New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-08-06

A.. II ITO -espcc,iv, Governments author
led 20 make the reputation in''e may os sHiI ',
ru,v In .,ttins thu mitNi"n L. tns absence Oh any
So1ls,Iop ~ Act of Congress fefhsPs tne true con
i.e', ~ be- that the Tequiit;cn shall BE- m ne by
81 Co,srnnent through toe u'ual organs by ~nlin
tbs one toSs communication siih the oher or oy any
,t',o, q, cficer specially authorized by sucn u)V'
.a., % make the same Il would scarcely seem
s, as n respected either G1vernn-i that this power
a., claim M prosecutor an arrest and conmWal OF 'he
.vo,o,.d fugitive should bs lodged IN the hands o,
oy,rx and suy Cficer OF the same Who might CHOOSE
% ct IN the matter The Act 81 Congress provides,
that In every of complain, and oi nearing upon
che return ( the warrant OF arrest copies Oh tue
deno,i,ions upon which original warrant In
80 arch f,iciRn country may have been grant
cd certified under the hand or the person or
s,upg such warrant and a,esed upon the oath
of the party producing them to DO true copies Oh ' or
pinal dispositions may be received In evidence OF the
sy az the person appreh"nded lns provision
makes copies Of the deposinout used before iOregn
magistrate who may have istuf "N1ah uerc 81 uo'
The offender certified 10y sad mag.trste and proved -
no tina comics of the original competent evidence before
here acting under tue treaty Ioe ACT OF
Congre,, doubtes contempates that thr copy OF oepo
s,ons shall he certified by masistrat" In the fOreSn
country nj competent jurisdiction o. issue the warrant
tbere for the oense and TO com. for trial and punish
rnept and TO make these Evidence at all before the ma
pistrste here under the requldon, 1t should be hrst
shown 10 bis satisfaction by psent pro), that the
person issuing the aud certifying the dcpo'i-
tions Possessed the requisite jurisdiction. without
such ursdlco the whole proc. eding 10 the foreiSo
country would be cOr0m non G0Cdt sn VOl1 Cpou mo
whole with nut pursuing the case any further am
satisfied, upon the view have taken OF the several
questions presented, but especially the hrst one
involving the power of the Commissioner, as well
as on of the importar CO OF settling tue con
ktrucon Of the Treaty and ACT OF Congress in pursu
thereof 80 &C to avoid controversies and delays
hereafter In these proceedings IL s NJ and proper that
these questions should be submitted the consideration
and Judgment OF the Supreme Court As have already
stated the cOmmne ut Of the proner stands upon the
authority OF the Commissioner the Circuit Court being
of opinion that II IL legal and valid, and remandng
the prisoner custody under that order shall there.
FORE allow the hdbtas corpus, .hog returnaoe Dc
fore myself and when the return is made formally by
the Marshal he substance of which now before me
In the prelluinsry application shal direct an ORDER
10 be entered In consequence OF the dhcut ana mpOr
tant questions involved that the case be heard before
all the Justices of the Supreme Court OF the United
States In bank, at the b+giUnog OF the next term oil
said Court As the msking up Of the record Will be
matter Of form, II will not be necessary that the
prisoner brought up the return Of the writ before
me- but remain la custody till the final disposition OF the
case.
COPY OF THE
The President of the United States OF America, TO
The United States Marshal for the Southern District OF
the State of NewYork any o,ser person or per-
sons having the custody of THOMAS KANE GREETING,
We command you that you have the body OF THOMAS
KANE by you Imprisoned and detained, as IL 10 said,
together with the of such imprisonment and de-
called or charged before Justices Of our Supreme
Court of the United States at bis chambers at Coopers
town. N Y, the lth day of August, instant, to do
and receive what shall then and there be considered,
concerning the said THOMAS KANE
Witness SAMUEL NELSON, Esq.
One Of our four Justices from said Court this Sd day
of July. 1852.
Tbis writ is directed to the pr'oDers counsel who
will this day the same on Mr.. TALLMADGE, the
United States Marshal