The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-06-26

yea, II VIII be seen that postponement acced-
ed TO avowedy for the purpose of affordng time to
test The sanity OF the wretched woman on whose
head there is too much reason to believe the blood
OF her husband rests and the proceedings in this
TIE first case under the late treaty will become the
precedent Tor all succeeding cases, it is matter OF
great importance that the true import of the treaty
understood and enforced and that the practice Of
civilized States under the law OF nations should not
be lightly disregarded and repudiated. We admit
that persons accused of crimes have rights which
are sacred as the rights OF States and commune
ties, and those rights must be strictly guarded by
courts and commissioners. It will be admitted, too,
by all jursts that, how clear guilt may be,
a conviction contrary to law, is greater calamity
than the escape OF the guilty party But it is also a
grievous wrong TO community, when guilt IS per-
limited to triumph over justice, by the admission Of
practice, and the adoption Of principles, in pre-
paratory examinations, which neither the laws OF
States nor of nations sanction. If, then, this pris-
oner be as insane as her counsel desires to prove
her to be, is it sufficient to stay the proceedings
which have been commenced and to obstruct the
course of justice? The language of the Ashburton
treaty is as follows:-
ART. Kit is agreed that the United States and HeI
Britannia Majesty SHALL upon mutual requiton by them
their ministers and officers authorities respectively
made deliver up to justice all persons who, being charg
ed with the crime OF MURDER ASSAULT with intent 10
commit MURDER piracy, arson, or robbery or Tor
gerry the uterance of forged paper committed with
in the jurisdiction Of either shall seek asylum or shall
be found within the territory Of the other: provided that
this shall only be done upon such evidence of crmi
fugitive or person 50 charged shall be found would jus
tfy his apprehension and commitment for trial. the
| offence or crime had there been committed; and
the respective judges and other magistrates OF the two
governments shall have power jurisdiction and authority
upon complaints made under OATH to issue warrant fol
the apprehension of the fugitive person so charged
that he may brought before such Judge other mags
rate TO the end that the evidence Of crimnay may be
heard and considered and it, such hearing, the EVIL
dence may be deemed sufficient to sustain the charge
shall be the duty of the examining Judge
certify the 10 the proper executive that
warrant may issue for the surrender Of such fugitive
The expense of such apprehension and delivery shall DC
borne and betrayed by the party who makes the requs
| ton and receives the fugitive.
| The plea of insanity is evidently as inadmissible
in this early stage of the examination, as it would
be in preparatory examna ion by police justice
before committal; and if the murder be clearly
proved, and sufficient evidence of criminality be
produced to warrant the apprehension and commit
ment for trial of the party accused where the appre
henson takes place, the surrender must necessarily
be made The Commissioner Rapelyea, therefore
by the he has pursued, is exercising the func
tions of jury, and is PROFESSIONALLY exceeding the
powers with which the law invested him.
We admit the mental imbecility of the prisoner
in this case for it is apparent to be denied; bu
that is a valid plea only in the last resort, to
| her from the ignominious fate of murderess-but i
the requisiton be made in due form, this insanity
Plea which has often cheated the gallows of III
| victims, cannot now avail her, without palpable
violation OF treaty stipulation. We now thus
briefly express eur views, and state the law in this
case, but when the examination is complete, we
shallmore fully discuss the principles which this
involves.
REpoRTlxG.-Our report of Mr.. Websters great
Grafton at Bunker Hill, continues 10 excite the most
amusing demonstrations Of the incompetency and
chagrin of the Boston press, and numerous other
contemporaries. Even the Boston atlas comes out
in favor OF our report, and correctly states, that
several passages which appear In the official report
,cere not spoken by Mr. Webster at all, and that
several portions of our report presented with fidelity
and spirit other passages which were delivered
amid the excitement of the scene, and which do
not appear all in the tame, splrless, and llfeless
official report.
The Boston Atlas talks in a very amusing way
about the excellence of its report. The individual
who made it, is one of those creatures who lounge
about the Hobbies Of the houses of Congress, and
who is capable only of retailing the gossip and
dial which his eavesdropping industry may have ena.
bled him to pick up.
Our report in the opinion of all impartial inte-
gent auditors stands it ought to stand, unrivaed
1t casts all the creatures who attempted to give a
local habitation and to the utterance of the
"God-ike Daniel" completely into the shade.
And if they had sense enough they would stay in
the dark, and avoid the uncomfortable exposure
which is always sure to visit their impairment
attempts to compete with u.s. in our efforts of enter
prise and skill.
GREAT LAND SALES BY THE GovERNMENT.-The
President of the United States has issued five pro.
clamatons each dated the SLh instant, describing
sundry lots and parcels of government lands, which
iadvertised in the Herald, to be sold at certain
times and places mentioned in the advertisements, as
follows -
In the state of Michigan at the land Office, at Genesee,
the sales will commence Monday, October 9th, for the
disposal Of eighteen townships and fractional townships
AT the land Office at Detroit the sales will commence
Monday September 25th for the disposal OF six lots
recently surveyed in townships.
In the Territory et WISCONSIN, at Mineral Point, Octo
Der % at Green Bay October I'd F; and at Milwaukee,
October l6th
In the state of Illinois, at Dixon, the sales will
mence the Both of October next at Chicago on the
25h September at Danville, October ID Mt Kaskaskia
October 10th at Edwardsville october 9TH and at Qun
cy, October 23d.
In Missouri at Plasburg October 9th also November
18th and at Lexington, October a.
In Iowa, at Dubuque, October 10th and at Fairfield
October Id
The sales will each be kept open for two weeks,
{unless the lands are sooner disposed off, during
which no priv ate entries will be admitted.
Pre- empton claimants are required TO prove their
claims and make their entries at the proper land Of
fees as soon as practicable after seeing this no.
tice.
appropriated by law, fer the use of schools.
military, or other purposes, will be excluded from
sale.
IMPORTANT TO TRAvELLERs.-By a recent decision
Of the Court of Errors OF his State the long mooed
question has been settled whether steamboat and
railroad proprietors answerabe for goods put on
| board their conveyances. The decision alluded 10