New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-11-04
JUDICIAL DECISION.

Si,, ~ Seyo|k in yIict il Is alleged thas ne u fu q
liz. from Justice from France where ne sanot
While scng officially as No:sry Pubic al ne ~ .
Ssusyuiun.g, the Department OF -nos.t-e, ,-sS
an os.H =. Teor. ceeding sfs million OF Francs
also ailh e.noezzlerleni "nie sc-'s 49, 80 80 1900
cssfsc-s ~ Se in and Nv virtue Of Treaty Con
vent,ou made between The FRENCH Io'efnIHsn: ant -.
~ rs-sd states for the mutual surrender Of FugltfT
Sinais which duly signed oy the respective P!ea:
noentaries on The 9tb day Of NoTeber s5 and ne re-,
ts.,or ged the l2h day Of April, tEsf oio"
10 rocsied By the President OF the United Slaes o.
the .5,l Of a pril next ensuing.
THE evdences sod proofs upon which the ceienoent
demanded are rs, the AFFIDAVIT Of The complainant sec
ord copies Of testimony Of numerous
as stated in heading Of The document Al the va .
Nicolas Lucieu Neizger, Ex-Noary 81 ~
dicted thought shot I'd be rendered charged or accuse
of Fraudulent Baokrupicy, breach Of i1si sne ors
Legal Deed. and nlch trisl had before hIt'ei'
nv Tndye OF Instruction for the district Of Ssraga t
rnines assisted by the clerk. accompanied oy 80
;ns1 -, franc. ard which j. IN eTcence tnd MIRO
,irv NJ one OF The parties whore funds 10 the
srnurt IF 30 OD5 francs erlbezz!ed by ihe P.so
eybjI acting in b ofclai capacity a. Notary al
'1e ~, 49, ssooD, was given before me IN ihis
I cour, and In the presence Of the accused . ,a
The question. invoved in this case ana d Counsel on
sen,.d and argqed with ability By me lesrheo Co Va
bbslf Of the French Government and The prisoner
fret That the Treaty beween he ~ 49, o ib Oh
d. ~ Eover3be 1875 ratified the Eth and proc!alee
on the 18Th dsy o. April ~ upon me- 10 RON
80, 0 i1 80 tho dsv was concluded liz Iathca.
ton, This being an essential poiH' IL 'N'
eeaed Whether the osrnces with which the prisoner
charged must such as are recognized aud o.neo
bv The Code Penal Of France, or IeT Loci OF le "a
| of IN. STATE OF Netr-York, or Lez Fora
Tbd Whether the documentary evidence orlng cope'
of testimony taken before me Juugs 81 @ s q;
Saneguirnines upon which The warrant or Ln al VI
the accused granted in France aor that such crimes
az apy have committed By the prisoner as are con-
Fp1rtb Watcher his documentary proof is 5q-
centy sesed 10 make II such evidence as can pe useo ~
this Court against the prisoner and II so whether oy me
code penal the should not have been adudicaieo
upon by the French Court denomnaled the Coui OF Ac
Fif6 Whether the testimony OF the witness karst Is
sufficient charge the prisoner with the crime OF enbez,
z,meu az recognized by the code peas Of France and
.bs,b, pnhlir notary is such public unctionsry &c
bring him within the operation OF the Treaty stpHauon
The questions involved IN this case have never been oecuy
Al issue before any Of criminal tribunals Courts oil
Judictrc aud que stons OF great interest and I'm or
lance no only regards our Treaty With France Du az
they relate Treaties existing between Inc United States
ard other foreign Governments, having Tor er OBJECT
concurrent Gnd reciprocal jurisdiction over tugve Grim
nas That such decision shall be- made Is that while j
shall the hand preserve the good faith OF e ec
STATES viii on ha other legal rghl which the
prisoner may either IN respect 10 the protection al
orded By our laws those OF France winch may be a'
pllcable 70 his case.
neus and To the prisoner himself 10 be decided without
full aud thorough examination OF the whole matter II
all lis relations shall therefore 10 The best oil my s'y
proceed examine a. length the questions Fol'eo Una
the grounds upon which my decision may rest may o'
clearly understood.
Tn. Surrender of Fugilives from Justice Is question
which has occupied the best attention OF many distinguish
cd writers upon the of Nations. Grolius ASSERTS The
rybt TO enard and the gaiiOr TO surrender, ali per
sons charged with crimes heher citizens or foreigners
although remarks that not Insisted on In practc'
except in crimes against the State, or OF very heinou
with 20 lesser crimes they nov" con
nived at otherwise agreed upon by treaty BnTd
que Hirnecus mud PynHe acquesced IN the same oc
trn. Nale nccurd- the right and also The obligation II
cuse Of great crimes hut al!udes only 10 subjects o '
county in which the demand IL MADE on the ground
preventing subject from doing mischief in other States
Pgsnde holds he doctrine that me opisation 10 ure
der is rather in OF some treaty. Ma'tm:, that !
