New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-23
THE EXTRACTION CASE.
TIE Ashburton Tresty-The Case Of Thomas
haine.

for the purpose Of taking into consideration the
late decision Of the United States Court IN the
case Of Thomas Kaine, who, it has been decided,
should be given up under the Ashburton Teay,
in consequence Of claim made for his eStradition
by The English Government. Soon after the hour
appointed the meeting began to assemble, and the
large room OF Tammany was nearly filled Ihere
could not be less than 1900 present, although the
notice was a very short one. Dir. JAMES L. BRA
DY. on the motion OF Mr.. BlaDkmaa, was called TO
the Chair, and Mr.. Edward Mallon, Secretary.
Mr.. BRADY said /, indeed, gentlemen,
did not Intend 70 have occupied ths position which
do on this evening, and occupying the IsiTon
which do toward Kaine as bis counsel, think thst
almost sort Of apology Is necessary from me for doing
So must then, siate TO you that many who would be
most anxious 10 take part In these proceedings are
absent becsute of the place where this meeting held
having political reputation. would, myself, have
preferred any other plscc than this, or aHy other
hall where any of our great political parties are
won't to hold their meetings But this was taken
by the Committee appointed for that purpose sole
ly because they could ind no other room sui-
centiy large 10 hire for such a purpose as tlis-
] do consider however, that such Is poor aud mis-.
taken excUse for refusing to Join ike this
This is only the commencement Of an agitation which
will stir the lend from one end 10 the other wish
that person ess closely connected wiki the Irish
people by ties Of blood kndred than am, occupied
this plsce, but then II refused G would not be
to tie impulies Of what onsider noble pride the
insliIcts Of my nature, ~ NY devotion % my race II
cid not respond ~ the emotions which We all feel OF
doing thing and every hing that would embsrrass
or annoy the iyranD!c snd cruel British GJveinment
Mr.. JERvIsE read the following pream-
bic and resolutions, and pressed their adoption:
ADDRESS
There is now confined in some prison.
within the control q the Marsbs of the United States
Tor thi District, an lrshmsn named Thomas Ksine-s
poor industrious man, who but recently arrived ON our
shores The Acting Secretary OF State of the United
States has sigued warrant directing the surrender of
klDe to Anthony Barclay, Esq British Consul at New
YORK. TO be cen. TO Ireland and tried under British laws
tor allie ged oepse against those laws Heis charged
win having, in June, 1851, made assault James
Bale, with intent 10 murder him. The circumstances,
as stsred by Bslfe, are very peculiar.
kaire having arrived in this country was honestly
seeking livelihood by hard toll, when there came 10
hunt him out an Irish policeman named Mesgher whose
hireng and activity In pursuit. quick.
ened by the offer OF eco reward for haines apprehen
sion. The Ofer emanated from that spot-so detesta.
bic to every true lfiShman-Dublin Castle.
Kane being terreted out was taken a warrant
issucd by JOSEF BRIGHAM, Esq of our U. Com.
uissionaers, before whom bearing OF the
bad. Messrs. Richard Emmett and Richard Busted,
two lawyers of our City, generously volunteered TO de-
iend Kane, and grsiLousy and zeslously abored TO
s6cOure his discharge
The proceedings of Mr. Brigham were professedly
bad under the famous AshDuftOn treaty adjusted De-
the United States and Great Britain, through the
agency Of Hon. Dcnie Webster and Lord Ashourton, in
l642.
