved the report be referred to the @ommittee om Jn the Matter of Thomas Taine —On the fret | ain mo court, and is not simply. 2 i Bis et 0 7; Burne’ Justicg Voces, Sims” case, Bu- |, complaint as. aforesaid,” are terms of reference con | of tho Court w ion that the Commissioner in this | Printing, in order that selections may be made for inst., a habeas corpus was allowed by individual te. The. svurk beving.1,,219 ef, 356-7; Burne’ Jastieg Fee tas iesl, the sahject matter of the two sections, and | clearly of opinion take cognizance of | printit ined States District Indge, direct the Mar power grant " etapa siete — pay ih perth th OPI arnt Stl ve waded, oa? heey phe waht | Ey case Tecms Panaonney thers. ae — es papers relating oh atta from the ining spied Lees ot ee me 2 caso Bein in cunt gto: ere Kitaeelf persoa- | Feforre to, constitute them magistrated, within tho | dence of the intention wide tes, | duced before him legal evidonce to prove all the int of te bo and a itis said, with the cause ble in court, inwtend GP WelEre eCours’| manifest itnport of the treaty. ‘Tho act of Congress bacchery fever tS eae eae er itety | facts necessary tothe exercise of his jurisdiction | Point of th moved thicir reference to a select commit of and eer jee ., (3. Black. Cons, 13) peo fA "12,4848, gives to United States and'| Tho title to'the aot denotes a broader, purpose, on: th Whether those be produced solely | to cu) fess such parts as may be important at Circuit Com ioe te cine, Ac; | PHBE BE the Ee 10 Bn oD oe ae | cL aAaeGets andcereais commissioners powerstoex- | that the statute was not enacted with a view to com. ever the caso. Whether those be produged solely] to cull ‘ited of Now York, forthwith todo and reccice As | trict judge, this eguese was taken, to help to obvinto | State ions in'this respeet, but, omite |'municate jurisdiction to the varioue judges and | under the suiborty Of the Tea sth important | “ale Rese followed tn favor of Mr. Gwin's motion, Sos Sloe ashe hobs is | SPP slag tet | in ra epg aot ine Gant | Sey "te rots sect you fom fhe | i rhein ye | wove et ater aa r fort b A; i . , t come’ ¥ be charac ann} the po fed, DY, ject; and there being before him legal ¢ ; virtue of ¢ warrant and commite |. 22 not dacistied that in the ‘present i there | missioner, or statis no authority | treaty. It is “An act for giving, effect. to, certain gubje 3 and there offence charged against | the substitution of another. ” ca of which wore annexed to the. writ, and |. 50.14 to any differonce available to cithar party to | these,specified by t wor tyt ay the treaty. | treaty. stipnlations between. thie and. foreign go- | tending to prove that the the: treaty wasecom-'| , Mess. Goren and Pearce agemted. the Secretary i ‘\in-eourt. i ducted by, the judge in ane | inthis case except that imparted by ‘ . hension: and delivoring up | the , and named in the Y> from any blame for delay in sending in these ‘papers. that by 4 produced the original thereof | have the proceedings conducted by, the | This position of the officer presonts two eonsidera- | vernments, for. the appre! i mite the writ of habeas carpus called in | ““\ivorturther debate. the subject was referred to al) se Who first was a warrant bearing dete the A6thof| of 410 1. States court rooms, in. ‘proforentse to one frst, whether, in bis character of magistrate, | of certain offenders,” Fiolessanessne visiedey AE ° [ae ony Mee iemiancvas weit sie, prieoney WaT ack ements tee eae Dune: last past, issued under the hand and seabof | Cy..." and, indeed, to all generalintents, tho judge | tions—first, d employ rand gtd nifies that the legislature to ae ae this case mur dy eae tbe Pander ‘the abide sasopee ASR : , of the tenor following: The be regarded, i transachion of official buair |; he can take an ager rare i iliary to the treaty stipulations, and’ ing | remanded to the custody of the , Mr. Hunren reported back the Indian. Ap) ion Brotdene et a ae the maehiey DIK. ah ws Wasting at Coot sey ek eons = 4, pe el Sow ns nothing in'the’wnactment of the second gore commitment of the Nija cine bill with amendments rs ee ROE s Biot of New Yorks and to his deputios, or to any ar | 2: otection to ih auc of wh jdiagy ta a rene ia and