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

THE FRENCH REPUBLIC

We have received the Paris papers of yesterday.
The Moniteur publishes a list of the Presidents,
Vice-Presidents, and Secretaries of the Cuuncilt:-
General.
The Archbishop of PARIS is, it is said, about to
undertake a very long journey. After visiting some
of his venerable colleagues in their dioceses, he will
leave France and travel over a part of Germany.
The PRINCE PRESIDENT did not go to the Bal des
Halles.
The ilioniteur contains a decree, obliging all ves-
sels to carry lights from sunset to sunrise.
Prince JEROME BONAPARTE returned to Paris early
on Tuesday morning.
The Minister of Foreign Affairs, on the occasion
of the file of the 15th instant, gave a grand dinner
to his colleagues and the members of the corps dip-
, lowatique. . Monseigneur GARIBALDI, the Papal
Nuncio, Lord COWLEY, and the Ministers and
Charge d'Affeires of Austria, Baden, Bavaria, Bel-
gium, Brazil, Denmark, Two Sicilies, Spain, Greece,
Hanover, Holland, Portugal, Prussia, Russia, Sar-
dinia, Saxony, Sweden, Norway, Tuscany, Turkey,
Uruguay, Wurtemberg, &c., were present. The
Papal N uncio, in the name of the corps, proposed the
health of the PRINCE PRESIDENT, to which M.
DItOUYN DE LIIUYS replied by a toast "to the Sove-
reigns and Governments whose representatives he had
the honour to see around him."
The _llonitcur publishes the opinions expressed by
several councils of arrondissement on the state of

affairs. The prevailing feeling is one of confidence
in the Chief of the State, but some of the councils
manifest an earnest desire for the establishment of the
Empire, as being better calculated to ensure stability
in the relations of society, than the Republican form
of Government. The Council of Thionville says :
" Considering that it is the duty of all good citizens
to seek the means of preventing now catastrophes and
to put an cod to a state of things which, by throwing
doubt over all affairs, still chcclts the spirit of industry,
commerce, agriculture, and credit, the council expresses
a hope that, in virtue of the terms of th© Constitution, a
senates consulte will propose to the suffrage of the nation
the reestablishment of tho hereditary empire in the
person of Louis Napoleon."
The council of arrondissement. of Toulouse desires—
" That the Scuat,,, penetrated with a conviction of

exiting circumstances aid with a view to the interests

of lho country, will seek fur tho most proper means of
consolidating in the hands of the Prince President the
power that ho holds under the national will."

The Council of Muret expresses a desire that sta-
bility may be given to the power of which LOUIS NAPO-
LEON has made such good use, and that the proposi-
tion may be submitted with the least possible delay to
the sanction of the people. The Councils of Atniens
and Bar-le Due express themselves in similar terms.
That of 11.1.irecour, in the Meuse, contains the same
wish in the form of an address to the PRINCE PRESI-
DENT. Many of the councils confine themselves to
expressions of satisfaction for the services rendered
to society by the PRINCE, but without allusion to the
future.

The following order of the day to the National
Guard has been issued :

" ORDER OF THE. DAY OF 16TH AUGUST, 1852.
" At the review of the 15th of this month the Prince
President was satisfied with the fine appearance of the
battalions and squadrons of the National Guard, with
the regularity of their manoeuvres, and the good spirit
which animated them. The General in command hastens
to transmit to the officers and national guards the expres-
sion of the satisfaction of the Prince,

" Marquis ciQ LAWOESTINE.
" General Commanding in Chief.
" A. Isnard, Colonel, Chief of the General Staff."
The Bourse was heavy with a decline in the price of
public securities. The Four-and-a-Half per Cents. opened
at 104 f. 95c., and closed at 104 f. 80c. for the end of the
month; the Three per Cents. closed at 75f. 75c ; the
New Austrian Loan, 94f. ; Orleans Railway Shares,
1,412 E. 50c.; Rouen, 870 f.; Havre, 3631. 75e.; Avignon,
4 70f: ; Basle, 303 f. Mc.; Paris and Strasburg, 647 f. 50c.;
Paris and Lyons, 761 f. 25c.; Lyons and Avignon, 587 f.
50e.; St. Dizier to Gray, 545 f.
BUSINESS DONE 1N FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, AUG. 18.
Dijon and Besanqon, 2%—Fist Indian, 26%—Great In-
dian Peninsula, PA—Luxembourg, PA ex d.—Northern of
France, 26—Paris and Strasbourg, 253,4.

