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

proceedings IL tie present case :; maj nc re %
Ia. f-r general remarks the provision OF Tue COZ
T1r itself The language ofihe hrst article evidently
involves question OF evidence hlea Il a. eAsss 80 s d
he l. States concerned belongs 10 LIE Jlelca! ioc-
III. n the country Ihe Executive department OF me F-s-
ri Government cannot take cosrtzaac- OF such questions,
nor precept warrant the nature OF
AL hat righIuly do, under the provisions Of the
Corveni:on order he surrender OF The party
when II actual custody ard ser sr arrest and commit
rieut Court OF npetsut jurisdiction What ey-
d-1ce necessary in order 70 suthorze and
t!IimeEt depends upon The laws OF the State place
where The criminal nag be found ard cannot De
specified 70 u,eei every bHt 81 lad
dorm as general rrts 20 :rs.eI u Is 5ee-sf ,.rt =rsf
De bat tcr exceptions, that the affidavit Of
more credible witnesses. or caiy authenticated copies
OF such testimony given IN Court Of competent r!s
nature Of 81 indictment and biz certified by such
Cour; would authorize such arrest and commit
FER mus - AZ csses De eit 20 ne % sc
istrs;e tribunal before which the complaint or accusation
i originally made and the Executive csrno; interfere until
certified az the and commitment OF The accused par
y For the present case = only necessary 20 olr' oul
the defects II the proceedings IN order 10 show he rea-
sons which prevent the Executive from ordering TIE sur
render The rst "a Il does not sppear s. what rc lie
CRIME was committed which OF se!i IS iaS lcef me pro-
visions OF The 5h article OF the Convenient NE neNs !,
tha. the NdniG: d res = no: accompanied by certified
copy The proceedings and evidence which was -
sued IL = believed hAt he AiGHdds a fre tiis eIs-
tanned would BE- sufficient authorize 81 arrest and com
mneDi any Of the Sste OF the Mon. and oteourse the
surrender the par; OF the Executive
This reply OF M Calhoun sent 10 The French Gov
srrert IN pursuance of which that Government sent out
The docuer, marked Exhib. A. being the warrant FOR
tie laiisr part OF lie year lSi1 M Borg re
ceived the document marked Exhibit s. from ne consul
OF Frame saws NJ Borg and in the package there
elier OF Instructions Some time alter the rench
Minister Claimed the document marked oscH II was
arrest having heard that Mszger was IN New orS
he couaaes-I instructions from the French Minister
who told take for his srresi gave notice,
when he arrested, and sent Clerk 20 Washington
yv,h instructions bring the document s. They were
brought this City and given 10 him. and by nn present
ed Ibis Court being as he farther iesnes ne same tAas
received by MIN in the nrs instance SID III me same
the document i the copies OF the DISPOSITIONS OF the
s. Witnesses referred II would then seem s these proofs
and evidences procured officially from France through
the proper channels-and IN accordance win NE ihstiu
lions directions contained the letter OF Mr. Cal
houu So far therefore, a. 10 HE question OIL eu 0ucla
authority and OF being properly evidence before
me there can be no doubt Mr. Borg also es;hes tina; he is
familiar with the manner certifying the Judicial proceed
ires IN France that he has been IN NE consulate sno
1850 has been in Italy. Germany and SswIork and had
much experience N the manner OF ceruying pn9nc doc
unens and that all documents when inienied or eTF
dence be Used In foreign country are certified IN the
that the last signature or document is he
signature Of MrDe La delegated by me rench
Minister of foreign relations certify for the Minister,
and that the zeal affixed 10 the document Is the official
and public seal OF the Foreign French !,ter that the
documents also certified by the department OF the
Minister OF Justice and the public sea- OF The Minister of
Justice Is also affixed This witness also Leslhes that he
had the letter from his Government TO Mr. Psset, de
handing the surrender OF M=tzger.
Mr. Bsriiem4n testified hist he is natural born subject
France where he had resided ~ .sr, and having been
for three lawyer in Paris and that the document
is rot certified and verified such documents should b. ii
Il were intended for France because they do
high the head Of departments the signature OF The
clerk and seal are ALWAYS put 10 the papers ana certified hy
the President and Judge ofhe Courthutas 10 documents
France ts witness does not know tie manner
IN yicb thav az certified the signature of the clerk
in the document is certified by the keeper OF the seals.