je ran Whe Sion there aL ee ee aeminia the Rent wend be avving 20 fuperien Cone. "ir, Gnanvzow moved, "om behalf of Ms, Daweom, who either than been pit ny — tween | oF ire, CRsomgh Welt ob areas g o nee gaat sions invert “the ratartng od bs EU gp 23s) ace Bot a gi ooemrenc Po ime BY a aaeanee barring fi ia ad charge oft e peng for com tion | oe cea cones tment, , . . ‘atson. npeiee certaim Inited States and Her A ae set justice, an appliestivg made under the mien dl ie: a oe? ae on ing law ad+ | toa complaint made directly ander the treaty: ee quence of the lamented death of Judge Sandford, the Pot ere erg the Seminole war, that that rom arma ey day of TH, on | tween sho United. States sane Greet bi juriedis- jroseodl to courts and judicial officers; and furnishes | terms of the section are—That ss every soso aot Kabeas corpus ease of Thomas Kaine was postponed for a | pill be taken up. He said Mr. Dawson must necessarily sn, ‘i undersigved 4, Tose) Bridgham, pee eaten Reap aetatute, | all adequate authority for itsown aig ig Rp rh ratty cr re os = kage ~ | week, on motion of the prisoner's counsel, unopposed by hasbeen ise, ces the Senator from Ohio, (Mz one of the Commissioners’ appointed by the | Woita bh veld, a in opposition to the constitution. | proposition Tregard as definitely settled by ti of he | sition upon which an original warrant in an: auch fore the counsel for the claimant or the Marshal. ‘The motion | jr Sy an aot Had prepared an elaborate aF- bit Court of the United States, for the Southern 0 i wer on Congress, ig not com- | judieatory of the Supreme Court, independent of the | si pon ola, Gragulalivsy peers bo aioe made with a view toascertain the opinion of Judge | fumoent oguiuet this Lill, and he appealed to the eourtery of New York, (a Magistrate,) that one ek ies spond the writ. of habeas corpusin ne Toe tos A ertsy om toe ikea the band @ he person or persone issuing such war- | Neleon. Adjourned to Wednesday next, ofthe Senate not to take 31 UD te OAT, ge on’ with his oe 5 O.MTAK + 4 YS. 5 & , prince: , Te 0 2 Fi e ; dhe county al Weotmeedh, in thas pare of fhe. o- | OLf08Ce.. The provision, in, the Moats 49.27 2 | Port Bid Foster vs. Neicon ) inthis feet, rank and olated-openth oot of Shr po ot tin Cote eet Fae PoE aad is OT | tae atts a aes Waetanes tlre spa 5 |, ree cul f i y ¢ Boundary Commissioners. te Borise read a letter froma party interested fm the bill, sexing that it be not taken up during Ma, * absence an wos cals it was a question of courtesy all around. Phis ill had been postponed once before, for the Senator The following is 8 copy, verbatim ef literatim, of a letter | from Ohio. That Senator. he undorstood, intended to received through the post, by Deputy Marshal D’Angelis, and superscribed Marshal D’Angelis, or Bosworth, Deputy Marshal, ter is written on foreign post paper, in a clear, bold hand, and the orthography would lead us to suppose that it does not come trom an uneduented person :-~ Mansuit D?Ai Dear Sir.—P argue the abstract question of right of property in slaves, ‘This bill did not present that issue, Under. these eir- cumstances. he would vote to take up the bill, in order to relieve the Senator from Georgia, who had just re- ceived a message culling him to. the bedside of & dying +The debate was further continwed. and Mr, Charlton's om to take up the bill was agreed to. mite bilk was shew cousidered, read three timos, and parsed withont one word being said upon is. ine MEGcAS BOUNDARY 3 The Senate then took up Mr. Weller’ fer toa select committer the ehar; Bartlett, the commissioner to ran the Mr. Cloner addressed the Senate till a late hour, im defence of Mr. Bartlett, and had only cxomined ona charge when he yielded the ilcor, and the Semate ad- journed, House of Representatives, Wastinarox, July 26,1852, PAY OF A CLERK, * | Mr, Ors, (dem.) of Ohio, reported a rerolntion to pay for two months? vervices of a clerk who was omployed by | the former Chairman of the Post Office Committee. | . Afcer a and the calling of the yeas and nay?, the resolu eed. PsS10NAL GLOME. Mr. Oxns also reported a joint ution, that from and after the present tes-ion, the Congressional Gloie, and ap~ \ pendix, containing the laws and debates