The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-08

Il
ton Of the Commissioner was fully authorized and
i.stided The Judge retrains from making any com
ments OF ,he evidence, fearing they might be used
against the prisoner on hin trial in England, and
conesses that the simplicity of manners and general
bearing of the young man, would induce him to de-
sire his acquital. His duty, however, compelled him
10 declare that the accused must remain in the Gus
tody of the Mar,ha under the warrant issued by the
Commissioner. II will be recollected that Heilbronn
was brought before Judge Mitchell, of the Supreme
Court, Of this city, On writ Of habeas corpus,
whilst the proceedings we're pending before the o. s !,
Commissioner, ard the State Judge directed In 4.
from the evidence, the prisoner was entitled to hs
discharge. The U. S. Marshal of this district nav.
ever refused to obey the order Of the State udce
and Mr. Commissioner Nelson having the NJ n .day
decided that the fugitive should be given 20 the
| British government, the President Ayfewing
the case issued from the State Departme At The 70
! yernment mandate for his extrsditoD. Nothing
dGunted HeilbroDn's counsel sued out ,nether writ
habeas corpus, and reaTgued for the hirS timeh
merits Of the case before the United ,ts,es District
! Court and the result is we have sta led This case
arising out Of petty act Of alleged rgery involves
some very importsnt points, not only e. to the fair
and honest construction of the Ash ufon treaty be-
tween the United States and fore icr power bat il
involves TO US still! uomep toys consideration
and that Il, whether the State og~s can interfere
with the federal authorities az d step in with ha-
beas corpus behind The decision softhe United s tes
fCne'ionsrias.
Both branches Of the Mass achrsstts Legislature
have adopted the ameadmen to the State eonsti.u-
ton by in the plurality is substituted for The
majority system il elections
The Crosby wings and pi Ilsonrr democrats in tAe
| Maine Legislature Rave oalsscc1 and elected old
| line wing councillors a. ID Fllsbury democratic
| Secretary of State.
ever one thcrsand tons Of prodace were dcs
| patched from fittsburr Cor the East on Monday.
Another steamer vi b thirteen hundred bales Of
cotton was burned 9 the Chatahoochee river las.
Saturday.
Tie mercury in Il . thermometer at Concord n
| H. yesterday MORN ig, was twenty.six degrees be
| low zero. Nearly II the rivers in the New Fsgand
States arc frozen light.
Almost every ther day we receive accounts of
loss Of Tc by fire -Four persons persisted by the
burning Of a bui' ding in Fciedo last Monday.
We elsewhere publshG full report of the second
days Proceedings Of the Military Court Of Inquiry
relative to the loss OF the steamship San Francisco
The testimony of Lieut. Col. Swords and Lieut.!
Fremont will be found highly interesting
Ws Mt OF room again compels us to defer the pub
leators of many cola-nns Of interesting local intel
rcrte including report Of the proceedings Of the
Ito ANS who assembled on Monday evening for the
pc Of expressing their Indignation against the
O. lduct Of the Popes Nuncio
In addition 10 variety of Interesting reading,
side pages contain full details Of the news brought
rom Europe by tie steamship Arabic. The Collins
steamer Pacific is due, with four days latter I'D.
vices. She viii doubtless arrive to-day.
. War IN Europe.
The news we publish this dag gives q more
$ warlke aspect to affairs in Europe than any
that our columns have contained for months
! So mary different appearances have been pre-
J scented by the Turkish difficulty, and the quar-
rel has passed through 50 many phases that
: the most cautious have changed their minds
! over and over again since the imbroglio
. began, aud consistency has been the mo-
: nopoly OF mere obstinates. There were grave
. reasons for supposng, when the Russians cross
s ed the Pruth, that the deed wonld be regarded
=. by Great Britain and France as Legitimate
:, causa bells yet several months have elapsed
y since then without any Interruption Of the
: friendly relations existing between these States.
: So il was confidently believed that the Gar
whose nterc Is as well rs those Of Russia can
:. not possibly be served by European war,
/ would embrace the opportunity afforded by the
!. last note Of the -Four Powers to extrlcate him
d self from the dilemma into which ambition had
/ hurried him: yet lie does not seem to have had
J The smallest hesitation in rejecting i. So,
J, now though every sign points clearly 10 war,
e the future may yet bring 10 light pacific issue
from the struggle: and our latest Vaccinations
= may prove as erroneous rs the first
n F,l,a co hat ,bn ikp
: hue there cannot be the smallest doubt. OF this
d we have rational as well as sensible evidence,
! Thus we regard the instructions given to
1 he combined fleets as strongly provocative Of
/ war The adInirals set sail having under con-
: voy Turkish squadron which is generally be
!. lieyed to be destined for Batoum, to replace
u the squadron destroyed at Sinope. They are
!, told to protect their convoy, as well as the
!, Turkish coasts from aggression by the Russian
= vessels. If according to the best interpreted
d ton of international law, the entry of the Black
s. Sea he not cGsus bsN, therecan be little cues
e ton with respect to the protection OF the Turkish
II yessels. A more direct abandonment of neu-
G ;rality, and more active participation in the
! war can hardly be conceived. But this is not
AL A vessel has been despatched to Sebasto
!, pol to request on behalf Of the allies that the
: Russian vessels shall remain in that port ia
order to avoid hostilties. II must have needed
;. good deal Of assurance Oh the part of the
q allies to make such request. Eere are two
Powers, Russia and Turkey, as seriously and as
desperately al war as two nations can be. On
, LAND the latter in the Black Sea the former has
: gained some advantage. These foreigners now
step in ard say to Russia: You shall not pur-