LIVERPOOL, WEDNESDAY.
By the United States' mail steamship Arctic,
Luce commander, we have advices from New York
to the 7th instant. She has 384,000 dollars in specie
on freight.
The Arctic passed the steamship Pacific, hence foe
New York, at 5 50 enet. on the 7th.
The Royal men steamship Niagara, Stone, com-
mander, arrived at Boston on the 6th inst.
The adjourned discussion in the Senate on the
fisheries question was to be resumed on the 12th inst.
Washington letters of the 4th state that Mr. Web-
ster and Mr. Crampton would be there in a week,
that the fisheries question had been temporarily set-
tled, and that Mr. Crampton had sent a dispatch to
the British Government, urging it to suspend orders
and to withdraw the naval force.
The following dispatch from Commodore Perry to
the United States' Secretary of the Navy had been
received at Washington :
" Eastport, Maine, Aug 5.
" I have been collecting information. Everything in•
dicates a favourable issue. I shall leave for St. John':,
Now Brunswick, to-morrow, fog permitting."
The Halifax papers publish the following extract
of a dispatch from Sir Alexander Bannerman to Earl
Grey, dated February, 1852, on the subject of the
fisheries :
" In regard to bounties, the United States' Govern-
ment pay large ones, and, as I stated to the Assembly,
we have no business to complain of whatever policy that
Government may consider most conducive to the inter
eats of their subjects. But I am of the same opinion
with your Lordship—averse to impose a tax on the
whole community to benefit one particular class, for a
trade requirieg a bounty (I mean a continued one), will
turn out to be a fictitious one. Oar neighbours, and the
French Government, will find out this in duo time; but
that is no business of ours. The Act of the Assembly
of this island passed in 1851 only lasts for three
years. I understood it to be merely an en_courege•
meat by the Legislature to give premiums, as they
very properly do, for itnprovements in agricultare to
another important branch of industry and commerce—
the fisheries; but should the colonists find out—which
they are sure to do—before the expiry of the Act,
that its provisions will be a considerable drain on
their limited finances, they will themselves remedy
the evil—in my opinion the beet remedy that
can bo applied in the present state of Prince Edward's
Island. As to the fisheries, about which I have troubled
your Lordship so mach, I have no hesitation in saying
that were I the sole proprietor of this island, and look-
ing to the question as one involving my own interests,
and not as a national one, I would petition her Majesty
to abrogate the convention of 1818, and graciously ask
for permission to invite the American fishermen to visit
our shores, to carry on their trade, and make the best
arrangement I could with them. But this cannot be
done at present, and I would fain hope the question may
he easily and amicably adjusted; and if that could be ac-
complished, nothing, I think, would tend more to cement
amity end friendship with Great Britain and the United
States."
St. John's, New Brunswick, papers of the 2d inst.
state that Vice-Admiral Seymour had purchased a
brig and a schooner, which had been manned and
armed to protect the colonial fishermen from the en-
croachments of the French. The papers re-assert that
the British Government had no intention of enforcing
the headland to headland part of the fisheries treaty,
nor of demanding reciprocal free trade as the price of
arranging the question.
At Halifax a remonstrance to her Majesty's Go-
vernment was in circulation against allowing Ameri-
cans to fish within three miles of the shore, even if
reciprocal free trade is granted.
In the case of Thomas Maine, Judge Nelson bad
allowed a writ of habeas corpus, bringing the prisoner
before him on the 11th inst. Accompanying the writ
was a lengthy opinion on the case as it stands, where-
in he doubts the legal authority of the United Slates'
Commissioner to act in the matter. The effect of the
writ would be to remove the whole of the proceedings
before the Supreme Court. The following is Judge
Nelson's opinion :
"IN THE MATTER OF THOMAS RAISE, CLADIED AS A
FUGITIVE FROM JUSTICE, UNDER TAE TREATY BE-
TWEEN THE UNITED STATES AND GREAT BRITAIN Or
THE 9TH OF AUGUST, 1842.
Nelson J.—This is an application on the relation of
Keine, for a writ of habeas corpus, a prisoner in gaol,
under the custody of the marshal for the southern dis-
trict of New York, charging that he is detained in
prison by virtue of an order made by the Circuit Court
of the United States of said district, dated July 9,
1852, of the April Term of said Court, purpor-
ting to be made under the treaty between the
United States and Great Britain of the 9th of
August, 1842, and which order remands the prisoner
to the custody of the said marshal, to be detained under
a commitment previously made by Commissioner Bridg-
man, under the provisions of the aforesaid treaty; and
that since the granting of the said order by the Circuit
Court the acting Secretary of State for the United
States has issued a warrant directing the marshel to
surrender the prisoner to the Government of Great Bri-
taid, in pursuance of the provisions of the said treaty.
The case having been fully heard in the original pro-
ceedings before the commissioner, in accordance with
the requirements of the treaty, and act of Congress in
pursuance thereof, and the decision of that officer com-
mitting the prisoner for the purpose of a surrender to
the authorities of Great Britain, as a fugitive from
justice, having been subsequently revised and confirmed
by the Circuit Court, I have declined granting the writ
of habeas corpus, or taking any step in the matter of