The witness add. he has any documents 10 be
used Foreign Countres-he does not know that one
Minister OF the L. in Paris cerihes the signature OF the
French Minister France though he has known Il 20 have
been done IN relation to Subordinate Judiciary.
will now proceed TO show The character OF this docti
3. The caption Is in the following words Copy o!
testimony al The Tral OF Nicolas Lucien Metlger,
eSNoiary Sauagumines, indicted as II IS supposed,
should be rendered charged Tor Fraudulent Banknptcy
Breach Trust and Forgery OF Legal Deeds and then II
proceeds TO state That ton the days enrr3 ed on which
March and h and 5tii OF April before us. Euene rh
10y Judge OF Instruction for the District OF Sanagumnes
Most assisted by TIE Clerk nave appeared me follow
ng Witnesses in al 3D. subpHued for this day and place
and how al tie request the Kings Attorney in virtue
OF our order dated the I'm instant ana 10y summons OF
Sheriff Narfeli dated the 18th OF month. for giving
testimony the trial OF Nicolas Lucieu Melzger indicted
for fraudulent bankruptcy forgery aud ortcl OF rust
Said have been heard by US separately and out
of the presence accused each of them before being
heard ha- presented The summons Delivered 10 nm tor g-
ing evidence He ha- tell the truth and nothing
truth We have asked him his age, trade,
profession, and place OF residence whether ne be-
relation kInsmau and NJ what degree OF the parties.
he follows Then follows the testimony the
witnesses taken IN the respective days as previously
stated and each day the formula inserted aud At
The end Of eyey deposition the Of lhsioy, The Of
The CLERK aud the Of the ;ritns 'isnof while At the
Of each page the letter the pHapnc appears.
Al the conclusion Of the whole are these wofds-for
Tine delivered the request of the Kings Attorney
| by the Clerk of the District undersigned Dupn. and
~, ID. aI ,r ,h Tyihrp. If Soreyunines Mosalle
- - I ,,.l;',a,;,,, az H. s,,,t,ra az ~, Dn,;p
~ 60 n ;,r,ai of Snr,-imigs. paris Tho iii
SIein -, sH, o. - - - o.; -. -.
gay %, <,nsu S ,, 5S,iC In6v y With tI. Sal ",
- iSS;: - 80, n r,sn,aon H. s.cr,sr, NJ Stnfc
~ e & n ' ~ Fnrci,n ,inrs crrfid,r fo IN.
b. nai,,rs nj Mr. ianJv Par. The Igth of August
Ist5 ~ n,b,,ion NJ the Secr..afy of stint, The Head
~ L 0a; a., Cbn,e.rv n. Lamar Ger 6rr with I'M.
se,i Of tie CFc. of Minister of Foreign AFars-oH IF
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''r , sS h a.. NJ i c,,nent md m. main ous
,ue. j. .ie ,a ~ a. 49, - - :, abaa
t.uu PIescIte'' - 80. - ~ -
uChteu 70 Or rtcel.eL ~ ~ gts i 20 ' ,t -
Mr justice Slors w ~ Conaet VI bu, W. =, ,'
T. % after examining I Ie anu " i'iii-
Jays Gown lhis iue .ae N"I,t air 1uee,o,e - 80
"ist : tne proper ar " ~ ~ i, ~,
% mos .a"s tle our ai W ~ J , ~, ~
70 T tns cas- y, "a nan Ea " Irsen ~ 55 Tn , ~ nrv
iI.,s -; Sr atr,iry th.r, M IN. nroyed AS rar, Tine
I MY nv, - ~ written AVIS by tb. great
80 d. So q, ~. o,ssa IN b on,. nv ,vifn.sa vino
| W. a. .. 49, ,jF co m 'ostsi ,b,. ori,ioaI
" ,i - ~ " - i si,,, ,sd n, a y-;,i,o
lHe pIuU' ca. % t,, - u 49, -, 49, a. -, - 49,
pI por'ilis 80 ,o w a 49,, ,r;,, Tfs Ji ~ f,r.i,y
us"e % IL I, -, 49, .,,ai-I. h,, -.
celf, docs no! prov i'.it , mus ia 49, se ny G i
Golhpete,. , = m an S 80 ., ;cir .
Smu 'a7s u -. - - 4," nv. nub,ic ,;c, ,YI
NJ =; ~ % ,S -;,,,T o;,oG IN he r.c.;v.5 a.
evi3.ncc In III. c ronr from The office Of te ke.pe
nj nnbc .rries ~ The yrsn in which ih claim
yya f,nnSyd was Objected io bnt the, oh.ction was oyar