The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-23
Christina humbly show. and submits to your Encelsn-

tne Government OF the United states OF iu ~
proper form OF law, to warrant any proceedngs
against her.
second-Thst the treaty of Washington, made the sth
day OF August last under which pretensed that sad
Christina liable TO be arrested and proceeded against
and sent away the kingdom aforesaid, has not peen
made eecua this end by such prerequisite legislative
enacmens of Congrs alone authorize her arrest
and delivery fugitive, within the scope OF thar 'rea
Thrd-Tha by force II the Constitution Of the United
States the ju ciary power OF the United states was, and
vested IN Supreme Court and such inferior Courts
as Congress should from time to time ordan and
establish: That Congress has not ordained and establish
ed any Court with jurisdiction such cases as your
petitioner and especially Congress has not authorised any
Commissioner to act thus udcally upon helcase OF said
Christina and she submits that Congress has power
undsr the constitution to vest any such judicial authority
IN any commissioner, but only court properly call
ed ana constituted court orecord proceedings
e revised py writ OF error or OF certorari ana her
De brought the knowledge for revision and deter
minauon OF the Supreme Court whose protection, under
the laws OF nations she has ndefeasbe right to claim
even express provisions of treaty ifsuch had
ana ought to deprive Of the subjects Of Great Britain
right to such protection in foreign land from the
highest Judicial tribunal Of that land nasmuch no
such treaty could dvest subjects of Britain of their
rghtto personal liberty in foreign country under the
laws Of nations offences charged a, committed said
kingdom, until the Parliament OF Great Britain shall have
sanctioned such treaty to this effect which yet has not
been done; and In mean time the Supreme Court OF the
United states boundto protect your petitioners personal
liberty against such arrest such imputed charge of
crime according to the laws Of nations And your petit
toner AYERS that she innocent OF the crime laid to her
charge and claims the Of United States accord
ing to its existing laws and the laws of nations
rourth-That your petitioners arrest and restraint OF
liberty has been and is unlawful if the treaty were
operative and eecusl per se because there has been
no proper requston made for her arrest and delivery
according to its manifest provisions 49,
Fith-Tha the treaty does not include female fugitive
persons but limited in its operations against males
only.
sixthThat even if the Commissioner, said Rapslyea,
was authorised to act the proceedings before him were
not founded upon any documentary evidence that the po
lice ofcer named therein witness had not any sutho
y whatever to apply for and obtain her arrestor to re-
ceive her in custody.
Spypnth--1hat tha dipos If Ropla
Illegal and exceptionabe in this that he admitted evil
ence against her not proper to be admitted according to
law on primary examnat according to the laws OF
the United States And that the said Commissioner
ected evidence in eXcupaton Of your petitioner which
ne ought according TO the law Of the land and OF the
state OF New York to have received and considered But
refused to do So although her counsel Mr. Warner in
sisted upon her legal rights to this effect before the said
commissioner and against the grievance your petitions
has no relief or remedy save by your Exceencys inter-
position and your Petitioner humbly submits, that if
your Exceency by the terms of the 10th article Of said
treaty bound by the certificate of said Commissioner
and cannot revise his proceedings your petitioner is de-
prved of her liberty against the laws of natsns the laws
of England and the laws OF the United States
wherefore, your remonstrant and petitioner humby
prays your Excellency will disregard the certificate of
SAID Commissioner as nuty, and an act on his part
not au horised by law and direct your petitioner to be
discharged forthwith from the custody in which she is
to this end, that Exceency will allo her counsel
Mr. Warner to be heard before your Excelency such
ofhcer OF the Government of the United States to
which the proceedings her case may be referred And
as in duty bound, will ever pray
CHRISTINA GlLMOUR.
Dated July -, ls4s.
STATE Nrw YoRK, D.
City and County of New York, So
Thomas Warner, of said city counsellor at law being
ou sworn doth depose and that the facts set forth
10 the above written remonsrance and petition true.
Sworn this 22d day of July, ls43 before 7. w.
Thus the case stands Mr.. Warner left this
city for Washington yesterday afternoon, and may
have an interview with the President and his law
officer, the Attorney General, tomorrow. The Pre-
sdent, /, is highlyprobable, will accede to Mr.. War
ners petition for delay, for he may desire to hear
MIR. Warner fully on the subject, and Mr. Warner
must necessarily return to this city to argue the
case on the return of the writ of habeds corpus,
Wednesday. He will state this fact, then, to the
President, and the President will adjourn the argu-
ment TO future day, so as 10 allow Mr.. Warner to
appear before the Recorder on "Wednesday. If Mr..
Warner succeeds there, well if not he returns to
Washington and il is within the bounds of possblli-
tythat cabinet council may be held on this impor-
tant case-important, inasmuch as it is the first
under the treaty and the proceedings thereon will
In consequence become the precedents in all future
cases-but important further, because Congress has
not passed such law as would incorporate the
provision OF the treaty, which is applicable to this
case, amongst the statutes of this Confederacy, and
supply the machinery by which it can be carried
into effect.
The case presents many difficulties, and great In
terest is felt in It's disposal, respecting which, we
shall report at the earliest possible moment
The MYSTERIOUS DEATH IN WnLIAMsBuReH.-
In the Herald OF Thursday week we gave report
OF the evidence taken on Coroner's Inquest at
Wilamsburgh respecting the death OF Robert
Whltford, an lrlshman, who was found with his
throat cut in the bed of Edward Nix, with whose
wife Whitord had had an improper intimacy, and
wethen stated that many rumors were in circula-
ton which showed dissatisfaction in the public
mind with the verdict of the Coroner's jury, that
the deceased had committed suicide. 1t appears
that the subject has not been allowed to sumber
from that period the present. but further evidence
has been sought to throw light on the mysterious
subject, and with what result we know not further
than that yesterday morning warrant was issued
by Squire Parrish, of Wllliamsburgh, by virtue of
which the village marshal, Runcie, arrested Ed
ward Nix at the store in which he is employed, in
Maiden Lane, IN this city. on the charge of MUIR
der. He was taken back TO WILLIAMSBURG in GUS
tody OF the officer, and committed TO the cells
there TO await an examination on Monday next
We learn that the District Attorney of Kings Co.
has been requested by the Justice OF the Peace TO
De present on the part oil the STATE and the prisoner
will have the legal advice of Mr.. John Cooke. The
warrant, we believe, was issued information
given by stocking weaver, named William Way
men, who worked with the prisoner at that bust
ness, at Nottingham, England, whence they came
to this country and have kept up acquaintance at
WillIamsburgh. Amongst other things, Waymen
states that previous TO the death at Whitford Nix
had told Waymen that he would take Whitford's
life; jealousy was the cause; and the prisoner was
often heard TO say that he should come to be hanged
sometime or other on his wife's account Admis
sions subsequent to the death of Whittord, we un-
derstand, will also be given in evidence, but we can
not give them satisfactorily until they are taken on