New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-23

% no,. II IA a clAin for Thomas Mama l3'
,.slng done something in iresnd 10Y NSS
R,itlsh Government desire TO pnrtn n0S an,
po e,r ,be act Congess Of loie they could
", ,et no such CLAIM, AZ iesss ~ MAJ
Tin pow Oppesrs. Epgsnd DESIRES 90 S'zea US IA
svery way The other ohy abe mss huntro our u'nst.
e',tyc,n Eew.Foundland or Imprisoned them anh II
ncegea IN o. tting kaioe back 20 ireland his steps
vi Iesd 20 the grave / hope this question: MI De
tso uv by othfrs and 10 other places, as 1t should be-
srs then you must sns vii tucceet
BoRAcE GREELEY remarked that he had
rssased with some reluctance 70 speak on this occa
ain. IN rider to counsel that moderation OF statement
nd dignity of procedure which Is necessary - place
.h case fairly before the Government and the Coun'
t There Is danger that it will be too generally re-
csrdsd ~ an Issue made up by the ldsh Ia Anerica
seainsi the laws and treaty obligations OF this Kepuonc
But that this Is not the true case will endeaVor oneny
% show.
The subject naturally presents Itself under toFee
s,ad.: l. OF Kaine and his oacnse q OF the Tresg
of Extraditon OF the act OF Congress intended 10
siye effect to that Treaty
And first of KANE Thslsrge eetngi'i Itself at least
,a Ese, evidence ii at Ksine is common maetActor
ana hs ofeuse no Ordinary crime. Does any man be-
neve that If be had been pickPocket or burglar MS
srres, and apprebended exuadition would have
called forth hostile demonstration like this No man
will seriously pretend H. He s not al ordinary crimi
nal but man impeed 20 violence by a sense OF wrong
not of Individual hardship, merely. but OF Political
Injustice Hk is one act ia iopg drama OF violence,
having origin In the conquest Of Ireland and toe con-
f,cet0n Ol It's soil 10 the OF the conquerors Adtng
frat line Is guilty Of the act chsrEed HE Is not purely
moral Ufebse but psrakes OF the nature Of aPoitica
one - -. 49,, -.
not CAREFUL, considered the terms of the Treaty Of EX
fTsditiOp do not perceive therein any clear or ade
oyshe safeguards sgBipst the surrender OF those Eu
ropean Patriots who are may be demanded by Tn
5espots they have resisted and sought 70 overthrow
royded the7 shall be claimed offenders against the
criminal laws of their respective countries. |
This was not Intend ed by Governmental sure IL
will not I've submitted TO- THIS Is the time, then, % draw
s,,ention 10 the subject AND insist on such explanation
or modification Of the Ashburton Treaty shs, render
II consistent with those just and generous principles o.
hospitality and protection TO Political refugees which
our Government has hitherto maintained.
8 Teen az TO the sct Of Congress purporttng 10 be
required BY and cOntormed TO the terms othe Treaty
Understand that this goes even farther than the Treaty.
and utterly fs 70 recognize and provide for the safety
Of Political fogrves. Nay but any American, who has
ever been In Europe, and has there given ofense 10
one Of It's despOts, may be claimed after his return 20
this country, and must be surrendered If the terms OF
this act with the expedition given it In Kaines case
be consistently upheld.
Ipresume It Is DO secret that, in expectation of
Irish revolution 10 1efS some Americans TO that
country expecting 20 take part ia It, Had tnsy done
H, ana Ubtu ONtfpOWtItQ du1 LhhtD, tnby Wbutl Va
course been amensoe the laws Of Great Britain.