in Congress, shall pass in the mails free of postage. Ho said the news. sre pedo give wretched skeletons of the proceed- ings of tho two honses. and the @lobe was tho only paper which furnished full proceedings end an impartial ecord. rer. Poxran, (dem.) of Tnd,, was perfectly willing to put that paper on an equal footing with others; but was not willing to make a discrimination such as that pro- red. ST Oxns eaid it was not known certainly whether the new Postage bill will pass, and the postage on the Con- gressional Glebe and Appendix was more than nine dollars for the long session, under the present rates, Mr. Dexnam reptied that the Globe was simply a ve- of Ohio, said the contents ofthe Globe were simply Covgressional matter, and the resolu- tion ought to pass, fe moved the previous question, under operation of which the resolntion was passed. NEW POST ROUTES. Mr, Ouns reported a bill establishing a batch of new port routes, and wanted to put it on passage without reading. The morning hour expired before the question was taken, BOOKS FOR THE MEMBERS, Mr. Fownrn (whig), of Mass., offercd a resolution pro- posing tordistribute among the pew members such books as have been furnished to all the old membera, in the Jast thitty-four Congresres. Mr. bemoan (dem), of Tenneseee, caused to he read the rule which says that no member shall vote on any question in-the result of which he is immediately. in- terested i, Mr. Cantren (dem LION, shes Hy Pa , wished to say a few werds, ira die eae pra ag jenti judgment, f the hands of ; " ; ring ae TUN aetialon was laced upon the authority: Whether, then, the act of August 1; 1848, be re- pk Epmteanigeeioetcnr rs | atanapipeantit House.iaimg the question Mr. Cixvriaxb, (let.) of gt ‘Bdudgmens rendered. in Kugland:by a Court of {garded a5 morsly auxiliary to tho trenty, or & sub. | ‘ménts oe tigations wild potatoe trope leon | COR: said all his collenguos were new bore and. dN Uren -afSont.of 2m agtish tracty, and | stantive Inw, taking effectindependently ofany troaty [signs of pod cultivsricn wun ee peste pare modest men, und ther fore ie would vots for them. Aye. ”, hat his opinion was pron onueea atte wow te-thg jb | ‘compar. the..nemer considtation ean only be of | places, and appeared to have heen a An aleed whethes tea Incite ease gee often the, Supreme Court, and with tha’ ¢aso befors him. | ‘moment in cate (he cymmissioner who acted in this | Field Hay, here, asin other places, ‘ ; A SONS, TOE ie Sie New York Legal Observer, 367, Metzgo Considering the prosecdings before the Commission- descript er ‘as taken under the authority of the treaty alone, itappears to me the return.shows enough to give him Jurisdiction of the ease... Complaint tras made tothe Commissioners under oath, ‘thet thé prisoner. bad committed anvassault, with intent to wnirder | or judges of the several D one James Balfe, in Ireland, and bed fled from jus} United States, and the judges of the several State tice there to the United States, and was'then within Courte, and the commissioners authorized so to do this district; andpraying hisarrest wnder tho treaty, Py The Commissioner issued a warrant under which ¥ severally. vested with the prisoner wae arrested on thatoharge, on the 15th authority upon com, of June last, and on the 29th of the same month, he |the 6th section issued and delivered to the Marshz!, a warran’ or | for the courts'o orderof s he following tex0r:— to authorize "(In the Matter of Thomas Kat ts ‘having been heard befors me, on requisitio Fy Anthony Barclay, Esquirs, her Britannic y's at the port of New York, that be. committed for thi ‘ot an Officer named in the law, for if the on in the statute embraces this officer, then all foundation ‘for the objection is removed, snd he isclethed with ali the ect... The enactment lawful for any. of the justices it shall and may be ‘he Supreme Court, ict, Courts. of the plaint made on oath,” &c.,.and rovides, ‘‘ That it shall be lawfal the United States, or any of them, ef rson er persons to act as commis- issionérs, under tho provisions of this 3; andthe doings of such person. or 8 80 sf ‘authorized, in pursuancs of any of the provisions the said Knine | aforesaid, lt be goed and zvailable to all intents y 6 purposed of being delivered.as.