sovereign not perfectly Obliged 10 send the fugitive bach
the Laws he has offended even supposins MN 10 hdv'
been condemned before his escape Ward nones to lh'
"a ne opinion Lord Cokes opinion was against givul
them and the British Government mas eI"ays teiuseu
with Two exceptions OF which occurred during IN,
OF Charles H. the case OF the king rs Hutchinson
reference TO which viii be found ia MD hslprts - an'
tn. case OF Of Dutch ship in Lord Loughboro
time and Wymen IN his treatise on e La" ana Consuu
ton Of Engl nd referring 10 Lord Coses doctrine say
hst il seems directly agains, The Law OF Nations and
remarks that from The very nature OF society subjects
answcrabie 10 their own nations heH may Justly n'
demanded of Foreign States which they ny, and the
iusa To- deliver is just cause Of war, anu 10 prevent pro
lection of fuslve 10y in aeay only operates a.
n recognition not a creative right, In article SEC. u
OF the Constitution Of The United States II Is provided thu
SON charged in any State wi treason felony ohe
cr,ue who shall flee from justice and be- found IN another
State shull demand of tue Executive authority OF th'
Stale which he fled be DEL yered upt be removed
the State having jurisdiction of the CRIME.
Justice Story uh,s Commentaries uponihc Constitution
7I Mr. Chancellor Kent considers clear upoi
pncpes of National Law well rs authority, that ever
Stat, Is bound deny an asylum 10 CRIMINALS, anu upO
application and due examination OF the case, 10 sutrrnde
|
committed Though other distinguished Judges ana Jusl
have entertained different opnion) He says farther
l. notuncommon for Treaties 10 contain mutual stipulation
for The surrender of criminals aud the United States have
times been party 10 such arrangements Iherei IN
nor provision relative the Surrender of Fugiv-s tror
foreign and hence under that provision OF III
amend that instrument, Article y, which provide
Ina, the powers delegated the United States by III
Con.luiion prohibited TO II by The States, are r,
served 10 the States respectively, or the People. Til
State OF New York has under the head of Powers Of III
Executive. Sec !, Il. given the Governor full power
surrender To Foreign Governments usliNes from Jusuc
! found IN This State
Governor Jenui.ou OF Vernon, did ai,emp, exero,s
the power OF rurrenderne Holmes, Fugitive trol
Justice from Canada The case WAS carried up 10 Tue -
prrme Court the United States and fully and ab!
argued II is reported in Il Peters, $50 Chief Jusc
Tanev in delivering hts opinion held that no State had u
power surrender Fugitive OF a foreign Covernner
upon the principle that the States could not n"ke Treat
that IL would be rrpugnGn 10 The Constitution OF N
United States, That they cRnno; have concurrent u
dcIion IN such caselbey Incompatible with each on
The power has been granted TO The Genera Govern
ment II cannot exercised possessed by the State
that the whole reign intercourse was Intended 10 bc cou
united TO In. United States That The treaty making pow
er and receiving ambassadors belongs exclusively 70 ID
latter. Ths, the main object OF The Constitution was
make us as far foreign relations concerned Pee
pie and Nation and of all communication between fo
cgn Governments ana The several states Thai the powt
todeiver Fupitives who have committed offences
egn country and have lied this for shelter belongs
cusvey the Fedora! Government under the CousIi;r
ton.
tha, the treaty aaing power OF the Constitution
piled bind the States 10 stipulation 20 surrender Fug
:
power executed by treaty Stale Is under obgr
lions surrender, and all treaties must be made under III
authority OF the United States but there is no power
compel State Saye.der aud The yinahinG pow
I've exercised before State be deprived OF "a
power surrender retain fugitive The power Is II
Guided the reserved of tue States the Constil
ton provides for the surrender q; citizens o one Sse VIII
dee 10 another, being accused % crime and obliged
Surrender Foreign FUgltves stnder treaty.
Justice Story the u The |. y Davis "a sun
ue 1856 expressed great doubts whether upon principles
international law and dependent q! any saIuary prov
sous or treaty siipulsons, II any Court OF Justice VIZ
either bound authorized, l is GiscreuoD send bac
any offender Foreign Government whose laws he
supposed TO have violated The Treaty Convention Wit
Ftance and the United States under the provision OF who
the prisoner MeZge h0 been arrested and brought bvor
this Court signed and concluded by the Peupolei
tarics OF the Governments The 9Th day OF Noveub-
1875 The Proclamation OF the President OF the Unite
States declaring that the had been duly rataed
dated the 18Th day OF April following, The crimes w;
which Mezgar charged were committed ailer ;te IreaI
had been sgqed and concluded, but before, i aece
the Convention racd by the Senate ana pruc!Aine
by the President ,hc United States, and he question
wtich period the Iresiv IN force and operative as n
LAKES 10 the crimes charged against Me.zgef
GIoyns Puecndert and Bynkershcck consider TreaIlt
and Conventions negotiated sud signed by ministers
dipcSnSic sAens binding upon Soverelsns u WHO.
they concluded when such ministers ard aSru
clothed with tu powers. and the last named SAYS N
the Sewerage bound rsiS. and thar The usage Of y
lions III hs le required such give VALID;
4,.F. Hf