The New York herald., 1850-12-24
United States District Court.

Judge gave the folio wing deoision The
the l4th day OF Decenabsr 1850 siswed that
day and the trial thereof ordered for the 10th
and ds y
liam Edmonds, TO whom the said writ directed ss
Warden OF the city prison Of the city and county OF
New York, made return OF said writ bringing with MIN
into court the three per- in his custody oy
virtue Of three warrants OF commitments two OF whc
are from the Court OF General Sessions In ana Tor tne
city and county of New York signed BY the proper
clerk thereof the first contanng order TO imprson,
Keep sna noo the ssid NICHOLS shs ana n
stolen goods, knowing them to be such orme against
the laws Of New YORK and the other warrant com
dy the said Francois Bernard as witness to give evi
dencs In the therein named the said Rrancoise
having tailed to give the proper bail for her sppesr
ance 9 wtnefs; the former bearing date the llth
day OF Decsmber 1850 and the latter the 18th day
OF said December 1850 The return further states
that the said Nicholas Geol and Praneoiss are also
In his cuftody and keeping as warden as Aforesaid
by virtue OF smother warrant granted by J. W Met
calf, United States Commissioner, In the following
words, to wit -
Z" United States Of America:
To the Marshal OF the United States for the Southern
district fNew York and TO his Deputies or to any of
them.
teenth November 1859 Tor the apprehension OF George
Denbam. alias Frederick Cole, Nicholas Veremaitre
and FIsneoiss Bernard parsons found within the
limits Of the State OF Nes York, charged with having
committed within the jurisdiction Of the republic sf
France TO wit In the city tf Paris the crime OF col
sualife crime the crimes enumerated aud pro.
yidtd for in ths treaty If extrsditon between that
government and the United States; and whereas, the
said persons having been brought before me- aud the
evidence Of their crinlnaity having been heard ami
considered. the sVdsDce deemed tufhcient by me
TO sustain the charge he provisions ef the said
treaty. Now thrn you are hereby commanded to
keep the raid George Dehham alias Frederick Cole,
Nicholas Ysrsu,aitrs and FTansose Bernard, In safe
r, ndered on the REQ sss ct the proper authority to
such pereon persons tAl be authorized in the
name and on the behalf oi e ssid republic of Francs
TO lake charge OF tbs the purpose of returning
them to the territories OF the said republic Witness
my hand and real this sixth day of Dece 1880,
and OF the lndepend.nce st the United states the
wv hErCALF United States Comm issioner.m
The object OF this wit isto procure the discharge
of these prisoners The petitioners have been fully
heard In support OF their rights, by learned counsel
and the cause bsvng been deferred for consideration
until the t-epty thru day Of December, 1880, when
the prisoners are brought into court and there
upon IL is rul by this follows:-Upon this
return, there are two important questions involved
as important as any which can be suggested to our
minds-they regard not only the civil liberty OF men,
the code Of criminal law and treaty stipuations, but
slto In what manner the same sks bs administered.
The question: which arise upon the two warrants is
suing out OF the State passed over; and
proceed directly TO cens1sr ths main question which
has been the subject of dscs salon here This Is the
warrant Of the United states Comnissionsr, upon
the inquiry which has been had befor. him
on the demand Of the republic OF France, wherein
these three persons charged with the commission
of crime in France which, a. that government
claims, is crime falling within the provisions OF the
treaty between the United states and France. From
this warrant II APP that hearing was had before
SUFFICIENT to sustain the charge and thsreupon the
rant in question was Issued Accompanying this return
of the writ the day the trial. and during its pro-
grsss there also laid before the court Of
exirsdtion. granted by the Hon. Daniel Webster Se-
cretaiy OF state under his hand and seal Of office,
dAteo - -, founded on the proceedings OF the
Comnis directing aud ordering that the said
Nicholas Geergt, ana fraIeois be to the
Consui General Of France, fugitives from justice
This document IL MADE part Of the case, and the
question nov is shsll these prisoners be dis-
charged, or shall the ha5eas corpus be dismissed,
prisoners
In the hands OF new the public officers! The
9th day OF November lsi5. and provided for the
render OF thos. who were charged with murder, com
prehtnoing the crimes cesignated 10 the French Pc
nal code BY the terms as,assinaton, parcids infant
eide and poisoning attempt TO commit murder, rape,
forgery assn, OF embt tzzrnent. This being found In
adequate 10 cover all the crimes perpetrted n both
govsInnents, en- the 2,h day Of November, lsi5, an
additional treaty was concluded, embracing other
crimes, IN these words che crime Of robbery defining
the same 10 be the ieloLous and forebls taking from
the Ieion OF another of goods money to any value,
by 'elsics OF putting him in fear and the crime Of
burglary ceuuipg the came to be- the breaking and
catering BY Dignt into mansion house of anoth.
