New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-08-12
THE CASE OF THOMAS KAINE.-'Anglc


TIE CASE OF THOMAS KAINE.-'Anglo-
Saxon informs us that one Irishman was turned
out of his tenement by another last winter
under circumstances evincing great inhumanitv
and recklessness. lie wants to know whether,
in case the eyicted had thereupon procured
gun and shot his hard-hearted landlord, we should
have considered the case one of Murder or of
PatriOhSm.-We answer, Probably neither.
Now let as suppose a case. We will take the
Aboriginal tribes still remaining in our State.
Suppose the White Race had never bought any
land of them, but had always taken all they chose
10y the strong hand until they had asserted their
ownership of the whole. Then they go to the In
dams still living on some portions Of it, and say,
Pay me rent for your dezen acres, the remnant of
your foreiathers' millions, or be elected The
Indians don't begin to pay the rent requred-per.
haps they could not possibly do it. Thereupon a
party Of officers hustle their children out OF their
cabins, unroof or burn those cabins, and drive
the bewidered, shyering inmates off the prem
ise:-and suppose the Indian head of that family
stung to madness by the spectacle, should raise
his rifle and shoot one of the officers would An
glo-SaXon' consider the act Murder Patriot
ism, mixture of the two something different
from either! What does he say We have cited
case far more nearly parallel with kaines than
his; how does he like the parallel
We have not desired to preu ige kane's
case-we have not inyeighed against the Extra
dition Treaty-we have only asked that the Trea-
ty be fairly interpreted and applied and that the
man kaige shall have fair play. 1t is not fair to
PREJUDICE him and rush him into the lions mouth
as too many of our contemporaries have manifested
disposition to do; it is not quite the thing to
have him sent of under Slave Law Commits
sioner's certifcate-we don't approve that sort
of adjudication, whether fJr White or Black men,
Thanks to his counsel and a few sympathizing
friends, his has got by the Commas oner to
the Supreme Court, where we think it should
have gone at first, and where it is likely to stop
awhile. We have no doubt that the scales of
Justice will be held with steady hand by that
Court but We must insist that though the Court
will doubtless decide the case with strict legality
there are political welas legal questions involved
in it, and that after the Courts shall have passsd
Oh it, the President and Secretary Of State must
review the whole matter, to see whether the e-
gal Ofcnse did not grow out Of political one
for viii ExtradItion is not allowable. We do
not pretend to say how the President should de-
cdei but we protest against the doctrine that
the Counts action covers the whole ground
Had We an EXtradition Treaty with Austria, and
had she demanded kossuth on q sworn charge
that he had stolen the Crown jewels of Hungary,
the Courts might have felt compelled to decide
that the charge was made out and yet the Pres.
ident might very properly adjudge that the act
charged as stealing a single link in the chain
OF hungarian resistance to Austrian Despotism.
and on this ground Greet that he be not given 10.
The Editor Of The Tribune was recently
appointed on Committee to solicit contributions
IN behalf Of kaine's legal and thorough defense.
Sickness IN his family and pressure of cares