The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-23
state Papers.

ments, consisting Of communications made 10 the
Senate by President Tyler, and ACCOMPANYING
certain documents submitted to them officially. in
compliance with resolutions of the Senate
The first to which shall alludc, is Copies of
Correspondence in relation to the interpre taon of
the 10th article of the treaty between Great Britain
and the United States, Of the 9th August, 1872"
This correspondence consists Of series of letters
between Mr.. Upshur and Mr.. Fox letter from
Mr.. Nelson, Attorney General, and one from Mr..
Everett. 1t arose the case Of Christina Gill
mour, whose impeachment and subsequent trial for
the murder Of her husband, caused so much ex-
element here and in Great Britain. This case
the first tina! had arisen for the adjudication of
their respective authority under the 10th article of
the Ashburton treaty, " to settle and define the
boundaries between the territories of the United
States and the possessions OF her Britannia Majesty
in North America, for the final suppression Of the
African slave trade, and for the giving up of crim
mails, fug,tives from justice, in certain cases."
The accused, through her counsel, addressed a
petition and remonstrance to the President, and
which her counsel in an argument, endeavored to
sustain. In the remonsrance, the validity of the
proceedings were challenged
In reply to this the Attorney General, Mr. Mel
son, in answer to Mr. ppshqr's letter to him on the
subject. stating that although cit cannot be doubt
ed that treaties may and often do create obliga-
tons, to the fulfilment of which the legislative
power Is an ndispe nsable auxiliary; yet, as this
of the United States" its ratification inter
changed, and the treaty proclaimed, it is the sr.
preme law Of the land 1t has prescribed, by its
own terms, the Manner manner mode. and authority, in
nothing to be supplied by Legislative authority, but
has Indicated means sufficient for the accomplish
ment OF ITS objects. It needs no sanctions different
from those inherent in its own stipuatons and re-.
quires no aid from Congress and it was therefore
unnecessary to give 1t validity by its re-enacrmen;
and that to change Its terms within the COM
potency only OF the contracting parties by whom it
has been executed. The Attorney General cites
the case OF Thomas Nash, who was surrenuered
TO the British authorities under the treaty of 1884,
IN support OF his views and in rebutta Of the first
objection
To the second objection it is replied that the pro-
ceedings under the treaty are to be governed not
by the provisions OF the constitution OF the United
States but by those prescribed by the parties who
cone uded it that the validity of article ten was
not dependent upon the character of the magistrate
hearing evidence of Grim nality against the accus-
ed This was not case IN law or equity within
the scope of The several sec ions of the United
States constitution. This question was created by
political power-the concurrent wills of two
independent governments, one which the United
States constitution does not contemplate. 1t was
no question OF judi cla cognlzance; but confined
merely to the attainment of facts which can
weigh nothing in any consequent purely judicial
investigation of the charge.
As to the third objection, the Attorney General
clearly shows that there nothing in The tenth ar
ucle OF the treaty OF 1912 to make it obnoxious to
the fourth and fifth articles of the amendments of
the constitution The first of these articles recog
nizes that the right of the people to be secure in
their persons, houses, papers and effects against
unreasonable searches and seizures, shall not be
violated, and no Warrant shall issue but upon pro-
bab!e cause supported by oath, or affirmation, and
the persons or things ODE seized"
la this the protection guaranteed is not against
gu seizures, but against unreasonable seizures.
Here the seizure Is shown TO be reasonable upon oath
q lnrp- ito
complied with Again, that stipulation Of the fifth
constitutional amendment, that "no person shall be
held to answer for capital, or otherwise infamous
crime, unless on preseatment or Indictment by
grand jury, embraces only offences against the u.
States. The offence charged against Gilmour, is
one against Great Britain, over which the courts of
with or without a Presentment or Indictment by
Grand Jury" can the accused be compelled to
answer. The Congress of the United States, by
the act OF 18th OF Feb,y, l793 agreeable to I'd sec
livery Of fugtives from justice, to the executive
authorities OF any State or Territory where the
crime was committed, and thus class OF cases,
strongly analogous to that of Gilmour are supplied
and in which, it is regarded, a valid exercise Of
power to deliver without "presentment or indct-
ment,'' persons charged with crime, and SO must it
be in this.
1t will be seen from the foregoing that the legal
provision made by the Ashburion Treaty is in all
respects sufficiently clear and comprehensive for
the right administration of justice and afford each
country the valid power OF furthering their respec-
tive views, and that Congress- ingenious as they are
Will ind II no easy matter TO battle its enactnents
and screen the guilty.
The remaining part Of the correspondence is
analogous to the above, although embracing num-
Der OF cases different from the former.
The next is message of the President commu-
plcatlng " information in relation to the abuse of
the flag OF the United States as subservient 10 the
African slave trade, and the taking away of slaves,
the property OF Portuguese subjects"
Mr.
Slocum, U. $. Consul at Rio de Janero, to Mr.
Webster; Others from MIR. Everett and Lord Aber-
deem on the slave trade carried on in Africa, but
as thus question has been frequently before the
public, IT is not of great importance letter from
MIR. de Figanere, the Portuguese Minister, resi-
dent at Philadelphia. to Mr.. Upshur, containing the
details of an outrage committed by the captain of
the American ship Romulus, in kidnapping fom
Antonio Loan Timas, colored man named Pedro
Iinas IN the Island of Maio, forms the subject of
long correspondence, leading to result which
IT, Mr.; DE Figaniere justly claimed compensation
Tor the loss OF the owner OF the Save and his re-
s'oration.. To all this Mr. Upshur replies, it is quite
iialr; he has nothing to say against the complaint,
Tor ms opinlon the termination of all which arrago
is that Mr.. Upshur politely declines to part it'll
the crap, because " it was a felony committed
by an American citizen in foreign country, for
winch his government WASH not responsible This is
a rather curious exposition Of the "lex genem,"
and one which hardly would have been delivered
for the benefit OF all whom it may concern, if the
Don had been tile thief instead Of the victim If
every State difficulty were as easily got over as
thus, political cunning would be at a discount:
Perhaps upon the whole there IS some sacacity
shown by the Attorney General to maintain the
non-responsblty of the Republic for acts of indI-
vldual aggression; and We hope he may never find
tougher customer than Don de Figaniere, with
whom, to say the least Of it, little logic goes far.
CASE OF McDoNALD.-A letter from St. Louis.
70 me editor OF the United States Gazette, dated
April H. says THE jury, this afternoon. brought in
verdict OF guilty in the Of the United States Capt
Mcdonald, charged with the robbery and murder of
Charvis, some months since. Mcdonald will be hung
unless President Tyler should interfere with the sentence
that must be pronounced by the Court Tho crime was
tried by the United States Court"
HE REsULT.-We are now enabled 10 Law be-
fore our readers the result of the elections in this
state IL VIII be seen that Locofoco msorty of 2os
q In lie rnIII ad l.