| and: purpotes whatever.” ‘The enactments taken | “ Queen City the line, has only some fir a fagitive from justice, pursuant to the provisions of | to, 5 i i in offi } y * is fil reat pin pation pas 5 aoe gether empower commissioners already in office | thousand inhabitants. They all, however, seem to Great Britain, August, 9, 1842. I find and ajjudge that the évidence produced against the said Kaine ig sufficient in law to justify his eommitment on tho ebarge of assault, wah intent to commit murder, had the crime been committed within the United States. Wherefore, I order that the eaid Thomas Kaine be committed, Parmant to the provisions of the said treaty, to abide the order of the President of the United Statesin the premises. Givenuader my hand and seal, &¢ ? ~ No ovssaaee cpnive dieting peut vx omg Warrants.is produced on the of the prisoner; ‘but the original evidence upon which the Commis- sioner acted, .is, by consent of both parties, laid’ be- fore the court, and the fact that such requisition and complaint on oath, and the further fact that other evidence to prove the commission of the crime in Ireland, by the prisoner, was prodneed on the hearing, is indisputably established. The treaty does not, asis su by the counsel for the pri- of the acts of the United States, as.also such com- missioner or commissioners'as may be signated and appointed by such courts to that par- ticular service. Thedifference between the act and treaty in this particular, consists in substituting for “magistrates” named in the latter * commission- ers” referred to in the former; and accordingly, instead of all magistrates of the general and States govern- ments being employed by the Logislature to per- form the service, tho aatnanity is limited to judges portion of that generic class, and commission- ers of the United States courts, in their capacity of Magistrates solely, would be excluded from jurisdic. tign under the act, They would bo authorized to take cognizance of tho subject, by some eourt of the. United States, (sex 1,). or specifically ap- pointed to that — (sec. 6,) to constitute them the officers described by the act. 1 think the rule of the Circuit Court for this district, adopted in October term, 1850, and entered upon the minutes ‘7 I ” asa Lundy’s Lane celebration ever dre: d ori a the requisition for the arrest of | of the court, Jan, 21, 1851, fulfils eithor or both re- | There were not more than twenty. ; org hs bee he - oe made y one government to the | quirementsof thé law. That rale designates and | New York in the train who had that affair other. It eat the interpretation that the first appoints various er-cficio persons, (of whom the | as an object of their travels. Most of us application may be made by Somplaiat on oath, ‘wired commissioner in this case was one,) sommissioners t x a fe intervention | to execute all the powers and to porform all | the at aca The act of August 12, 1849, | the duties authorined and emiewered by any | merly o. ifies that Congress eo under. ions of the troaty on our part, it shall bo exesuted in that sense. act of Congress having relation to such com- loners, or their duties or powers. Tho same rule in substance had been in force with- duties of judges and magistrates in criminal mat- Still T think th ters'tabs notori © terms of the trenty are. sntix vs nent tothe act of Av it 23, 1842, tent ministers, oflicers, and axthos = 4, 1a thas Tetoaet, the enteee superseded, in that respect, the employ- own government, There he- thi vy pote vd to tiie particular, Beetty universally throughout tho United States; other then | andthat. persons ncoused of crimes against the United States were arrested, examined, committed, or bailed by this class of officers; and noother stand- ing Commissioners re known to the practice of the United States Courts, or are authorized by its laws tobe appointed by the co: In 1842, Congress had eonieired criminal jurisdiction on those officers. It is obvious from the fivst. soction of the act of 1848, that a class of commissioners being in office, and exercising similar powor® with those then creat- ed, were in the contemplation of Congress; and it would be giving io mere’ than the ordinary effect to the language of the ffs section, to understand it as applying, to Commigsionors, so appointed by tho Circuit Coarts, or Distaict Courts, exoreising Cirenit ty’s Consul to the Commissioner: it that the United States government ial officer he: by # jad On of the treaty. Another juris- part must, however, he established befora comtnisasonor aequires full authority to adjndgo ‘he roper magistrate to pointed i. be before the magistrate ara to be ing patrerop.” The line, for somo hundred miles,runs in close company with tho pebbly Delaware. [ts gen- tle companion at the present, Season, with scarce a powers’ conforred by | foot depth of water, sr ed for anything but to gambol with the banks along its course; but the preparation of immenso quantities of rafts hints at what may be expected from it in the ‘way of utility, when it receives its winter apy of the courts of the United States, are here- | Rivers are like cities in that reg] power, jurisdiction and | considerably thinned -in summer, cause—the waters taking a trip to the sea, ing the coolness of the mountains, dene of by ae vail villages of much iraportance in point of size, on the whole line, and tho train did iy stop at more than fome ¢i Elmira, these, the largest, of States.and | to execute the ast when authorized 20 to do, by any } be thriyi: increase in proportions through the beneficial specially des'| ence of the railroad = i After the wild grandeurs of the constantly some two hundred miles, broke upon its vision the beauties of the lovely Susquehanna, with its handsome cottages and pas- ture Jands, conveying to Thiedonet alle i dalicious valley offers great inducements to ¢hi steps of tourists, ns indoed chs . tain scenery along the li into Dunkirk, Pretty 460 miles, and sll foully begrimed with the dust of the road. “I had expected cal demonstration at the was ppepnoied, commonpla stopped at the Loder House, lace, lately opened by f the Crescent City. purify myself of the dust, I went to sleep, and arose early this morning, that I nity of taking a good look the call on the government either pre- | in this district since 1438, and the commissioners |. down the beach, and conld not but admire the b | cedes the application to a magistrate to arrest and intme Kediae’ chine detain the supposed ftigitive, of ia oamoereur wine by virtue of such appointment had performed the | tiful bay which jay stretched out before me, shining in oll the glories of a July inviting me to luxuriate in its waters. lighthouse on the western projection of the land, which was erected by the government in 1824, anda heacon light at the main channel, ter across the bay. place of rome min; tho great poiit of inter-commnnication with the West, and a large number of magnificent boats ply- ing’ daily between it and the western cities ‘Th arrivals forthe past week at this port, were—steam- ers 65, propellers 6, brigs 5, sehooners 4, sprung up entirely within the last fow years, been up to*that time ing village. Its population has doubled within the past year, numbering now 4,000. neat Bpis academy of very unostentatious appearance. The Roman Catholic denomination have a quate place of worship, but m new one is in contom- ‘ion. Was a very ooka.as if.it was never intend- ‘at various parts, on tho shore, supply of water. » both being from a similar or enjoy- during the preva- There are no towns or or ten stations The principal ghamton, Cornin; simi la ¢ » and Owego ; “and of Elmira, though designated the and prosperous places, and must rapidly flu- the eye had become wearied with gazing at seomingly endless though mountains, for a distance of aah ies, how pure and refreshing the beholder’s mind a sen- es3, and serenity, and seclusion ! Goce much 1 the sgn A idni it well tired out with aur Kae ‘of to see some sort of politi- ‘ations along the way, but everything being go dull end » as if there was no snch thin the principal hotel of Sp 9 Stoddard, for- After endeavoring to might have an opportu- at Dunkirk. I Hrolled morning, and irresistibly Thoro is a with a breakwa- Dunkirk must soon become a itude and importance, as it is The Tt hag haying nothing buat miserable fish- n 0. It contains two copalian and Prosbytorian