the application, until the whole of the previous pro-
ceedings in the case, including the evidence, points of
counsel before the tommissioner, and opinion of
the court, were laid before me, that I might be
fully apprised of the grounds of the commit-
ment, and of the objections to the same. It is proper
to eay, also, that I hate entertained the ease and
called for these proceedings, not with a vie* to an ori-
ginal hearing of the matter on habeas corpus foi' the
purpose of passing any opinion upon the legality or
illegality of commitment by the conamiseibner, or with a
view to a decision of the order of commitment by the
Circuit Court, and a final disposition of the same at
chambers; bet solely for the purpose of astertaining
whether or not the questions involved, or any of them,
were of a character so difficult and doubtful; and their
final determination by the highest authority was of suffi-
cient public interest to require or justify the submission
of them to the Supreme Court of the United States-, By
a series of decisions in that court the questions involved
present appropriate subjects of examination in the exer-
cise of its appellate powers. (3 Cranch, 448;, 4 ib., 75;
7 Wh., 38; 3 Peters, 193; 7 ib., 568; and 5 How., 189,
190.) Looking at the case in this aspect, and with this
view, I find the first and leading allegation is, to the
legality of the commitment by the commissioner (and
congress of
the lawfulness of the detention of the prisoner depends
on this, as will be seen hereafter), namely,
that he
possessed no jurisdiction over the case, and conse-
quently that the warrant of commitment was void,
The treaty provides that the respective judges
and other magistrates of the two Governments
shall have power, jurisdiction, &e., to ;slue
warrant,'tahe give effect to the
provisions of this treaty, With othera, for ektradition,
provides, That it shell and may be Lawful for any of
ugkuset., `lB4B, passed to of
the justices of the Supreme Court, or judges of the
several district Courts of the United States; cud the
judges of the several State courts, aryl betimissioners
authorised so to do by any of the bourts of the United
States, are hereby severally *fisted with powers, jurisdic.
tion,' &c. Another section provides—' Thht it shall he
lawful for the courts of the United States, or any of
them, to authorize any reason or persons to act as bona.
missioner or commtssioners under the provisions of this
Act,' &o. The commissioner before whom the proceed-
ing! wet% had has not been appointed under, and in par-
swarice of this Act of Congress as one of the officers to
, carry into execution the provisions of the treaty, but
acted in pursuaec® of his powers derived from an ap-
pointreent underprodous Acts of Congress, for the dis-
charge of other special and limited duties; and were it
not for a contrary opinion expressed by the Learned
district judge sitting in the circuit, I should have enter-
tained a very decided opinion that he possessed ho power
under the Act of 1848 to entertain the proceedings
in question, and that an appointment by the Court, in
pursuance of the power conferred by that Act, was es-
sential to give the, commissioner jurisdiction. It is said,
however, that, admitting the commissioner possessed no
jurisdiction under and in pursuance of the Act of 1848,
still he was competent to act under and by virtue of the
power conferred by the treaty, independently of the Act
of Congress, and that the limitation of authority by that
Act would not control the provisions of the treaty, even
if in conflict with them. We have seen that, according
to the treaty, the respective judges and other magi.
stratea of the two Governments' are empowered to
arrest and examine the fugitive; and the argument is
that the commissioner is a magistrate of the Govern.
ment of the United States within the eenenning
of
the treaty. Besides taking bail and depositions
of witnesses in civil vines, these officers,
the Act of Congress of the 23d "nn August,
1842, ar© authorised to arrest offenders for any crime,
or offence against the United States, and imprison
or bail the same. ihe thirty-third (33) section I
of the Judiciary Act conferred the iamb power upon
justices of the peace of any of dne sates. The possession
of these powers by the ceettknissioner whose proceedings
are in question, reattituted him, as alleged, a magistrate
within the teanis of the treaty, and by virtue of which,
us such. Magistrate, he had a right to act in the premises
notwithstanding the omission, if not exelusio'n, of these
',Meets by the terms of the Act of Congress passed to
carry into execution the provisions of the treaty.
Whether or not this view will sustain the competency
of the commissioner to act under the treaty, indepen-
dently of any power conferred upon him by the Act of
1842, is a question upon which I do not propose, at this
. time, to express an opinion. It is sufficient to say that
is one, at least, involved in much difficulty and doubt,
and well deserves the consideration and judgment of the
Supreme Court. If the a sound ono, it would
seem to follow that any view.
isofthe in justice
veral "aloe, possesses the like power to arrest and
commit uuder the treaty, byvirtue of their characters
as magistrates derived
under the aaopowers conferred
from the
1789. We can sectionhardly suppose of the Judiciary Act
.of
y suppose this to have been the
intention of the framers Another ground.
of objectien to the jeeica9f the treaty.
Tc-tion of the commissioner is,
that it %YDS not ahoten
before this officer, previous to the
institution of the proceedings,
pending the same, that
the Government of Great or '
Britain, or any officers au..
thorized by the Government,
had applied, or made a

