Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-02-04
THE KANE EXTRADIrIoN CASE.

The philadelphia North American publishes at length Inc
opinion OF Judge Nelson pronounced in the Superior Court
on Morday the Of the lrShnan kiine, claimed Us
uutve from Justice under the treaty between the unea
States AMI Gr"at Britain, of the 9Th August, lol! lhee
opinions were delivered Justice Catron delivered The open
ing one and held that the arguments Of the counsel bustead
anu Brady denying The right or power OF Consul bacag "
rp ,he functions Of the accredited British Minister upon
question: or broad international law, was not tenahe-ou'
that the British Government might deeg"te that power
He delivered an elaborate opinion adverse TO The views Of
Justices Taney Nelson and Daniel Justice Curtis follow
ed and differed with all his associates upon minor points
bu concured with Chief Justice and Nelson and Da.
MEL non the question Of nonurdcon in the case under
The existing state Of the acts of Congress.
Judge Nelson's opinion followed. 1t concludes thus:
This writ hus always been justly regarded as The stable
buwark Of civil bery; and undoubtedly In the hands o
firm and independent Judiciary person. be hc citizen or
alien can be subjected illegal restraint or be deprived OF
his liberty except according 10 the law OF the land So es-
TO the security of the personal rights the unnte
ruped operation and effect THE writ in full vigor regard
ed by the founders Of The Republic that even Congress can
suspend it, except When in cases OF rebellion or inva
SION The public safety may require it
cannot therefore IL cripple hr limit The auiori.
- conc:red upon this Court by lie constitution and laws,
Issue Gy technical and narrow constructors but on The
contrary prefer 10 follow The free Gnd enlarged Interpretation
always eiveu it, when dealing with il by the courts oi
England, from which country il has been derived.
They cApUund the exercise OF The bcnlgnly and l-
orally in favor OF The deverancc of the subject from all
lawful imprisonment and when rcsrained OF his liberty he
may appeal the highest common law Court In the king
ion, to inquire into the cause of it.
So literally do the Courts Of England deal with This writ
ud 30 unrestricted is its operation Ia favor OF the security Of
the personal rights of the subject that The decaon OF
Court or Magistrate upon tho return to H. refusing 10 dis
charge the prisoner is bar TO the issuing OF second or
third more by any other Court Magistrate having u
rsdicon of the case and may remand discharge accor
ding TO its Judgment, upon the mntters. tl NJ. and
Wesby 679; East 3l4 II lb, 679; Salk. sos; NJ, and
Welsby)
Upon the whre am satisfied hat The prisoner is 10 con
ncment under the treaty ard act of Congress- without any
aw wfu authority. Of opinion, therefore, that the VIII
habcas corpus should issue in the case to bring up the
prisoner. ;,
l. On the ground that the Judiciary possesses Jursdlc
lion to entertain proceedings under the treaty for the
plehcnson and cumnia Of the alleged fugitive without
previous reQuison made under The authority oil Great B
upon the President of the United States and his autho
y obtained for the purpose.
officer within tho treaty act of Congress- upon
whom the power s conferred to hear and determine the
question OF cmnay upon which ths surrender IS 10 OF
made.
3 That there competent evidence before the Com
missioner il he possessed the power TO authorize or waan
the offence, &C.
a. Upon these grounds the Circuit Court ought TO have
tody and its decson In the Is proper subject OF
review by this Court by virtue OF The writ OF Ha6eas CoT
pus.
The result understand it, that the prisoner must
remain until action is taken dc nouo upon the me-
rts or until the writ be allowed upon future motion Of the
prisoner SO that again before The Ne"
York Court An examination of the before the New
York Circuit Court has been fixed for April.