The Sun.
London, England, 1852-08-19 00:00:00

THURSDAY.

demand, for the arrest of Keine under the treaty; and
that an application on behalf of that Government was
essential to give jurisdiction to act in the matter. The
treaty provides, • That the United States and her Bri-
tannic Majesty, shall, requisitions upon mutual requistions by them,
or their ministers, officers, or authorities, ac. In this
ease the application for the arrest was accompanied by
a request troin the British Consel, resident in the city
of New York, which would seem to bring the case
within the words of the treaty. The Act of Congress is
silent on the subject. The language
of the treaty is
very broad, and, if construed literally, would confer
authority upon any officer of tho British Government,
however subordinate, and whether civil or military,
to make the" necessary requisition upon this one for
the arrest of the fugitive, and so in the case of
a requisition of this Government upon Great Bri-
tain. But this can hardly be the true construction to
he given to the treaty. There mast be some limitation
in respect to the officers of the respective Governments
authorised to mike the requisition. There may be some
difficulty in settling this limitation, in the absence of any
regulation by Act of Congress. Perhaps the true
.hs
con-
struction may be, that the requisition shall be made V
the Government through the usual organs by which the
ono holds communication with the other, or by any
Minister or officer specially authorised by such Govern-
'tient to make the same. It would scarcely seem fit, as
it respected either Government, that this power to claim,
as prosecutor, an arrest and committal of the supposed
fugitive, should be lodged in the hands of every and any
officer of the same, who might choose to act in the
matter. The Act of Congress provides that in every_
case of complaint, and of hearing upon the return of
the warrant of arrest, copies of
the depositions upon
which an original warrant in any such foreign country
may have been granted, certified under the hand of the
person or persons issuing such warrant, and attested
upon the oath of the party producing them to be true
copies of the original depositions, may be received in
evidence of the criminality of the person so appre-
hended. This provision makes copies of the depositions
used before a foreign magistrate, who may have issued
a warrant there against the offender, certified by said
magistrate, and proved to be true copies of the original,
competent evidence before the magistrate here acting
under the treaty. The Act of Congress, doubtless, con-
templates that the copy of the depositions shall be certi-
fied by a magistrate in a foreign country, of competent
jurisdiction to issue the warrant there for the offence,
and to commit for trial and punishment; and to make
these evidence at all before the magistrate here, under
the requisition, it should be first shown to his satisfac-
tion, by competent proof, that the person issuing the
warrant and certifying the depositions possessed the re-
quisite jurisdiction. Without such jurisdiction the whole
proceeding in the foreign country would be coram non
judici, and void. Upon the whole, without pursuing the
case any further, I am satisfied, upon the view I have
taken of the several questions presented, but more
especially the first one, involving the power of the
commissioner, as well as on account of the importance
of settling the construction of the treaty and act of
Congress in pursuance thereof, so as to avoid contro-
versies and delays hereafter in these proceedings, it is
fit and proper that these questions should be submitted
to the consideration and judgment of the Supreme
Court. As I have already stated, the commitment of
the prisoner stands upon the authority of the commis-
sioner, the Circuit Court being of opinion that it was
legal and valid, and remanding the prisoner to custody
under that order. I shall therefore allow the habeas
corpus, making it returnable before myself, and when
the return is made formally by the marshal (the sub-
stance of which is now before sue in the preliminary
application), I shall direct an order to be entered, in
consequence of the difficult and important questions in-
volved, that the case be heard before all the justices of
the Supreme Court of the United States, in bank, at the
beginning of the next term of said court. As the making
up of the record will be matter of form, it will not bane-
cessary that the prisoner be brought up on the return of
the writ before me, but remains in custody till the final
disposition of the case."
We extract the two following articles as evidence
of the more reasonable tone taken by the press than
by the statesmen of the United States. The first is
from the Morning Express, the second from the New
York Herald :
" Thomas Maine, an Irishman, in prison in this city,
claimed by England as a fugitive from justice, if con-
victed of wounding with intent to murder, will be exe-
cuted; but if of wounding without intent to kill, will be
transported for life. The demand is that he be returned
to England for trial, in order that the fact of innocence
or guilt as to the one or the other offence may be dis-
covered. There is no manner of doubt in our minds
that his offence was a wilful one, and it amazes us to see
the attempt made in this community to metamorphose
this man into a political martyr. There would be as
much propriety in making martyrs of the men recently
arrested for murder, and soon to be tried for that offence.
By enlisting their sympathies in behalf of such persons,
men show a total destitution of interest and feeling
where sympathy is really due. Indeed, intelligent men
can have no sort of charity for exertions put forth in
behalf of such a culprit. They originate either in gross
ignorance or in a spirit of demagoguism, and we suspect
it to be rather the latter than the former.
" The London Times discusses the question of extra-
dition in an article copied into the Express, the tone of
which we like. It draws a wide distinction between po-
litical offences against a Government and crimes against
morality. It defends what we are happy to say has
generally been the practice of the British Government in
affording shelter for and protection to all sorts of politi-
tical offenders. One year it has been Louis Napoleon,
and the next Louis Philippe. To-day it is Metternich,
and to-morrow Kossuth. Now it is the butcher Hay-
eau, except when he ventures a little too much upon
public opinion; and now Mazzini, the Italian leader.
We beheld in one season the whole brood of the French
monarchy—King,
Queen, Princes , and Princesses; and
the next season comes the other brood of the French
Provisional Republican Government. And so it has
been, and to the great honour of the British nation, we
commit theft and
think. almost from time immemorial.
..To couple a protection for such
men with a regard
for those who kill and wound, and who
arson, is to cease to be able to draw a distinction be-
tween the politics of a country and the criminal code.
" It is the peculiar glory of this nation that it gives
complete political freedom to the people of every nation
under the sun who conform to its laws. There are men
of foreign birth in the United States Senate, House of
Representatives, upon the bench, in State Legislatures,
and in almost every place of honour and trust. The
Presidency of the United States is alone saved exclu-
sively to the native American, but this high office is open
to the son of the citizen of foreign birth as much as to
those whose ancestors formed the first settlements on
Massachusetts Bay or the James River.
" Foreigners among us should feel and appreciate the
extreme liberality of American institutions,
among the foremost to brand as enemies of themselves
and of their adopted country all those who endeavour to
Make political opinions and conduct one and the same
thing with personal crimes and misdemeanors."
"It appears that the precipitant of Mr. Webster in
issuing his codfish proclamation from Marshfield did not
meet the approval of the President, it being somewhat
out of the usual order of the business of the State De-
partment, which generally bears the endorsement ' By.
State. And so the President has requested and be
the President,' before the signature of the Secretary of
Secre-
tary to return to Virashiagton, and proceed to business
in a business-like way, which, it is said, in few days
he intends to do. Meanwhile the Executive has noti-
fied Congress of the dispatch' of the Mississippi war-
steamer to the fishing banks; has sent up all the docu-
ments; and they have had a war-like discussion over
them in the Senate, including the note of Mr. Crampton
protective
fleet notice of the presence of a British P
fleet in the disputed waters. At the same time werFoionh
his
tinue to hear of occasional seizures by
cruisers of American vessels for violating the
v continue
con-
struction of the treaty. This state of things ms,
for some time without bloodshed, but it is a hszsrdous
trade,
busi-
ness• We fear that if, between free fishing and free
ndin
the two parties cannot soon come to some understanding
some unlucky blow will be struck on the fishinglr,:ons.
Which will put a peremptory stop to the negotiations.
Mr. Mr. Webster must act, if peace is his object.
for
motions of old•fashioned diplomacy will not answer
they
the fishermen. They must know their limits, or
will take the res .b.l't
onsi I 37, Where is Mr. Webster?
Bthreitisßh British
of
on the destructive conflagration occurred at
3d, by which upwards of 75,000 dolls. worth
Property was consumed.
The •
appointment of Judge Conklin to the post of
on
Minister to Mexico was confirmed by the Senate
the 6th
• Savannah

