The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-10
The ExtradltiOn Case-The Decision OF the
Commissioner Sustained.
UNITED STATES DISTRICT COURT.
BEFORE Hon Judra Bette


July Oh the Matter OF The Imprisonment Of Thomas
Kaine-The following decision was, this day rendered by
upon the return Of the hdbeos corpus in this case:
Under the provisions of acts Of Congress- organizing
the Circuit Courts and the expostions thereof by the
Supreme Court. District Judge in the absence of
Circuit Judge. hold Circuit Court, and exercise
therein all the powers conferred by law upon the court
other than hearing writ Of appeal from
a District Court holden by himself
PIT being term time of this court when the writ Of
haJeas corpus allowed by the District Judge he could
at his discretion order the witt returned in court
before himself at chambers.
3-Neither the treaty between the United States and
Great Britain, concluded August 1872 the act Of
Congress passed August II 1878, any way impair the
authority of the judges courts of the United States
to award writ Of Aaoeos corpus in the case OF fugitive
from justice, and determine whether he be rghtfuly
imprisoned or detained as SUCH by order OF any judge or
magistrate.
4The proceedings in the courts of the United states
writs Of hdeas corpus, in conformity with the rules
of the common law, and not governed by the legsa
ton of the several States.
5-The prisoner has right TO drtrse the return OF
the Marshal, demand an issue the legality Of his
commitment The papers offered to tho for those
the case.
6The writ of ha5eas corpus being authorized by act Of
cause of commitment the prisoner may show on its
return from the face OF the return, cde that tue
officer issuing the warrant of arrest commitment had
competent authority to dothn the subject N at
ter not legally brought within his jurisdiction.
THE provisions of the Treaty in respect to fugitives
from justice, of themselves law which tho judges
and magistrates Of the United States may execute with
out other authorization.
SThc Commissioner who issued the warrant Of arrest
and commitment at the time by virtue Of his ap-
pointment and the acts of Congress magistrate
within the meaning of the treaty.
9The JUDGES magistrates act under the treaty
complaint OATH and the treaty does not require
any requisiton upon them by minister officer OF the
Of the subject The requisition is to be by govern
ment the other for the extradtion Of the criminal
after his commitment by judicial officer.
10The act of Congress Of August H. 1S4S, is auxil-
iary to the treaty IT way curtas limits the ope-
ration and effect of the treaty any OF its enact
ments repugnan to the treaty stipulation: and accord
ingly, f under jurisprudence there be eupreac
OF the treaty law over legislative act there is no
sion for the application of such principle in this
The objection to the operation OF the act concurenty
with the treaty, hn therefore legal foundation.
1.-THE act of Congress is valid and must be carried
into effect by the Judiciary although il directs the
render Of tugtives from justice in scope
Of the treaty compact 1t rests in the discretion Of
in dominions, irrespective Of any reciprocal obiga-
hons on the part Of tho government from which they
escape.
1.-THE Commissioner authorized by virtue of his
appointment by this court in October 1851 TO take cog
pizance of this under the provisions of the Of
August II. 1913.
13-The return Of the Marshal. connected with tho
documents shows upon its face that the subject
matter was brought before the Commissioner by COM
plant ON oath, and legal proof that the prisoner
fugitive from justice from Great Britain
1.-THE evidence that assault made at the tine
and place charged, with intent to commit murder was
admissible and relevant that point and the copy the
deposition made in Great Britain which the original
warrant was there granted against the prisoner duly
authenticated and admissible evidence before the
Commissioner of the crimnay Of the prisoner and the
evidence taken and received by the Commissioner to
the authority OF the magistrate in Great Britain to
grant such original warrant, legally admissible and
competent to that end.
15-The Commissioner having com petent authority TO
take cognizance of the complaint and his warrant
therepon and there being legal evidence before him in
support OF the complaint and Of the crminalty Of the
prisoner in the matter charged against him n docs not
belong TO this Court ateds corpus to review the COR
ectnoss OF the decision of the Com missioner upon tho
admissibfy effect Of the evidence before him nor IN
inquire whether the prisoner be innocent guilty the
crime charged against him
The Court accordingly dges that the commitment
and imprisonment Of the prisoner for tho causes the
return TO the ka5eas corpus in the forth are su-
cion cause and warrant in law for his detention by the
Marshal Therefore. IL IL ordered by the Court that the
writ Of haas corpus allowed I'm this case be dismi sse
and that the prisoner be remanded and continued the
custody Of the Marshal under such his arrest and
mitmt Mt by the aforesaid process