The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-29

The DESERTBK'S CASE ucDKH TIE ExrRADrrroN
CLAUSE OF THE AsHBus Tor TREArY.-The case Of
the United States against Stephen Welch and eight
others, now pending before Mr.. Commissioner Brig
ham, and noticed in another column, is Of great
Importance, and should not escape public attention
The defendants deserte.s from the British army
IN Canada. They were pursued Immediately after
deserving, and apprehended in Maine, but libe
rated by the judicial authorities, the ground that
the terms of the Ashburton treaty did not require
the United States to restore them. The treaty
requires the yielding ap of criminals accused of the
crimes of MURDER arson, robbery, and other feonies
generally designated mal1n in Sc Crimes created
by local statutes political crimes not embraced
in the treaty, nor those generally designated
"msdemeancrs," as contradistinguished from 'fe-
lonies''
The British government have given a construc-
tion to the extradition clause of the Ashburton
treaty in at least case which, if correct, these
men should aot be yielded up under it, Nay, if the
British government have not decided correctly, the
deserters should not be yielded up whilst their de-
csion is unchanged. The iule must work beth
ways. After the treaty was ratified, and during
Mr.. Tylers administration, several negro slaves
the Atlantic coast of one Of Southern States,
murdered their oyerseer, burned his house to cor
ceal the Murder, and stole boat and other pre-
perty of their masters, and fled to the Bri ;ish
Bahama Islands. They were indicted for these
crimes, and demanded Of the British autho-
rites at Nassau, New Providence, blythe United
States revenue cutter was despatched after
them, and the United States Marshal, with
the indictments and witnesses to identify them.
The British judicial authorities formally and grave
ly decided that the treaty did not cover the case
and even went far as to intimate that the taking
Of life and property by slave in effort to
his freedom, was quasi political crime, act Of
insurrection, and not known to the British law as
one of the crimes specified in the treaty; and the
judges refused to surrender the fugitive murderers
and thieves!
This case laid before Congress by Mr. CAL
houn, whilst he Secretary of State and it is to
be found stated at large in the printed documents,
about eight years since. 1t subject Of debate
in the House of Representatives. The British GO
yernment sustained its judges. If that de ,son is
adhered to- the British government cannot claim the
restoration Of their deserters, though they did
bring off their muskets and equipments. take any
other articles of property assorted to them to enable
them to escape, or in delivering them from their
military slavery. Those lesser offences are all
merged in the felony of mutiny, and according to
the decision ofthe Bahama British judges the offences
we're merely political. The restrictions ofthe treaty
cannot be evaded by trumping up a charge of steal
ing penknife or anything else, if il was an act
done to enable them to desert. Deserton is not one
ofthe crimes enumerated in the treaty.
We may be mistaken, and have no references at
hand to correct impressions of the Creole Enter
prise and Encomium cases, that one or two of them
of piracy and murder in American vessels,
and that the British authorities refused TO surrender
the pirates and murderers, on similar grounds;
the criminals committing the acts to escape from
slavery. 1t may be, however, that these cases
before this treaty. In the Amistead case, the
United States courts set the negro murderers and
pirates free. The British deserters to have no
legal counsel. Probably the anti fugitive slave
committee or association do no. employ counsel be-
cause they are white men. The commissioner will,
we presume, give his written opinion on Monday,
this highly important and interesting case.
INTELLIGENCE FROM UAvAsA.-We have received, ria
otr hea Eoyo JyaI,,n