The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-04


cation of our own law which was to have been en-
grated upon it, certainly appeared to go beyond
the necessity OF the case and might have given risa
TO serious abuses.
Our attention is recalled to this subject by the
circumstance that France is not the only country
with which we have entered into engagements Of
this nature. The 10th article OF Lord Ashburtond
treaty between Great Britain and tho United States
of America established similar engagements, which,
have pow been in force for ten years; and at this
very time ease has arisen under this treaty which
excites considerable attention in the State OF New
York An Irishman named Thomas Kaine, who
had effected his escape to ncfica, was Claimed by
the British Consul on charge Of assault with in
tent to commit murder. and accordingly ar
rested and brought up before the United States
Commissioner in New York The treaty requires
that surrender shall only take place 9 upon such
evidence OF criminal as, according to the laws OF
the place where the fugitive or person so charged
shall be found, would justify his apprehension and
commitment for trial II the crime or offence had BEEN
there committed It, therefore, becomes necessary
to make out before the American magistrate q
pyina facie case Of guilt the person chargeds
and Nj Commissioner Brigham seems, on this occa-
sion, to have taken very full and fair view OF his
powers and duties. The crime of (which Kaine is
accused is, that he wilfuliy fired pistol at man
named James Bale, in tho county Of Westmeath in
Ireland, and inflicted wound on his side
warrant for the apprehension of kaine was issued
by q magistrate for the county, and placed in tho
hands of the same police constable who has followed
the culprit to America. This man was able also to
act as witness, having previously known Kaine,
whom he identified, and having seen Balfe, the
wounded man, the same day on which he was shot,
and when he gave information Of the crime. An
attempt was made by counsel on behalf OF the pri-
soner to raise fresh legal difficulties by requiring
proof of the authenticity OF the warrant, but this
point was overrued and Mr.. Commissioner Bridg-
ham, having considered this evidence, very properly
announced that he should~report the case for COM
initial to the Secretary of State, by whom the war
rant of surrender must be deiintiyeiy issued.
The Irish inhabitants OF New Y ork, with cllarac-
teristc Indifference to legal obligations especially
towards their native country expressed great excite
ment and irritation Mt this decision. The crime OF
which Thomas Kaine is accused, was o foul and
steathy attempt by Irish peasant to murder an
Other Irish peasant. in cold blood with no direct
provocaton, and after The assassin had approached
his victim with pray er- book in his hand. By an
extraordinary piece OF good fortune the wound in
hiced by the pistol, was not mortal, though marks
were found in the mans side, bullet aud2l shots
But the cause of the quarrel lay in OF those eyic
tons or transfers Of land which appear TO render the
Irish peasantry capable Of every atrocity, to
each other, when the idea OF agrarau vengeance
has gotten possession Of their minds Ii was after
a conversation about some land Of which n man
named Stone had recently been dispossesssd, that
the murderous assault was made. No doubt tho
escape Of Kaine was. as usual, facilitated by the
country people of Yves tmeath; no doubt he was re-
ceived by his counrymcn il America, not as a crimi-
nal iy ing from Justice but rather victim of op
pre- ssion. Had ii not been for the frmness of the
United States Commissioner IN New York the Irish
moo SIOWCu ~ StIOHS uisf'Shioh " utbhS law
into their own hands, and resist the surrender Of
Kane: but the case was established beyond the pos
sbility Of legal doubt, and Mr. Brdgham displayeda
laudable resolution to enforce the provisions of the
treaty and Che law without any infringement on tho
Just rights Of personal liberty
The provisions of the Convention Of IS43 which
is still in force between this country and France,
extremely similar to those of tho treaty which
we had then recently concluded with the United
States. Both these conventions require that the
warrant Of surrender should be supported by
evidence sufficient 90 obtain y committal for trial
in the country in which tho fugitive is found. 1t
is obviously much easier 70 produce in England
such evidence of crimes committed in France, than
il is 10 convey such evidence, ia this instance,
from England Ireland TO the United States
and considering the very extensive powers of re-
mardipg prisoners for further evidence which arc
habitualy exercised by our own magistrates, we
can see no insurmopnabe difficulty TO the complete
execution Of the existing Convention in all cases
that fairly require it, IL is obvious that the an
Gent notion of asylums for the protection of guilt
which converted the most holy places into sane
uares for crime and fortresses against the admin
istTation OF justice, is Inconsistent with sound
view of public duty and nterest. All nations have
common interest in causing the laws which punish
murder and robbery, to be executed, and 1t would
be Absurd to plead tor nIsn whom every country is
more concerned to expei from its bosom But we
have equal interest in seeing that the law is not
strained, even to effect he capture, to punish
the offences, Of the worst deuquents; and for this
reason it is prudent to require proof ut every stage
OF criminal procedure especially when the arrest is
effected in country aud the trial to be conducted
by the laws Of another