sr, with intent To commit felony; and the
r,sT1nopg erimes iDcluded under the french
embraced In the tecoud article OF the conven-
tion a. ex,rsocton m with Francs In ls.3
The warrant Of the Commissioners on the face OF II k
JpiWd Jacie Bliance with he terms Of the treaty
shd frcn the ce oi the warrant Of the Secretary of
ings Of the Connissionsr duly returned to the
oe OF the Secretary OF state according TO tbs of
a
Swing fleet 20 certain treaty stipustons between
This End for.ign governments, for the apprehension
18th day Augut lsss The hr,t session that act
gives Jurisdiction 10 United states Commission
upon C mplsnt ads on oath and he is to issue his
warrant for the sppreheI sion Of persons charged with
offences under the provisions of treaty; aud II,
hearing the evidence he shall deem the sufficient
TO sutain the charge then sueh Com missioner shall
certify the the Secretary Of State aud issue
his warrant TO commit to jail until the surrender shall
be mate BY the Secretary of state on a minute ex-
n hp
nom the face Of the raptrs returned that the pro-
yisors Of the act Of Congress have been strictly
piled With The bret point made by the learned
ss In opposition 10 the legality Of this proceeding Is
that there has been crime committed by either OF
these persons iDrastody which will Justfy the extra
dillon commanded In the warrant OF the Secretary OF
state and it Is insistsd that the terms gal.he
ciws are descriptive Of no specific crime whatever,
and Therefore the council infist upon the right Of
going btbind the present finding and variant OF the
Commitsion.r and show by testimony that no such
crime has been committed ss fails within the treaty
The witt oi habsas cofgss has been long in Q
wit Of nsht it Is judicial writ, conaded TO tbe
legal dser,tion cf the courts to whom tte Jurisdiction
has b,eu impaired This great principles BY which the
courts are governed in the proceedings this writ
arsas ~eIl s.tu.d ana perhaps better settled than
those spIoahle TO any other department Of the law
AmerH tfsse principle fud he legality illegal
itJ Of the impscnmf a. H 70 BE- determined oy the
turn or In other the facs OF the papers Of the
cae Tie nj b. port o. this writ roud apply.
With great force 60 an arpra but there is di renee
veil settled, between an arptsl and this writ In
case the facts sxamined but in the other the
Law j. applied 20 the acs already found la deter
mnnH ttis case "a" ar 70 consider trft whether the
Con nistohst lad jun aicon Of the subject matter
The la~ OF Cougress before referred to- coniers this
juris dietior in sHptes terms lie is to hear the evil
dsnCr. sDd N h. ceeus it sufficient 90 sustain the
chsrEe, the warrant tauCs No Language b. more
explicit, anu. mem TIE purrcrt of thai language, the
iuTisuictcn ie not cuiy gwen, but IL IL exeiusive
hen the next tuquify Dr. hoW this court 90 be-
Lind the bndiug OF auy uitunel having eNclu.iVeiu
iisaiotCn. for tie pufp rveriug the ets, Tbi.
question haf teen su veil aud 80 long settled. that
there is no RON iuI dUott. wheaton IS sKparte
htuBty In that ctis ttt supreme Court fsid This
cpTi douCthUg wharl person IL in execution By
tbe !ur gment q coart having compctsns iursoic-
tCu tht court h not court ot Appeal Dal 1856,
GIeklTy " stofy- ben. on thf tass 81 the return
apg that The justice exceeded his jurisdo ton
ttsn iabfss rolpus HJs.n I Ashmead 10 Rush J. |
ttid; On hgiees ru So is not competent for
tUr to inquire into The regularly Of the proceedings
cf sEstier" . Mclaft 81. JOhnson the United /
ON hatsas srIrg, the court cannot loos be-
lind The ssnteuce al tie court where t has iurts-
uiotitu.' Ia JaeobU Las Dictionary, tite Haieas /
Co "a, " tId the iuo sing laid down, in estly timss