The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-03

ally and IL is due to both that Heilbronn be
surrendered back to the sovereign power whose
rights have been infringed through mistake, or
that his pardon be required by our government
from Great Britain
Van Aernam was substantially charged with
the same offence, which was contended to be
clearly excluded by the treaty of 1912. II it
shall turn out that the Helbronn transaction
is repeated in his person, we will have revived
and re-enacted before the American people
something approaching to that high-handed ex-
tradition perpetrated on board Of the United
States frigate Chesapeake-an outrage which
the blood of the war of 1918 could not wash
out or atone for, and the ranking memory of
which will live while our Union lasts and Eng
land refuses to abandon the pretended and
odious right of extradtion from American YES
sells upon the ocean. The extradition from the
Chesapeake was by force; Heilbronn's was in
.fraudem legis, through misc0nceptiOn and
error of Judgment. Van Aernam's rests upor
the qualified decision of commissioner wht
recognized the solemn Importance Of the ques
tons, and called the attention of the proper
tribunals for the purpose of rescuing it from
his mere ministerial fiat, and, if advisable, t.
be considered by the Supreme Court of tn
United States, then in session. whose decision
constitute 'the higher law" of the land.
This would have been accomplished by tn
Circuit Judge reviewing the decision of tn
commissioner; and upon the Judge sustaining
that decision habeas corpus would hav
brought the matter before the Supreme Court
Justice Nelson, in the case Of Kaine, sitting as
CircuitJudge, reviewed and reversed the decision
of Commissioner Brigham, and discharged tlr
fugitive, although under warrant for extradil
ton by the Executive. His Honor Judge Belts
sitting as Circuit Judge, does not feel himselA
authorized to 60 behind the decision of COM
missioner Morton, whose well-meant and eau I
tious intentions have become neutralized
What is the law upon this all-momentous ques
ton Are not the decisions in conflict /! and
are not the rights of the citizen cast adrift
The conviction is becoming every day NOR.
general, and decided that Congress must eithe,
repeal the law vesting in commissioners thu
hybrid judicial power now exercised by those
officers in cases under the treaty, and leave the
duty to be performed by the Judiciary, or make
the duties Of the commissioners limited to
taking evidence and returning it to the Circui
Judge. When this has been done, q plain state
OF facts can at once be agreed upon, and the
whole case, with its legal bearings, be present
ed to the court without having devolved upoI
them the preliminary and almost mere clerical
and ministerial labor
Under the existing management the public,
are not satisfied. The bench and the bar ar,
not satisfied, nor could they be so without be
coming regardless of the repulsive incongruit,
too often presented between the magnitude ant
momentOusness of the cause and questions a
stake, and the competency Of the tribunal EN-
powered to pass upon them.
Mr.. Buffers Judiciary bill, now before Con
gress, will afford an opportunity for correctin,
the evils complained of, and ensure what doe
not now exist-a knowledge and certainty as u
what is the law. .Miserd est sercitus ubi HA
est ragum aut incognitum.
WILLIAM VINCENT WALLACE THE CoMrosER.-We under
derstand that VIM. Vincent Wallace the composer VIII
has for time past devoted his time composition
that will be produced, has, at the solicitation Of
number Of friends and admirers decided upon giving
concert instrumental and vocal at Nblos saloon, pre-
vious to his return to Europe Mr.. Wallace will be a.
sisted the occasion by his wife, Of the br
liant and accomplished pansts Of the day. and his
Madame Wallace Bouchele whose sweet ballad singin
has made her especial favorte amongst the muscs
community Of this city The concert, we believe, wi
take place on Saturday evening next, and it win be
brilliant affair. 3
PAUL JuIIEN's CoNcERr-The concert which the youth
full vionst has volunteered in aid Of the fund of the Ne
Eira ha-n TIL