.

THURSDAY

demand, for the arrest of wine 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, upon mutual requisitions by them,
or tear ministers, sheers, or euthorities,' In this,
case the applicatien tor the arrest, was accompanied by
a request from the British Consul, 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 the 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
be given to the treaty. There must be some limitation
in respect to the officers of the respective Governments
authorised to make the requisition. There may be some
Gifficulty in settling this limitation, in the absence of any
regulation by Act of Congress. Perhaps the true con-
struetion may be, that the requisition stall be made by
the Government through the
usual organs by which tne
one holds communication with the other, or by any
Minister or officer specially authorised by such Govern-
ment to make the same. It would scarcely resin 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 herore the magistrate hero 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 evidouce 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
ca.e 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
Coto
usettlingin
pursuancethe construction o
f; o as
t o
o f the
a
commissioner, as well as on account of the importance
versies and delays hereafter in these proceedings, it is
fit and proper that these questions should be submitted
yvoiaclud co act
ntroo- f
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 me 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 bene-
cessary that the prisoner be brought up on the return o
the writ before me, but remains in custody till the fins
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 Eapress, the second from the New
York Herald :

" Thomas Kaine, 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 impress, 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-
tieal 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-
public opinion; and now
nau, except when he ventures a little too much upon
Maizini, the Italian leader.
We behold in one season the whole brood of the French
monarchy—xi
-.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
think, almost from time immemorial.
" To couple a protection for such men with a regard
for those who kill and wound, and who commit theft and
arson, is to cease to be able to draw a distinction be-
tween the polities 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 Lgislatures,
and in almost every place of honour and trust. The
Presidency of the United States is alone saved exclu- 1
surely 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 forthed the first settlements on
Massachusetts Bay or tho James Elver'.
" Foreigners among us should feel and appreciate the
extreme liberality of American institutions, and be
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.''
h
" It appears that the precipitancy of Mr. Webster in
issuing his codfish proclamation from Marshfield did not
Meet te approval of the President, it being
out of the usual order of the business of the State De-
partmetit, which generally bears the endorsement ' By,
the President,' before the signature of the Secretary of
State. And so the President has requested his Secre-
tary, to return to Washington, and proceed to business
in a business-like eff!,yi which, it is said, in a fern days
he intends to do. Meanwhile the Executive has n°"
6ed Congress of the dispatch' of the Mississippi war-