securities and
the New York Stock-Exchange. Government
amount of business has been transacted at
and all offering were taken at full prices. The de-
mand for money for mercantile purposes had in.
railway bonds were in good demand,
excess
401 to 41 ; Bremen, abundant, and in
of the demand. Foreign exchange was firm,
16-4- to 5.15 ; Hamburgb,
but not active. Bill* on London 110 to 110 i ;
3'61 to 36i ; Am-
-7q to 79. Cotton
sterdam,
,-„v°,_4B in good demand, at an advance of *c. per lb.
,Tthout
The supplies of flour were much in excess of the de-
IJland) and, added to the depressing effect of the Eng-
tab accounts produced a downward tendency. There
Was a good demand for Indian corn, but the supplies
were fully equal to the demand. Corn meal was
sficarce. The market for provisions ruled steady and
alteration in prices.
rarni With a good trade demand. The sales of' Scotch
pig iron were confined to small lots, but the market
Pity; firm.
6d. per barrel;
Tobacco was in *proved demand, but
Freights to London—
Flour, is,
naval stores,. 25.; and
8.
heavy
Dods, 255. per ton.

standard gold,
at the
131 42 6 i ......... ----- - - - -
MONEY -
MAIMET.—The quotation of gold at Paris
is about 1 per mule prem. (according to the new tariff ), Which,
English Mint rice of 3/. 17s. 100. per ounce for
of 13-5 i ; and the exchangean at Hamburgh on London at
short being 13.7, it follows that gold is about 0.64 per cent.
dearer in London than in Hamburgh. The course of exchange
at New. York on Lon for bills at 60 days' sight is
Pe
110
and America being 109 23-40 per cent., it foll gows thatland the
exchange is nominally 0.92 per cent. in favour of England.
If r Cent, the par
And after making allowance for charges 9f transport, the
present rate leaves a small profit on the importation of gold
from the United States.