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


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 came offence, which was contended to be
clearly excluded by the treaty of 1912. If it
shall turn out that the Heilbronn 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 extradition from American yes
sells upon the ocean. The extradition from the
Chesapeake was by force; Heilbronn's was in
fraudem Iegis, through misconcepti0n and
error of Judgment. Van Aernam's rests upor
the qualified decision of q commissioner wht
recognized the solemn Importance of the ques
tions, 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 th
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 tn
fugitive, although under warrant for extradi
ton by the Executive. His Honor Judge Belts
sitting as Circuit Judge, does not feel himself
authorized to go behind the decision of Com
missioner Morton, whose well-meant and eau
tious intentions have become neutralized
What is the law upon this all-momentous cues
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 the
hybrid judicial power now exercised by thoa
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, 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 incongruity
too often presented between the magnitude ant
momentousness Of the cause and questions
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 Il
what is the law. .Misera est sercitus u6i is<
est ragtnm dut inc0gnitum.
WILLIAM VINCENT WALLACE, THE CoxFosER.-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 Nibo's saloon, pre-
vous to his return to Europe. Mr. Wallace win be
sisted on the occasion by his wife, Of the most br
liant and accomplished pianiss Of the day. and his sister
Madame Wallace Bouchelle, whose sweet ballad singin
has made her especial favorite amongst the muscs
community of this city. The concert, we believe, wi
take place on Saturday evening next and it win be
brilliant affair.
PAUL JuIRS's CoScERr.-The concert which the youth
full vionis has volunteered in aid of the of the Ne
York Fire Department, will be given at the Tabernacle
Broadway, this evening If any inducement beyond til
excellence of the artistic wanted in order to ensur
crowded house. would be found ct in the praise
worthy object to which the profits to be devoted
EXECUTIONS IN MAYA slave named Merritt who wa
convicted Of fendish assault and battery upon whit
woman, was to have been hung the LIST inst. Il
Charleston, s. C.
John Hendrickson, who murdered his wife, win b
hung on Friday, the 5th inst, in Albany unless h
authority Of the Executive is nterposed in his beha
for which strong efforts being made.
Patrick Doyle, who convicted Of killing woman
will be hung in Naperville, H., Friday the 18th inst
slave viii be hung in Aberdeen, Miss Friday tn
18TH He was convicted on a charge of arson.
James Parks, for the murder Of william Beatson Ia
summer, at cuyahoga Falls win be executed on the Get
inst at Akron Ohio Parks robbed Beatson cat of hi
head and threw his body the falls. II may be r.
marked as coincidence that the day on which Parks
to be hung viii the great annular eclipse of th
sun.
Marine Affairs.
TIE CAIoRIc SHIP ERrcssos.-Ths vessel still remain
submerged in the North river. couple of derriskf
steam tugs and other appliances have been brought
get her once the water and expected Sd
will be ahoat again during the present week Her DOS
tinn has eLa