steamer to the, farina banks; had sent tip All the docu-
ments; mews; and they have had a war-like discussion over
somewhat
giving notice of the presence of a
them in the Senate, including the note of Mr. Cramt3:ive
fleet in the disputed waters. At the same time we
tinue to hear of occasional seizures by the,
t'sh con-
cruisers of American vessels for violating the Br"
continue
atruction of the treaty. This state of things resYd us busi-
for some time without bloodshed, butit is a War e trade,
!less. We fear that if, between free fishing and free
0 understandingd
the two parties cannot soon come to sumlag.groun s
seine unlucky blow will be struck on tile fish
negotiations.
which will put a peremptory sto to the
ileg The slow
Mr. Webster must act. if e is his object.
' acc
tig WO! for
motions of old-fashioned liplomacy will not 8
British prweoteeoinn.
the fishermen. The must know their
will take the responsibility. Where is Mr. wee
Savannah
A destructive conflagration occurred at
worth of
on the 3d, by which upwards of 76,000 dolls.
property was consumed.
the post of
The appointment of Judge Conklin to
Senate on
Minister to Mexico was confirmed by the
the 6th.
to the 29th of
From ilavannah we have advises
July. Coffee was languid. Exchange onLondon
The sugar market
was quoted at 10i to 11 premium.
Was unchanged.
t antacted at
A large amount of business has been -17 •
the New York Stock-Exchange. Governmet-4
li°l-oartert?l7
securities and railway bonds were in good demand,h
and all offering were taken at full
de-
mand for moue for mercantile Purposes Lad in.,.
y and in
creasedo
.but tb9 supply continued abundant'7
_ ..
xcbange was 4na,
excess of the demand. Foreign e ' 1 *
110 to 1101-
but not active. Bill! tth L
'endon,
prices. T e _
to 36f ; Am-
sterdam,
o 79. Cotton
40i to 41 ; Bremen; 78i t
n mitten
5.16 i to 5.15 ; Hamburgb, 361
as in good demanck at 6 ce of ke. per lb.
much in ebsucetssthoef
supplies
uh
pe p due::
The I!lesplies of flour 'were
lispmend,
accounts produce a ow ard tendency. There
hrutsledtosLteoanddyonan:
Was a good &mend for Indian corn,
Corti meal was
were fully equal to the demand.
scarce•
firm, with mgoodtrade demand. The sales of Scotch
Pig iron were confined to small lots, but the market
Was firm. Tobacco was in
The market fax provilisiroenisg
Flour, 1 . 6d. per barrel; improved demand, but
naval stores,' 23. ; and
without alteration in prices.
s
heavy goods, 255. per ton. nty

is 426
41114
ynoryk price of gold
MONEY t _ ____-----.---
• -"I' MARKET.—The quotation of gold at Pule
Is about 1 per mule prem. (according to the new tariff ), which,
at the English Mint price of 31. 1.75. lop. per ounce for
short..sht;
standard gold, gives au exchange of 25.1.9 i ; and the ex-
change '25-30, it follows
thatari gold is
at Paris on London at short being
about 0.42 per cent. dearer in London than in
, per mark, which, at the English Mint price of
of li'. 1°Id• per ounce for standard gold, gives an exchange
dearer- being 13-7, it follows that gold is about 0.64 per cent.
advises from
for
arnburgh the
;-
,; and the exchange at llamburgh on London at
at New.
-, London than in liarnburgh. The course of exchange
bills at 60 days' sight is
110 i
Per cent., and th a par of exchange between England
and_., America beine. 109. 23.40 per cent., it follows that the
A"nettli a"ge is nominally 0.92 per cent. in favour of England.
, after
making, all owance for charges of transport, the
present rate leaves a la 11 profit on the importation of gold
from the United States!