The New York herald., 1844-11-20

ior ms SURRENDER Adams was brought to the city OF
Indictment, at least. is alleged to have been com.
%ttsd On the sota Of July he vas brought Sss.:
into recognisance with sureties to appear and answer
the Indictment in the Court Of Sessions hero and was
therefore, discharged from custody Afterwards and on
the fourth Of November his bail surrendered him
to the keeper Of the City Prison VIII there in
after mentioned, was allowed by me, the Court of sss
sons made order for his Commitment though he
vice Of the Habeas Corpus The prisoner IL now brought
before Habeas Corpus and claims to be discharged
from custody on various grounds, among which the fol-
lowing are most prominent.
First That he a citizen Of the State of Ohio; that
he was not Fugitive from justice and that the Governor
Of the State Of New York had right to make his requt
issue for his surrender and that the Governor
of this State had not sufficient evidence before him to
sscoad hs a ss Of -. o o. NO ur
ton over the person Of the defendant or the subject mat
taT o. me N Adams ws; ass in the
committed and never committed any offence in the city
Third That he was virtuslly kidnapped, and that h
my duty to discharge him and give him safe conduct cut
As the questions involved were quesons Of great in.
terest and importance, and the amount alleged to have
been obtsined BY the prisoner BY his false was
hear the OF the learned counsel both in sup
pert and in opposition to this application They hay:
advisory Office which the counsel the respective par
ties consented that they might perform; am now
ABOUT 10 announce tne CONCLUSION winch VIC nave
rived appears ths the prisoner in the city OF New
York in the month Msrch last which some months
an s 81 &c hs S
brother and sister He made an appointment on that oc
70 ns Mr. ss the oc q i hs
ternoon Of the day he left the instead Of full
nf he len on r ss *.
Mr. sage testisss that their house intended that time
covered from from Mr.. Adam: % himself, while IL the city
Which, the ss on s the
possession Of seymour, and that they then intended
sufficient to warrant such arrest-E Edward Adams
to be that his brother did not leave the city IN
voa s
in Philadelphia to try and raise money there The
sec0na ,econ o. the lo%rh art are
any state with treason felony or other crime who shall
Ace from and BE- found N .nOhsT e s ss s. on
which he fed be delivered be removed TO the State
having jursdicon Of hecrme Congress- a. early ..
the Constitution which provides that whsnsvsr the Ex
ecutive authority Of any State in the Union demand
any person US fugitive from justice OF the executive
authority Of any State Territory to which such psrsOn
shall have fed and shall moreover produce the copy OF
trats Of any such state or Territory. charging the
person 10 demanded with having committed treason,
the Governor or chief magistrate Of the STATE q
Territory from whence the person 90 charged Ned,
or Territory 10 which such S. hsv.
fed him her 10 be arrested and secured and
delivered s the Exec authority making the demand
fugitive from justice, within the contemplation Of tho
act Of Congress and the Constitution Fer the purpose
OF arriving at conclusion in this satsfactoy to our
own minds, have not deemed necessary to decide
whether Habeas Corpus look behind the acts
Of the Executive authorities of Ohio and New York;
whether have right to determine the sucisney or
insuficiency Of the evidence upon which they acted
whether the proceedings before Judge Daley did did
constitute bar The object sought my hands
We think there Is eneugh in the 10 justify the desn
slaborately mooted questions Admitting for arguments
sake (but for ne other purpose that can on Hsbess
two Staes and inquire whether there was sufficient
authorize the reputation of the one and the surrender
by the Other We have come to the conclusion that the
in March, may place him in the character Of fugitive
from justice and II were nearly balanced case as to
whether he not such fugitive would not sf
ter indictment and the udication Of the Exec~ye
thories OF twoystates feel inclined to overrns h
within the jurisdiction ofthe State of New York and the
Court in which the bill Of indictment found against
him. He dspaccd under crcumstshces which might in
duce jury to conclude that he left the State Tor tbs
purpose Of avoiding prosecution then In contem-
By hin sroasr s @ S
engagement TO meet Mr. Sage s ak O'Clock OF the day
on which he left, jury might niss sat ne len to avoid
House thought Of instituiing against him ~ therefore.
il competent for to look behind the acts o thoss
high iunctioua<iss whose decisions am virtually eeAes
the point whether he point Of fact, fugitive from
iustice, | would not asnpmehs responsibility Of
saying that he was not one citizen Of another stats
having offended against the law Of another Stetc accord
i1g to the allegations contained in the Indictment in c
case, shall voluntarily within the State and county
where tho offence was committed, aud prematurelv de-
part thence for his home with the view Of avoiding ae
and here for the crime have hesitation In
saying that such IL fugitive from justice within
the Constitution and the act Of Congress So msn with
in State secretly commits crime. and suddenly departs
The crime not being till months or please
year after his departure thoush he may have e for
purposes other than the heeing from the justice Of the
State against which he offended yet he surely might bc
treated and proceeded sgains fugitive from Justice
The consciousness Of his having committed the crime, Of
his being amenabe to the laws Of the State against which
he offended might aud would properly be regarded .
motive for going out Of its limits and form legitimate
basis for Executive requsition and surrender Alter
the Governor in the just stated should have proceed
ed against the offender fugitive from Justice, would
not be inclined 10 speculate upon the probability Of has
having e the State for purposes other than to avoid the
penalties sf It's violated Justice Under the evidence In
this case, would not. had power to look into this
without regard TO any previous Executive action
thereon take the responsibility Of that the prisoner
was not fugitive from the Justice Of the state Of New
York. J. therefore, refuse the application for his dis
cha rye, and order him 10 be remsnded.