The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-27
The Kaine Extraditl Case-Discharge OF tn
Prisoner.

Prisoner.
This long litigated case is over. and by
the decision of Judge Nelson, delivered yester-
day, the prisoner is discharged, the claim of
the British government not having been made
in accordance with the law of nations as inter-
preted by our judiciary.
Our readers will recollect that Thomas Kaine,
claimed by the British government as fugitive
from justice, he having fired at with intent to
kill, farmer in Ireland named Bale. was first
apprehended on warrant issued by Commits
sioner Brigham. under the treaty, and exa-
mination was found guilty and directed to be
detained in custody to abide the order Of the
President of the United States. A writ Of
habeas corpus was sued out by the prisoner
returnable to the United States Circuit Court,
where Judge Belts, who presided, dismissed
the writ. and remanded the prisoner to the Gus
tody of the Marshal the Acting Secretary of
State afterwards issued his warrant directing
that the prisoner be delivered up to Mr.. Bar
clay, her Britannia Majesty's consul. Suisse
quently an application was made to Judge
Nelson. at Chambers, for a writ of habeas
corpus, to bring up the prisoner on an alleged
illegal detention, which he refused until the
whole of the proceedings were laid before him.
This was Gone, and Judge Nelson, on reviewing
the testimony. adjourned the case to the SUI
preme Court Of the United States. That court
dismissed the adjourned case for the want Of
jurisdiction. and it remained. therefore, for a
final hearing at Chambers as the prisoner was
in custody under the authority Of that writ.
The argument came on before Judge Nelson,
and yesterday he delivered his decision review
ing the whole case, and coming to the conclu-
sion that the prisoner should be discharged
He gave it as his opinion that the demand for
the surrender Of the fugitive should have been
first made directly upon the government, and
it's consent and authority obtained before the
judiciary could be called into requisition. He
also decided that the Commissioner had no juris-
dction. not being an officer within the treaty
or act Of Congress-
A new warrant for the arrest of Kaine was
Issued by the representative of the British gov
eminent but, after some discussion, the Attor-
ney of the United States deemed it advisable
to counsel the Marshal not to execute it in the
idCc va tuc ucCislOu WuICH udu JusL UeGu UelV-
cred.
The case has created considerable discussion
everywhere through town, and the general inn
preston is, that it is decision against the Bri-
tish government and an Irish party triumph
This is not so. The representative of Her Bri
tannic Majesty applied to our executive autho-
rites for warrant for his arrest; it was granted,
the case was investigated. and the prisoner was
directed to be detained in custody to abide the
order Of the President Of the United States;
that order was sent for his surrender to the
British authorities. writ Of habeas corpus
was sued out, the judiciary step in, and, after the
long protracted Investigations which we have
detailed. the case resulted yesterday in the dis
charge Of the prisoner.
The question now will be, is the Ashburton
treaty nullity?