The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-14


0 : lc.29l HAMILTON EXCHANGE BANK,
ss"m Hamilton Madison 's Sss i i: T. So
Pay to tho order Of D. ": Van AMER; Asrnam, Esq.,
To S K. Stow, Esq, Q
Troy city ESah', ''"' Cashier 9 9
eeoee zoe 80
the printed word cashier not the cashier
did the cashier bear that name The prisoner was privy
to the signing by John Abel and to the whole trans
action, and uttered the paper in Canada as true The
question broadly presented for determination whether
suprosng this paper to have been uttered by Van Aer
commitment under our laws, for felony The language
of the treaty Isl sit is agreed that the United States and
her Britannia Majesty shall upon mutual acquisitions BY
them or their ministers officers or authorities respec-
lively made deliver up to justice oil persons who being
charged with the crime OF MURDER or assault with intent
TO commit murder, piracy, arson, robbery, or
forgery, the utterance OF forged paper committed
within the jurisdiction of either shall seek an asylum, or
shall be found within the territories OF the other pro-
vided that this shall only DO done such evidence Of
crimpay as, according to the laws Of the place where
justify bis apprehension ana commitment for trial the
crime offence had there been committed
That the paper in question is an evidence Of debt;
that it purported TO have been issued by an ncorpo
ration having power for that purpose that it was
falsely made forged counteTfeited and signed by
John W. Abel cashier and knowingly uttered put
forth by the prisoner conclusions, Of which
placed beyond dispute by concession and others
strongly sustained by proof argument and authority that
if this all that required, the duty obligation
commit for trial would not admit Of hesitation
doubt The only real difficulty presented is whether the
stamp OF forgery became impressed on this paper by
John W. Abel aixing his name thereto agent
officer that is cashier The negative of this
proposition ought to be very clear to Justify magis
trial AS is well known the whole case has been dis
cussod before Justice Stuart without limitation as to
time and number of counsel behalf of the prisoner
and his accusers and followed by elaborate and able
opinion prepared by the Justice, which has been tho
roughly criticised this hearing by the counsel both
Iustic a fore
me- regarded the paper as forgery and committed all
the parties for trial here and it seems that indic
ment now exists against them under that committal
The whole case has again been argued with
force and ingenuity by Joseph Nelson and The
Edwards, Esq, on behalf of the British government
and after most careful examination OF all
that las been urged and cited, although not fully
coinciding with all the views of Justice Stu
art, do not materially differ from him, and
my remarks may properly be limited to brief con
sderation Of the meaning Of the 47th section
of the Revised Statutes OF New York, which is
ccgnzed by the justice and which regard as the only
State statute embracing the case and determining the
character OF such execution OF paper made in
this BY Al art. chap. ], Part w. Revised
Statutes n " ga vol r. S. p 1872 marginal page e7o)
dence Of debt issued puportng to have been issued
by any corporation having authority for that purpose to
which shall be affixed the pretended signature Of any
person agent officer of such corporation, shall
be deemed forgery in the same degree and in the same
If such person was at the time an officer or
agent of such corporaton Notwithstanding such person
may have been officer agent of such corpora
ton, notwithstanding there any such per-
in existence To my Judgment it seems clear, that
to limit and restrict the word pretonded to the word
signature, and disconnect the word agent officer"
thererom would he at variance with the plain intention
of the law, and would fail TO meet the mischief intended
to be prevented. The false paper contemplated
by the legislature would require a further act
than o mere subscription of name to
make it ready for the fraudulent and dan
gerous use provided against Affxpg name,
whether the name real, pretended, assumed or ic
tous would be OF moment but the union of the official
character agency Herewith would bring into existence
the deceptive personaton-the doing of this which is
declared to be forgery Pretending to this official position
matter by what name is the statuary offence of for
gerry pretending that John w. Abel cashier (Which
here done is declared by the law to be forgery
though such person was at tie time CASHIER id est by
fiction Of law, another John w Abell cashier the statute
declares shall be presumed to have existed at the time
and that his and Office agency was the subject
of the forgery 1t is observable that the topics OF argu
ment before the Commissioner have been very much
tended beyond those under previous aspects of
the and is freely admitted that of these
Of public and leading Importance, legimatcly growing
out Of the subject ard require full and author
tative decision which it win be within the power of the
parties to obtain elsewhere The present is entirely
ander the treaty and may well awaken public
attention. and demands for general satisfaction that
higher judicial authority should settle that construction
of the treaty which the present demand for extradon
requires and apparently sustans Under my views of
the feel duty to give the required certificate
and certify the papers to the President of the United
States