Toe Tenth Article of that Treaty is as follows;
ART TO- |, is agreed that the United States and Her
Britannia Majesty shall upon mutual equiston by them
their Ministers officers authorities pectvey made de-
hver justice all persons who being charged with the
cn MURDER assault It'll intent TO commit MURDER
pscy aon forgery OF the ueranee OF forged paper
committed within the Jurisdiction of either shall seek
esyum or shall be found within territories of the other;
provided that this shall only be done such evidence Of
cnnety according to the laws OF the place where the
fugitive person charged shall be found would justify
his apprehension and commitment for ts, # the crime
had been there committed and the respective
Judges and other Magistrates Of the two Governments
shall have pow jurisdiction and authority
made under oath, issue warrant for the apprehension of
fugitive or person SO charged that he may be brought
before such Judge or other MagaeS respectively to the
that the evidence OF crmnaty may be heard and
81 tered and II such hearing the be deemed
Sufficient to sustain the change shall be duty Of the
GnF Judge or Magistrate 70 certify the the proper
e. ecutive authority warrant may issue for the sur
such fugitive The expense OF such apprehension
sud delivery shall be borne and betrayed by the party who
make The Iequiston and receives the fugitive"
II 70 evidence bad been received against Kaine bat
such authorized by the TIE atty, decision I'd.
verse 10 him could not have been made for by that
Treaty the investigation 10 be had according 20 the
laws OF the place where ksine was found ThaI place
was in this Instance, the State of NewYork By the
laws OF this State party charged with crime has the
right 10 be coniro 4ted with bis accuser to
anime the Witnesses called against him, and TO examine
others in bis defense II these most important III hts
az 0Ice because his Bale Is not and has
en-, in this country. Subjected the scrutiny of
cruss examination there is every reason to believe that
| his testimony would have proved wholly unreliable.
Ine story he tells is utterly incredible No
well conceive that kaine who had no quarrel or
cause CT quarrel with Bae, would volunteer to murder
him in sveDgDg the supposed actual wrong dsne
third Terstn. And II h,ine deliberate
sin it is impossible to understand how, with two pis-
tols in his hapd, he tailed 20 accomplish HE design
Bslle says that KANE bad both the pistols in one hand
Whit he discharged ono OF them. We told what
bees OF the pistol The one discharged was so
close Bafes body at the moment that the fame snged
h clothes and yet be escaped with only abrasion of
toe skin caused by the passage OF ball and sho.
along Biz side. Such the result OF awelcOnsdered
scheme ~ murder, conrived by who provided
himself with pTayerbOOk, and flung IL the ground,
lbstwhie his victim STOPPING toward the earth,
he might be butchered The narrative Is silly In the
IRENE How was il verified before Mr Bird shaml Sim
Ply aud exclusively by copy Of Bales affidavit made
paTte before real pretended magistrate In Ire
abc aid certified by such magistrate TO have been so
taken. This was the only evidence of Kaine's criminal
ity Yet IL deemed sufficient TO convict him, not
merely Of attempt TO brighten, main, or do anything
less than kl-or II such had been his ofsnse the
would not have come within the Treaty-but OF An
sault with intent to murder" the only assault for
which the Treaty provides.
By what authority did the CommsaiOner receive that
eviOencef
Nor by the Treaty. for that required the evidence 10
be according to the laws Of the place where kanC was
found viz: the State of Newl0rk and taere is no law,
common statute, in this state, which would justify
receiving any such parte testimony.
But It received uoder the second section OF an
act Of Congress, psssed in Isis. ThaE section is in
these words:
"SEc And be it further enacted That in every Of
complaint Aforesaid Of besllg the Of
the warrant VI arrest copies OF the dspon upon which
an original warrant IN any such foreign country may
beeu granted certified under the hand Of the
scLs Issuing such warrant aested the oath Of the
rarity prodr them 10 be copies OF the rEnal depo
sons may received Ia evidence Of the crninaty OF
the person so Appreciated"
A more dargerous-a more Ubiquitous provision never
Yves Incorporated IN any law. IL Is in effect solemn
declaration BY the American Congress that any man
who ever set dis foot British soil may be surrendered
TO the giish Goverpm fugitive from justice on
DO ether evidence than the copy OF affidavit made BIZ
some one resicoe within thu British dominons charging
the pal " with having committed offences men
ioLed Ia the Ashburon treaty And than this If
spsper PuJ oTng to be copy OF such affidavit be-
forged and tome irish policeman or pretended police
mar eau be four 70 10 lts being genuine that