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

CITlZEN-OONFIICTING CONSTRUCTION OF THE
AsHBURToN TREATY.-The condition of the
law under which any American born citi-
zen may be sent from the city of New
York to Calcutta, or any remote terrific
rial possession Of Great Britain to an
swer for an offence of which, whether guilty or
not guilty, he can be tried by Judge and jury
here must be subject Of deep interest to the
community at large.
The case of Van Aernam was the first in
which the treaty of 1912 with Great Britain
was sought to be enforced for the extradition
Of an American citizen, under any circum-
stances. Mr. Commissioner Morton, before
whom the accused was brought, stated in his
decision The present is an entirely new
case under the treaty, and may well awaken
public attention, and requires, for generaleatis-
faction, that higher judicial authority should
settle that construction of the treaty which the
present demand for extradition requires and
apparently sustains."
Judge Nelson, in the extradition case of
Kaine, remarks Il am yet to learn that the
right of the liberty of the citizen is not as dear
to him, and entitled to be guarded with equal
care by the constitu ton and laws, as the right
ofproperty. | am satisfied that this Court has
jurisdiction to issue the writ of habeas corpus to
inquire into the legality of the commitment be-
low.v
Chief Justice fancy, on the same occasion,
said: Il agree with my brother Nelson; the
questions involved in this application, (the IL
ability of the fugitive to extradition,) are very
grave ones; and l should have felt it my duty
to state the grounds on which my opinion has
been formed, had not the whole subject been so
fully, and to my mind satisfactorily, discussed
by him."
Judge Daniel, on the same case, remarked
that 1.-The question involving the lives and
liberties, not only of those who from abroad
may seek protection under our laws, but the
lives and liberties of our own citizens, is IN
doubtedly one of the most important which can
claim the vigilance of our government in every
department.. Having deliberately compared
my own views Of this vital question, with what
has been SO well expressed by my brother Me-
son, and concurring as do in all that he has
said upon it, deem it unnecessary to do more
than thus solemnly to attest my adherence to
the great principles of law, justice and liberty
INDICATED by him"
Judge Story, when considering the constltu-
tional inhibition to extradtion to distant
State Of the Union from the State wherein
crime may have been committed, thus feelngly
refers to the disastrous consequences of its cx-
ercise: "A citizen to be dragged suddenly from
his family to trial in a foreign territory,
away from his friends, and witnesses, and
neghborhood, and to be subjected to the yer
dict of mere strangers, who may feel no com
mon sympathy, or who may even cherish ami
mosites or prejudices against him, besides sub
jecting him to the most oppressive expenses, or
perhaps even to the inability of procuring the
proper witnesses to establish his innocence"
Notwithstanding such opinions, showing the
extraordinary Importance of the case lately be-
fore Judge Belts and the admitted fact that the
prisoner could be tried by New York Judge
and jury for the offence of forgery, it appeared
upon the face of the papers read before the
Court that at the time Mr.. Commissioner Nor
ton delivered his decision to the prisoners coun-
sci, warrant of extradition was on its way
from Washngton--the Commissioner having
only on the previous evening forwarded his GER
tifcate to the President. The evidence and au-
thorities cited could hardly have been consid-
cred within several days The act of Congress
has made various provisions, under the SUPPOSE
ton that the Executive may suspend the con-
ces sion of warrant for extradition for period
of two months.
The fate of Alexander Heilbronn mi ght we'll
have stimulated the vigilance of our govern
ment in every department" in the case Of Van
Aernam, and opened the eyes of the judiciary
to the abuses existing and likely to be repeated
under the treaty Of 1912. If the offence charged
against Heilbronn was not provided for by the
treaty, as English judges upon moments con-
sideration have determined, then have the rights
of the fugitive, the soil and sovereignty of the
State of New York, and the dignity of the Uni
ted States, been violated, though uninteption-