The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-08

Like the Sabine virgins. she will soon learn
to love her ravisher.
THE CASE OF PAUL BRUM.-One OF the
evening papers of Friday last, in noticing
the recent decision Of the Supreme Court
in this case. mentions, as one of the errors
in the proceedings, that the affidavit on
which Justice Drinker issued his warrant,
aid not state that the prisoner had deserted in
any part of the United States. This is not cor
rect for Justice Drinker issued his warrant on
a reouisition of the French Vice Consul, and not
on any affidavit The opinion Of the court, in
fact is that because the statute of the United
States does not, in express terms, confer autho-
rity on State magistrates, such authority in them
does not exist and because il is no where in the
papers alleged that Bruni deserted in the United
States, the proceedings are invalid; and the
opinion is based upon the idea, that all the pro-
ceedings were those Of Justice Drinker, and
only under the statute.
This opinion not only reverses the acts of
Justice Drinker, and the decision of Judge Ed
wards, (of the Supreme Court but also virtually
reverses the decisions Of Judge Oakley, of the
Superior Court, and of Judge Edmonds, of the
Supreme Court.
Let us see how far this last decision is..tenabe.
The proceedings in the case, in the first in.
stance, were exclusively those of the French
Vice Consul, who acted under the existing treaty
between France and the United States, which
authorises him to cause to be arrested in the
United States, deserters from French ships, no
matter where they deserted; to invoke the aid
of all officers, courts, and magistrates, compe.
tent; and to dstsin them three months from the
date of arrest, before sending the dssertsrs
home. This treaty is the only guide, the only
law recognised by him, or by the French nation.
Any statute, in part or in whole, abrogating or
impairing this treaty, without the consent of the
French nation, is violation Of the treaty.
The Vice Consul in this case made his requis-
ton in strict conformity to the treaty, and there
fore rightfuly omitted the allegation which the
Supreme Court has deemed essential under the
statute. The requisition is not under the statute,
and the statute cannot control the Vice Consul
in his act of making it; nor can he be responsible
for the erroneous declarations of the magistrate
to whom he applies, in the warrants that he may
issue in virtue of it. The subsequent proceed
ings (whatever may be the statements of the ma
gistrates to the contrary,) except only so far as
they are in aid of the treaty, and of the requsi-
tons of the Vice Consul under it, are not under
the statute, but under the treaty, and are to be
controlled by its provisions, and not by the sta
tute, otherwise than to add means of enforcing
it. In fact, this is the professed object of the
statute, and therefore the clause which declares
that the requisition must contain an allegation
that the desertion occurred in the United States,
and that the deserter cannot be detained more
than two months from the date of the arrest, are
in derogation of the treaty, and virtually an alb
rogation of parts of the same; they are therefore
inconsistent with the intent of the statute, and
utterly inapplicable. The declaration OF Judge
Drlnker, that he was proceeding under the sta
tute, when, in fact, as the requisition demon
strates, he was acting in aid of the Vice Consul,
under the treaty, can only be regarded as sur
plusage, and cannot vitiate a valid proceeding.
In respect to the competency of the magistrate.
Why authority, in express terms in q statute, ia
required to confer jurisdiction on State magis-
trates in cases of this kind, except by COMPARE
son of the verbiage of this statute and the law OF
naturalization, does not appear by the opinion
OF the court; and it will be difficult, if not
impracticable. by legal authority, to sustain
this position, in opposition to the authorities
to %he contrary. But on reference to the sta.
sosS ~aeoSh, ~ oPPcdi5 ia cApIc6S teTmB IL
declares, that it shall be the duty of any court,
Judge, justice, or other magistrate, having au-
thority to issue warrants, to cause the person to
be arrested, &c. How then can it be correctly
said, that the statute does not give the authority
in express terms? If Justice Drinker is ma
gistrate Estate or United States,) with authority
to issue warrants, is he not included in the word
any! Is he not so meant to be?
Included in this case, are questions of such i'm.
portance as to render it one of high and solemn
consideration. Whether the treaty between this
country and the French nation, in good faith
performed by the latter, shall be obstructed or
avoided in Its performance on our part; and the
consuls Of the French nation, after after being
involved in complicated, laborious and expen-
sve litigation, fail in their efforts to obtain its
performance, by reason of the alleged errors, or
by reason of the diversity of opinion of our own
magistrates or Judges, although they, the con-
suls, have in behalf of their nation done all that
is required of them whether statute can be
passed in part or whole, directly or indirectly
abrogating, or violating, or impairing, treaty
solemnly made with foreign nation, without
the consent of both parties; whether treaty
comforting powers on the consuls to arrest and
to call to their aid any magistrate, restricts him
to invoke only United States magistrates;
these are amongst the questions that will be
solved by the ultimate result; questions deeply
interesting to every American citizen, anxious
that the treaties of his country shall be correctly
and carefully performed
FROM BRITISH WEST INDTEs.-By the arrival
Of the bark Montezuma, Captain Francis, we
have files of the Guiana Times, published at De.
merara, to the 10th ult. No news of conse.
quence. The islands appear quiet and healthy.
Quick PAssAcE.-The new steamship North
ernerner, which left this port on Saturday even
ing last, arrived in Charleston on Monday night,
making the passage in IS hours.