churches, and an very inade- They made a great display bore last Sun- ground. Tho railway | commit the most urmitigated wholesi day on the ocension of theit bishop coming from | Buffalo to sonsecrate aburying clined voting. The resolution was adopted, Yeas, 87; naya, 39, ADJOURNMENT, Mr, Hanis, (dem ) of feun., moved a eurpension of the rules, for the purpose of taking up the revelation as , ion the Senate, amended, fixing the day ofad- Mr, Mcbawanan, (dem ) of Pa., suggested t \4 - Eidera geste beet pone one week. sia ee iat Mr. Wansn,’ (wi ig) of Mo., asked whetlier the gentle. men had read ‘Websters epecch in the papers of thie morning, in relation to the fiching disturbances. The roll was called. and during the Proseeding Mr, Bayxy, of Virginia. raid. owing to th eating nui ae cage, the bavula aapect of a call being finished, Mr. Mrapr, (dem.) of Va. rece, pid T gave my vote the chen) of the ‘om- mittce en Foreign Affairs Pig h he concluded the sentence, he was loudly galled er, Mr Mrnr reeumed—I want to hear something from the Chairman of the Committee on Foroign Affairs. 1 don't want to votein the dark. I will. therefore, vote in the erative, rererving my right to vote in the afirmative eI Several other gentlemen ehanged their votes, for a similar rearon, and the result was announced—yeas 162, nays 60. | THE ATPROPRIATION BILLS. Mr. Hovsros, es ) of Ala., moved that the general Appropriation bills yet unacted upon be uaade the, \ special order of the doy for Wednesday, an hour after. the House shall meet. and that they be continued as such until boweith disposed of. This, he said, would give two days mere for discursing the River and Harbor ile ii Sevsoun; (dem.) of N. ¥., objected to the resolu mn. Mr. Bayty, (dem.) of Va., moved the su: ‘pension of the rules, that he might introduce his re ution; but the motion was disagreed to—yens 72, nayy 77. LANDS FOR THE INSANE, Mr. Hawzry moved the House take up. for the of fixing a day for its consideration. the bill grant ten proptn y Of publie land for the benefit of the indi. gent inrano. The House Tefused to suspend the rulcs—yeas 100, nays 53. ‘the Honso then went into Committee of th the State of the Union, Sa eae Ok a mn cag RIVER AND HARBOR Dit. arious amendments were offered and alse sed, five minute speeches, pili Sams an ‘ame gentlemen expressed thelr opposition to because it did uot vote money eaten: or dae ph at all, for their reepective scetions, Others took the ground it was contrary to the constitution to appropriate money for these purposes—while another class contended that the bill waa not a Western Teasure, as had been charged, but for the benetit of the Northeast. the Atlan- tic and Northern Statos, and extremely sectional in ita Provicions, Gentlemen, though opposed to the oy constitutional cronnds, offered amendments. Bi Ww went for the bill as it is, The committee rove, having not Yet edopted any amendment, and not advanced Feyoaa the frst section, Mr. Jonrs. tec of Tenvostee, moved a ou 2 of the rules to enable hip to offer a resolution to suspend all debate on amendments Noquorum youd, Ayes, 07; nays, 44, and the Mouse adjourned, epaper Larceny. James G. Bens Mit ee : . 1—Having been a constant subscriber and render of your invaluable journal for npwards of fifteen years, it ofien has atnused mo te notice how those papers who are most envious of yout hard- (arned ond proud position, as the first aid most in- dependent paper in America, for enterprise, talent, and indomitable perseverance in furnishin, your patrons with reading matter suitable to all tastes, jewspaper larceny in appropriating items from your colamns without the slightest acknowledgement. i Reed ‘the m Court powers, on to, take eognicance of erimioal ne. | company hus very extensi¢o premises and worleshyny The enclosed slip trom to-dny’s. mongrol-of-a- gistrate,' to gs now hefire the Court,to, the same ell eusations.: In this aspect of the subject, there might | here, which give employment toa large portion of the | Paper—the Aayress—(Oth_ edition perhaps) i an authority, that's bronght there by certiorari; ond, in..inquiring into | tye fair room to quesuon whether tiny now nation of | Poy ulation. 