The New York herald., 1850-12-07


avenues adopted Report in favor OF fng lots,
between Thirty ana Thirty first streets Fourth and
Madison avenues, and fencing the same, sdoptsd In
favor Of reducing psrsonsi tar Of Thomas Raymond,
adopted. Report Of FINANCE Commttss in favor q
Far InGrmary, adopted Also In favor Of concurring
In donation ot $50 to James Nsvn for Of
The Board adjourned until clock this (5sturdaD
Before tho United States Connaissionsr.
THE CASE OF THR FRENCH PRIsoNERs-RoBBKRY 90
THB COUNTESS cArMoST's PROPERTY.
DEcIsios nv JAMES MEroALF, Esa.
71e United States the Rqsition Of The Republic If
virsmaitre and fSoneoise Be~1rd."Ths commi.sionss
the early part Of July 1850 the hotel Of the
public streets OF Paris the Avenue des Champs Ely
sees, No S-was stripped Of its furniture the ab-
moved The three prisoners left Paris and asvrs :
few days after ~ passengers on board the St. Nicholas
merchandise in their possession which eontsiasd .
large portion OF the stolen articles and arrested
imI sSis;H on Their ..riy, ~ The French ssss.n-
claims that they shall be delivered to be tried in
France for the robbery 30 much Is admitted on ell
hands The counsel for tho prisoners objects to the
lst That the treaty il personal conventions
the death OF that but by the
change In the French government that has taken
place since II was entered into hss become void
End That the circumstances in evidence do not
prove the parties guilty of crime at least that ths
In the treaty 1t is not to delay long in con-
sideripg the first point The treaty between the
King of the French the representative of the French
nation and the American people for purposes not
nal private but of great oment the maints-
of justice and good order and such, only
be revoked BY the mutual consent Of the contracting
parties, or, by the termination Of both of
them 1t would be most dangerous principle TO .d-
init that mere change In the private internal polity
of q State, to which strangers not party and ia
which they not concerned, should Civ. 1t right to
declare void Its solemn contracts previously entered
Into pder different name -yattel Dos ct Segg.
As to the second point the treaty which bears date
the eth day Of November 1913 provides by the second
article that persons charged with murder attempt to
commit murder rape, forgery. arson, and enbesns-
tra in the esOsctiVe soansre. where these erin.
sball have been committed. But this enumeratioa
teeras have been found too narrow for on the gath
day Of February 1st5 additional article agreed
to- whereby the list Of crimes extended to Of
robbery defining the same to be the felonious and
foroble taking from the perop Ot another OF goods
money to any value, BY violence or putting him in
fear and the crime OF burglary, dsaning the to
house OF another with the Intent to commit ielonyi
and the corresp ponding crimes included under ths
French law In the words uol quafs crime The Quss-
tioa is whether the crime alleged have bsen com
mtted ty these prisoners Is compr-hendsd In these
tesred ttstsment of Dsnham. which is oorrossrsted
by the testimony produced the part OF the French
republic, that he living in the hotel OF the Coun
tess of Caumont, her servant wages, and had
the entire charge OF the hotel and It's furntne during
her temporary absence In Begium that he Eas ssars
Of and assisted In the removal OF the furniture Ia
the ssls aud receipt OF the proceeds OF part, and
in the packing fer expectation OF the rem siudsr-
He excuses his conduct in this mater by
the allegation that he acting under duress Of
yremstre, the ether male prisoner but his statement
Is tceiVed in that respect with great esution
nd many parts IL variance with the testi
nony TO be entirely unworthy Of credit Itappesrs
fro m the equally volunteered stateent Of
yiremaitre, that he mem Der OF the police
Of Paris that he kuew that the furnaro In question
belonged TO the Countess that he assisted ia procur
ing part the be removed anu sold receiving
the proceeds thereof and also in causing the
be packed and shipped tor ayre nd uti at.ly for
Ne a aE a aete el IA ma amt
Of Denham, who represented TO him that he living
with the Countess as his mistress, the a5ardny aud
invslidity OF which need commeul 1t appears
from the testimony, we'll from the statens OF
frsncoise BERNARD that che had been tor Gys gears
and ttil tie nlGtrees OF WREN attire that che
nnss Of the prSsIe.s OF the pO. Tor the robbery tom
property. which che conesses shs knew belonged to
Ihe Countess de Caumont being found In her posses
sion Her excuse is, that she compelled
TO silence aud fight by duress OF vrsmatre snd that
the articles found In possession were temporarily
eonendsd BY the counsel for the prisoners that the
vorcs of the additional article Of the treaty aud ths
coiref posdng crimes included In the French Law,
under words qtaias criuaen cannot De 40 son.
strued ne 10 enlarge the preceding terms Of robbery
meet objection that the French a- doe. not con
tain these words sud that consequently crime can
be S snerseed oy them' except such as are attended,
sEences unGer our Law. Apart from tbs French vsr-
sion OF The treaty, II seems 70 me otherwise Ifths
crimes under the fr.nsh lawn that Interpretation
would have had more plAufioility; bat there Is no
roon for II when ths Instrument goes on 70 declare
that the corresponding crimes intended TO be en-
braced within Its provsioDs such 10 sluded
under the term rof guditfe crfms,n In the French
code We have here express definition by the coz
tfEctpg psres Of the meaning of the words uBsI BIZ
them and when We ssoertsn whst crr,, these latter
are, shal have the means Of determining whether
the prisoners have been guilty OF sn offence within
the purview Of the treaty.
uJ the Code Ptnot article offences agAn. the laws
divided into three glasses, depending upon the
degree Of puuishment awarded to them; thus thoss
witch are punished tmply by psinss De pslcs, are
called eoutrayentlons,h those oy ptinss csrecfi0n-
eLts dectsn and those By psins aHicfirs oa ia6r-
crimes and dsots subjected to the same punish
nent as the principal and 81 By the def
niiion, gully Of The same grade OF offence BY the
Goth aud t2d articles those who have aided or assisted
IN The preparation coptumma alton Of the fact and
those who have received any portion Of the property
ciimnally obtained made accom- plices In the 7th
nous puui.btzents,r the hith OF which is recudsnr
i'm prisonment The second chat pter Of the second
title treats q the fubj ct Of rofs or arce nss In the
a7ph article Of which the word von Is defined TO bs
Tauduls MT ppropfiston OF that which does be-
long to him Who mite the act ani In article 3ss
the puuishnent Of rrclusoun s provided for three
OF larceny the third q which s where the thief
is "a domestic or servant on wages In the house,
10 not see how for the purposes Of this exsmina-
ton thers be any from the conclusion IRON
thete pr misses, that Deuham, being q servant ON
wagts in the house Of Ma3ame dc Caumsnt, asd hav-
ing carried OF the property which he kneE TO belong
French lsv, n depominAtsd vol aud being Of grade
which u punishable by ailictive and Infamous
rubithment, via recusion IL uoi gu1Uff crime, aud
therefore directly within the words Of the re.ty The
and Bernard The case i extremity olssr ons, and
the three must be committed 10 await the warrant OF
the executive, for their sxradition.
,r.rfne Amatrs