But suppose they had escaped aud gained this
Try, they could not have been reclaimed In accordance
with the Law Of Nations Yet, had the British Govern
mept wisht 20 execute vengeance upon them It need
only charge them with attempt TO murder, and there
upon demand their surrender under the Ashburton
Treaty
Not many years ago, the celebrated case Of the
Bambsrs excited great attention In our STATE, aud
suited In their escape from extr ,don in case very
similar to that Of ksine About tue tins, William
L. Mackenzie, the leader Of unsuccessful rebellion 10
Canada, fed into this country and his extradtou
demanded By the Canadian authorities OF course,
they knew better than 10 claim him as rebel; but in
the cOurse Of bis operations REBEL be had stopped,
seized and opened the Public dail of Canada, and he
thereupOn claimed as a mail robber. 3 " re-
fused surrender him the ground that bis ofense
not truly mail robbery but rebsioo, whereof the
seizure of the Mail incident-that his ofiense
wa, rot essentially Moral but Political one-and that
we old not surrender Political offenders.
True this was before the Ashburton Treaty but | do
not updeptRnd that this Treaty intended estab
hsh novel principles of International comfy bat rather
10 define and rive force 10 those already existing and
60 to render than public right which before
act Of grace comfy IL not intended TO enlarge
the class of ofenses for which ugives migh. be
rendered.
think the Acting Secretary of State he's made grave
mistake in assuming thst If the Cours hOd no legal CO.
tisce 10 the surrender OF fugttve- tue case is all
judged by them to stand fair the record, tnen
Government ts obliged to make hesurrender under
stand the action OF the Courts to be conclusive
against our own Government but to be Of the nature Of
Information for the guidance Of the State Depart |
nent, which must still act IN its own proper lespon-
fbiliy For example Suppose had had Treaty |
OF EXtrsdition with austria we'll England and tn
The Austrian Courts bad 10 due form indicted LOui |
kossub as thief IN thai he had seized and made away
With the Crown Of Hungary. OF course the sfi.davts
and papers would be all ia due form the oeuss legal
Iy etsbhbed and our Courts must decide that the u
give hostuth s ameneble 10 the Austrian demand
Here b cir respopsibitv ends and that of the Execu
-. do
whether the secretng Of the Crown OF hungary by
kcssuh in truth moral or only political oiense
whether he Is fugitive thief ony defeated rebe
just done in the Of Mackenzie, claimed
mail rohber
These, then are our positions The Ashburton Tres
not nieLdedto enlarge the class of persons liable
extTaddon rs criminals, bot simply TO esta55h
national right what had previously been matter of
grace comfy. . IL never intended to Justify
The surrender of PoIcsl Offer ders 3 1t was not in
ended 20 Ovest the Executive of his proper response
bnily In sdju0gfng what ersOns claimed fugiSlves
iron justice should and what sh ,ad surrendered
To dispute the foregoing positions Is 10 endGngcr the
liberty Of every American citizen whom the British
Government might fl to claim suspected felon.
If these positions are disputed on the ground that
they ere Inconsistent with The Ahburton Treaty and toe
Act Of Congress- then that Treaty should be modified,
liza. act amended. Ana We csin that the case Of !
Thomas kaine shsl be decided Ia accordance with the
principles herein sfirmed.
Mr.. Basteed then came for ward, and was |
received with loud cheers. He said Fellow Citizens
would have desired to be excused the necessity of
addressing you, as am ls5ohng under indigestion
so III sm that have three fines refused within the
present week, to address political meetings. Ii this
were political meeting would not be present either
bm n not This ono connected with humanity aud |
With tie due administration Of the laws aud the |
proper assertion of the rights Of our adopted Gil
seas, and all who seek here resi6ence sad a /
lOnlt. lbs kgtne clainad un1ar Inc |
Ash3uIion Treaty which provides that criminals /
'odl DC given up and among others those who |
AIemrt TO murder. Now ii kane attempted % main |
rleu-e, be could Tot be given up the conditions only
~ Ae treaty were to BE- compiled wih for |, s7ys thai
ee Prson sbslhaye Trial sccordingto the laws oft
p-oe where he 10 arrested Dat II his case there
zen 10 proof that he attempted q XIII Balie,
~ al clesr that re i~ed Bslfe az al fright
b or Indeed, Tat be- 50 all fired al do not know
~" u happens tost there has been such eX- \
Isoroiuey an | viii say unsecnily haste displayed |
Z nis matter. O0 the lj'h Of the present month Mr.
sIaay wrote 10 WsshngtnA esk for time IN case the
Z - Wk rr~a. A -. IL