New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-25

Thursday.
US. DlsrRIcr CouRr.-Beiore Judge JUdson,
-Ffqbcns C0rpus-In the case OF NNIrmatre and
another. and the female FRANCHISE Bernard, char5
cd with being engaged III the robbery OF the hotel
of the Countess de Caumeut, in Paris, claimed by
the French Government under the treaty, coul'
mitted by J. w Metcali Commissioner, after OK
animation Of the testimony to the custody o! the
L. : Marshal, and ordered by warrant oil Hon
Daniel Webster, Secretary Of State on the
reuort of the Commissioner, to he surrendered to
the Consul General of France to be sent back to
France. but brought up on Habeas Corpus, Judge
.JQdson Yesterday rendered his decision.
The Keeper OF the Prison made h return that
he holds the two men under an order from tAe
Cont Of Sessions, charged with bringing stolen
goods into this State, and the woman also under
nm order from the Sessions as witness against
them, she not being able to give security IL says
in addition that the Keeper also holds them ny
virtue OF a warrant from j. w MetcaIl, Esq U ..
Commissioner the warrant saying the evidence
having been sufficient, the sad Keeper IS ordered
10 retain them n custody TIL they are sent our oil
the country, &c Accompanying the writ mere
was also aid before the Court the warrant OF tue
Secretary of State ordering them to De given up
to the Consul General OF France.
The Court gave an opinion at considerable
length az to the powers and duties OF courts III
cases OF habeas corpus, and cited cases to show
the duty OF Judges not to review, on habeas cor
pas. the proceedings Of Legal tribunal, tthat be-
ing ONLY done by appeaj except 80 TAR as 10 see
II the tribunal which has passed upon the matter
has competent ursdictIon and if the proceedings
nave been regular, and this 1t can only do from
the facts set forth IN the return.
The first section OF the actof Congress providing
for the carrying ont Of the Treaty with France,
gives Jurisdiction to the L. s. Commissioners de
Is to issGe his warrant for the apprehension OF tue
person claimed from abroad as fugitive rom
Justice, and if, Oh hearing The evidence, he snai
deem the same sufficient, he shall certify me same
10 the Secretary of State An examination Of
the face OF the papers, the Court said, shows the
provisions of the statute 10 have been 'ttctIy car
fied out and this Court cannot go benlnd tne pro-
ceedi1es OF tribunal having exclusive JufisdG'
tior 70 .eyiew the facts This has been long set
tIsd-ithe Court qnoted Wneaton 81 Bar
oour, 81 4 Cranch, - Johnson, 25e ana seY-
eral other cases in support o. different polAts OF
the opinion II the warrant IS Puma facie sun
cient thar is as lar as the Court viii ever 20 on
habeas corpus.
The first treaty with France, providing for the
giving 10 ot fugIriyes from Justice, comprehended
cases OF murder, attempt al murder forgery, and
othe,c cases named, but this ROT being found TO
comprehend a.. the classes OF crime new treaty
WIS made, supposed 20 embrace them, among
them arious grades OF robbery such as hl2h"ey
robbery, burglary, and q particular class dea'9'
mated bq term ia the French code, aEd on which
his claim IS founded. AnDgenious argument las
been made BY the counsel or prisoners TO sho@
tina. IBIS case does rot come within the designa
ton Of the treaty Or Of that class OF crime IN the
French code, and ~ishea TO go behind the return
70 prove the fact This woald be against the
rue on Habeas Corpus, the case having already
UeeH passed 0poD, yet the Court, even on this
point, think me case comes within that term,
meaning tase OF crime pual-aa5.e oy aard Ia
boz &c
- 10 The commitments from the Court OF s;ss-
slous he MT Ill pass upoa them, consider
IDs TIE oaiy way 70 presey'e harmony and 1,. en-.
cheney between zoe United States and the stare
Courls IS cr each strictly 70 Keep *itnt1 ~ 10
ID states ConrTs, feels the propriety OF sFfi ny
carving "a. s.eates :hey beng second % Ao.ai's
~, ..r Fancnds Of ssa.e Cor, e.
1rt.-.si. shss agtel5 ca~Pua, ald II ," IS
49, 3f.lf5sssG Ire eo-feetiess ol t-e ssts IS
srea,ert. ms writ Il nabeaa eofpas IS 1lsn1iss-