1} would.seem that the Dunkirkians have | ¢X#ct copy, of an article which you pablished on Sa der of ruck fagi the caure of complaint, the eonrs must ees that the Cousts could be req if a full sharo of that belief in their expansive destin turday, and is inserted in that paper as on editorial. there is probable cause to be hay } Cormiesioners to take pre J now looked upon as a national character | YOU MAY, Perhaps. notice those matters, aud treat commuitted the offences charg, 1348. They might he fairly intetded to bo for Vhave een in the bar room of tho hotel a | tem with dignified contempt, being satisfied, in ~ | Dall. 413, ‘Phe United’ Sta Haat BY Witte of the plenary poner coun moat ambitions looking: map of tio ere auth Zour generoRity, tbat tho paper in qnostion, 4 Cranach . D » their oviginal appointment, ita streets ard nyenues, equares and. parks, vega- | 1* + ne. oe vot be readable were Freese eer rts Deiat 8 | Gaavel being appemntedy larly Jaid outs nimbered dnd named, eacd ves a { i, not that the HyKarn could afford to «pare em e-yygy: tog ow gpee hg term, 1850, ‘hy ¥ amend nal-ch Bat , ’ } alittle of its talent. Mowever, aneh contact f cein.) Tho ‘3 matters of @ eriminal char, after New Y md when LF eame'to ex- |? le @ihs ath > 1 con ‘rom ariving-tr t! ating to! the wubjee Job. | from timeto time, by C | real, aetua , found thet it bore’ | Journals who xii fo treat anything tha ema appliedto, a \ garded as incident to their ofice sd | just ahoutettio ition in extent. to that | Pates fier the Hisn ax with wneli holy horror, 1940 sliow the writ, beceuso: the: cirenh ; 3 Ae ti not, bowerrr, bo physned, inasmu } or Rhode Eland do to GS Thott eer Bie / stimony,y and his de Coutt of this district Vine not a little, and n't hongh I certamly do th vacant. The Gourt deuded yurt of thi riety ed me Ui oirevit judge did not ef at which would be beid ame as i josiice of thé Supreme Court no legal grenni to question'the comy court holden bya Gistriet judge nine tn the powers of a Cirenit Court, under a orp me hed The judiciary oat, § 1s, We " Mth it Tor contessedebyytlae tenlion of the prisonor, theeourh-will not disc ¢ justions of the upreme Goury An Gengress entitled, So, (onumeratiog soveri him on habeas vorpirs, ifvon tooling fits | judges to award wrils of habeas ce bypvheir tithes) oF MAY 6thap ft” Of Congress | they find-probabty omuge for deta this power bnt at an cart: idod thot all ¢ Waited Seater bad, under the etatuco, power w iszue | by } & relati rifts ch to offender United Stater, “6 olapposniment antiovizes: signnted, ** to take affidavits | inthesourts of the United | ‘il the powers and port: on to. such ¢ 8 ot Payee Be ig 17 phaotion to arewer and « the arress aud vomapiément. of the accused, Ww wholy irregular and insuticient to auth beil or romart hts i t'! Hint he form of the proof August 12, 1 | : : . | of t | thre may commit on aan on CG Cranch Bwartwout’s cove.) And oven if Court to missioners created by this d in the order uf the | you etxth erotions of the nat of t as :ttne act bad beer roc! eee eee he me © hote tity hy cond t he establishment Of a daily, paper, there being none, as +» for Rut will p ind sense of the modesiy Iserved f n of this lake cit Vs in th , and tae Lor to do an ex- ning heve forthe noted hove, and anes There tea goor | Extract from a letter dated. frie: ’ ath yours uninitiated should knoy for mo nt any time, still, the i what there papers are, poved, nnd to whom they are in otoresting in them, “Atuo Reekn,!? Avetrrax Covntrey 0 4x Ast SCAN 0, May “Quite a dictirgtthed compliment was peid'to our Charge de Asiutss at Naples, che Hon, Edwadl Joy Martin, yrobably hear trom me next. perceive no reason to question that the rale of | yet, in existened. wookly sheot. is issued, called | on his oritnl here to day. from Athens, in tie Anctrian, ., 129.) POanthorizes the Commissioners inv oftive ty dy | the Jornal, n Whig’ in pohties, but soomingly of | *tenmer Mabmondich. “Ax roon as the stennior war alg- ry act in that capnolty wh 1 | very little moment or indluence, and the starting of | pallzed down the vif erban fag, and ed. A ower them to possess vf | a good daily paper would be sure to bo a sucsessfal | oe ORS iekee ren “L The in ovi awh piven ih weulation tamer, is tne