Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-10-06


Edwin NJ. Stanton, Esq who, it will be re-
membered, came here to defend McNulty, the
defaulting Clerk of the House of Representa-
tives of the United States-was Golfers at.
tsrney at the late trial under the writ of ha5s-
as corpus, under which he has so far escaped
a prosecution under the Sub Treasury law
He is said to have contended for his release
on the ground that the Constitution requires
that the place of trial Of crimes committed
not within State, shall be fixed by Congress
previous to their commission.
2 Tha: when he defaulted his crime, if COM
mitted. could only be tried under the provi-
sions of the old general act of Congress direc
ting @ the procedure in criminal cases."
3. That that law provided for the trial of
such eases as his in the State or district where
he was apprehended, &c.
A. That the general laws and judicial sys-
TEN of the United States not being extended
over California, and another place having been
fixed by Congress for the trial of such offence,
the court there has not jurisdiction.
). That to change the place of trial from
that previously fixed by law. under II strained
construction of the law of 1858 passed three
years after the crime was committed, would be
to give that an expost facto effect
G. That the Imprisonment and extradition
of Collier from his own State is unlawful, the
California court not having jurisdiction and
that the expense and hardship incident to
amount to cruel and unusal punishment.
T. That under the writ of hnbeas corpus ad
subjicendum, State courts have concurrent
jurisdiction with u. S. Courts in all cases of
ity of the United States, and may legally dis
charge the prisoner.
s. That it being apparent that Collier is
held for trial before Court having no juris-
diction over his case, the State judge was
in duty bound to discharge him; persons
charged wi h crimes against the United States
and similarly imprisoned, having been dis
charged by the courts and judges of several
States.
g. That the hnheas corpus act of Ohio spe-
cially provided for persons held under color
of United States authority, imposing the duty
of granting such discharges on her judges.
1t will be seen from these points that the
scheme is to avert the prosecution under the
Sub Treasury law, which involves Il full adj
mission of the preparation of the offence
charged by the Government.
THE CHINESE MISSION -Those who have
connected the name of the Attorney General
of late with this position, have shot very wide
of the mark indeed. We feel certain that he
has entertained no idea of abandoning his
present post, wherein his presence is appar-
emily so necessary to the success of the great
plans of the Administration. His fortes are,
evidently. great capacity for labor, attachments
which make him a sort of perambulating ref
erence book upon all possible State questions
of international or domestic import, intuitive
sagacity it were, in coming to conclusions,
rarely equalled, and devotion to the success
Of the Government of which he forms part;
which, together, render his continuance in the
cabinet of vital importance to that success.
Under such circumstances, the Chinese rumors
in connection with his name are all /" BOSCH
as the Turks say.
1t has certainly been rendered to the Hon
George M. Dallas, however, and, we presume,
it will be accepted by that gentleman, who is
SO we'll qualified to fill it with credit to him
self and happily for his country's interests.
We arc glad Of this tender, also because it
goes to show that those in charge of the Gov
eminent are not affected by the pot house pol
iticians' cry of "a fair division of the Offices -
&c. Their duty is to select agents, wherever
they are to be found best qualified and suit
ed for the positions they may be desired to
fill, without reference to their locality. The
Democratic party does not contain two better
men for foreign missions than James Buchan-
an and George NJ. Dallas, who both reside in
Pennsylvania. The fact that they arc both
residents of that State should not make against
their employment thus, in the public service
True, the little fellows over the land, who
fancy that stump speeches in and out of Con-
gress qualify and entitle them to undertake
business which should alone be entrusted with
statesmen of enlarged experience and proved
capacities, will howl through local newspapers
over this selection, doubtless. Nevertheless,
the common sense Of the country will heartily
endorse the sending of George NJ. Dallas to
China, Pennsylvania though he may be-
The New GOVERNOR OF OREGON The Hon
John W. Davis, of Indiana, proposes to sail
for his post, via the Isthmus, by the steamer
of the Goth, from New York. ..
THE PROGRESSING REDEMPTION OF THE
UNITED STATES STocKs existing strin-
eramcnt Stocks to Washington right merrily