The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-30
The Case or the British Deserters, Under the
Ashburton Treaty.

~ mas pfouuceu quite an excitement among
the Irish population, and indeed, all classes, and
win cause sill more Nothing was known of its
till the report in the Herald Of yesterday.
notice has been given for public meeting Of
lrishmen this morning, to consider the case. Walsh
we learn, is without legal counsel, but we pre-
he will not be when the case comes up to- day
We hope he will have legal assistance, and il una
BILE to fee lawyer, the Commissioner, it seems to
us, should assign him one, to be chosen by him.
lie has been kept, we understand, by the United
States Marshal, in custody, since being remanded
on Saturday.
This case has occasioned some reaecs lions, which,
in our judgment, worthy Of being noted
When a fugitive negro slave from the Sou ;hern
States is arrested, battalons of lawyers promptly
volunteer to aid him to escape. The provisions Of
the constitutional compact between the States is
sought " be nulfed for the runaway slave, and
acts of Congress, requiring his surrender, are as
sailed as unconstitutional, and every pretext re-
sorted to in order to get him clear
Now, here is the case of poor white man, not, it
is true, of the Wanted Anglo-Saxon race, but of
Celtic origin-a native of Erin's green isle. He
was probably forced to enter the British army by
that despotic poverty which English oppression
makes the lot of every Irishman who is not "born
with silver spoon in his mouth" Breathing
American air, his soul swelled with the holy aspi-
raons Of freedom and he has cast aside the claims
of British military slavery. Sir Henry Bulwer and
Mr.. Barclay demand that he shall be surrendered,
under the Ashburton treaty. What is to be done
with him Though it is in time of peace, the FREE
quent desertions from the British army in Canada,
the British government think, demand an example.
Poor Walsh must be handed oTer to the tender
mercies of British army officers, incensed against
him, and be dealt with by military law, for the crime
of desertion Where are the anti-fugitive slave
law sympathisers Their philanthropy, like Bob
Acres courage, it seems has all oozed out at their
fingers ends" The defendant has, as yet, no coun-
sel-no aid is rendered to him-no sympathy is ex-
cited in his behalf by the friends Of human
rights" they call themselves; but he may be
d jagged back in chains, to undergo the punishment
which the British army officers may decree shall be
inflicted upon him. without one word being lisped in
his behalf by the negro philantiropists. Away
with such rank hypocrisy
We say the real offence of Waljh-disguise it as
the British authorities may-the offence for which
they anxious to get him back for trial. is that
of desertion, and desertion only. The charge of
robbery" now for the first time presented, is sup
Douse, ofthe Ninety-seventh Regiment ofFoot, who
says: $50 far as know, Walsh took my keys and
knife with him; made general search, and could
not find them; the knife valued at dollar,
and the keys about five shillings sterling" This
accusation is all mere pretence. 1t is a charge
trumped up, whereupon to manufacture demand
under the treaty. 1t is called "robb berry, of the
'lnife" and ''keys." What could Walsh want
with them What use were the keys to him! The
story is ridiculous upon its face. Has any iniict
ment been found against Walsh by Grand Jury
If New Brunswick, sanctioning this charged No
II is all founded upon the oath of 'lance corporal"
of the British army, swearing as far as he knows"
to very ridiculous story The very terms Of his
testimony show the accusation is mere pretext.
Nohoncst and intelligent jury on Gods earth, we
are satisfied, would find Walsh guilty on such va
grant evidence, if the witness free Of suspicion
Of being under military duress in giving it, and
titled to the highest credit. No British jury
could be packed, even in England. that would do IT.
The object is to get him back to punish him for de-
seItion.
This man Walsh has, ii is said, enlisted as a
soldier in the United States army, and taken the
oath to be true to the constitution and laws Of his
adopted country. The American flag will be dis
honored if he is yielded up, unless the treaty stipu
lations imperativoly demand it, We would not
violate one letter ola treaty, but would fulfil its
obligations with fidelity. But no frauds should be
committed the treaty by British authorities and
the attempt to prostitute the treaty. and pcrvert it,
should be repealed and secuted with indignant scorn.
The history Of this country proves that this case
il ono tina. should be solcmnly and gravely dstcr-
mined The people will not be satisfied unless IL
Il. They win review what may be done, with
Jealous watehfulncss.
The old men OF the present day remember the
case Of Jonathan Robbins or Nash. They remem-
Der the conduct the British aava officers prior to
the Of 1872 in arresting, under the pretence Of
being de erters, and in imprcssng citizens from
ships. They remember the attack Of the
Leopard on the Chesapeake. Occurrences have
taken place sinse that have not aided to allay the
feelings then excited. The attempt to are this
lrishman is most injud cious, tending to lay the
foundation Of differences between the two countries
We should not be surprised il 1t Is the beginning OF
serious troubles.
No man in this country who reads Douse's evil
dcncc but win be satisfied that the attempt to arrest
Walsh for robbery Of his knife and keys, is an at
tempt to perpctrate gross fraud upon the treaty,
and to dstort and pcrvert the real ofence-lcser-
ton-into n crime embraced by the treaty. We
are 70 lawyers but II 10 that this frivolous
charge q " robbcry' of tho penhnise and keys II
uuc--if il bad been sworn to positively by the
witness. instead Of "as Ear as know'-if sustained
by m Indictment now produced, is not case within
the treaty II 20, eyory case Of desertion can be
transformed into case of robbery or felony.
dc.crtcr running oil with his uniform. can be A..
& ftvs. H. gE Isr
Vicotia brcechSs Of tn value Of Iwcnty shllings,
81 her Majesty shirt, or the value of Eve shlinss
All The soldier wears belongs 70 tue Queen.
Again-why did the Britisa Bahama ia igcs refuse
% give ~ unler the treaty, the fisi.ivc negroes
who had murdered white man in Florida
committed arson ny burning his dwelling
house, and VITO committed greni larceny, end
al g. Nassaul That decision should control