The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-03
rH y I A w G UR 3
The Extradition Case.
UNITED STATES CIRCUIT COURT.
RafOrsa Hon Iud0a Rata


JUN l-In the Matter Of Thomas Kaine claimed as Fu.
gitre from Justice Ireland The argument on the re-
turn to the habess in this by
MT Jas II. Brady, In support Of the writ The grounds
taken BY the counsel for the accused mainly that
there had been such requisition made the Amer
Of Kaine. required by the treaty; that rsqu
sition by Mr.. Barclay her Majestys Consul for New
York. upon Judicial officer Of the United States was not
compliance with the requirements Of the treaty That
Mr.. brigham, the Commissioner is not "a Judge or
other magistrste within the intent and meaning of
the treaty ana that he had no evidence before him
competent to give him Jurisdiction OF either person Of
Kaine or Of the offence with which he charged
and that there entire absence of any legal proof
of the corpus dcc The learned counsel cited various
audicated cases in support Of the positions taken for
haine, and examined at length the treaty ITSELF and
the acts OF Congress in relation to it, He closed his
argument which occupied nearly two hours and half
by saying regret very much that the investigation OF
this important should added the other respon
sibe duties which your honor has perform; but your
Honor has already avuwed full appreciation OF its i'm
portance; and may say that Judge however eminent
no court. however dgnided, could better employ its
time, learning, or industry than in establishing safe
rules for the exercise Of the delicate power claimed under
our treaty with Great Britain in like this Ii the
law be clear and the facts sufcient-f your Honor
plainly that it imperative duty to surrender
this man knew you will discharge that duty whatever
may be the consequences But if the law be doubtful
and the facts uncerain-if the obligation to endanger
the liberty and the life Of Kane be not papabe then
your honor may and should and will consider the
sequences of decision against You subject him to
the danger OF voyage across the Atlantic in such
vessel the parties interested in sending him back
select to the peIils Of the deepto the sickness and
suerngs often experienced in wded and fou passen
ger ships you will not endanger the health
liberty or life of Aine except ON he most rressti
BILE requirements Of absolute duty This is not in
which any appeal can be made to your honor to favor
the demand of KANE from high and chyaric notions of
international comfy hoaor Neither Great Britain
nor our government ackno~edges obligation TO
render any fue tive FROM justice except in obedience to
treaty. Such the Judgment of The learned British
Lords in 1912 in the of the Creole such
been and is the settled judcisl doctrine Of both
tries. If this were an ordinary of crime should
not have deemed necessary to address to Honor
some OF the considerations have urged But it is not.
II is most extraordinary The only proof of the crime
charged against Kape is the piece of paper called
plant the copy Of the alleged deposition-pur
porting to be certified by Featherstonhaurh who
calls himself Irish justice of the peace but Of whose
being such there is proof whatever, except the
statement of the willing eager; pursuing Irish po-
Hceman, Meagher. If, again this a mere at
tempt to murder, unconnected with peculiar fea-
lures arising out of political reasons and Kaine had
to undergo common trial should not bitterly
deplore his going to iceland Then indeed there might
be justice in the remark of learned opponent
tried by ajury OF his peers But unfortunately, your
honor knows from the history of the past and what
occurring daily that the charge against Kane grows
of the dcporabe condition of the Irish tenantry and
although murder the attempt to murder, is always
dastardy act, yet when it is perpetrated by who,
having through poverty and suffering made his little
patch Of land afford subsistence heartessy turned out
on the highway with hi family houseess and destitute
there may be some mitigation for hi deed in the sight of
heaven if not that of If Kaine 20 back poor and
penniess as he is what kind Of defence trial may he
have? The British Government has some strong
manded him, Of which there evidence Sixty pounds
reward has been offered for his apprehension and Meagher
comes in pursuit Of him with all the aacrty perse
verance of bloodhound II Kahn goes back he have
no other counsel than such the Court may assign him.
unless indeed profession Sustains its
towards the oppressed and in its woned generosity
such occasions furnishes from its ranks a voluntary
champion Of the laws threatened victim Our opponent
must not repeat his wonder that kane does not wish
be sent back know that your honor has liberal and
enlightened views OF the friendly spirit which should
regulate the intercourse OF nations with each other and
haye heen iplpr sed trifa
vationa often made about the rivalry between
England and the United States but let say that this
Is deusion: There are no two governments between
which stronger exist and two people be-
tween whom there exists stronger inextngusha
bic dislike know how often care told that Eng
prowess and trumphs of the Wanted Anglo Saxon
lay claim to any OF that glory but know and feel
that the true lrishman of an Irshman should
avoid and fear nothing than being subjected to the
malgn authority of the British government at any time
in any place, or under any circumstances most sim
cerely hope that from such result Kaine may by your
honor judgment be fortunately rescued have little
more to say. have argued this matter to relieve my
associates from portion OF labor and responsibility
have not urged any argument which they had not
ployed before leave them to complete the defence of
Kane. and earnestly hope confidently expect that
tion Of this will be afford just determna-
ton of this proceeding and safe and approved guide for
the action Of all who may be concerned in similar pro-
ceedings hereafter
The Judge here intimated that smuch as the case
could not be concluded to day and he himself
ferng from iudpositon the fur her argument would be
postponed until to morrow this Saturday morning at
10 O'Clock, when Mr. Edwards will answer the argument
of mr. Brady and Mr. Busted will reply the part of
haine.