The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-18


secession or no secessiOn-Buchanan or no BH-
chanan-- democratic party or no denocratic
party; and even though Kansas shoEld come in
Os q flee State over the bowie knives Of the Dor
der ruffians.
The CASE OF THE FRENCH RAILROAD DEFAuI-
TERs.-Anothcr step in the progress OF this highly
interesting csse was made in the Supreme Court
on Saturday last. The matter came up In its
civil aspect, on an order of Judge Davies, made
18th October, requiring the counsel for the plain
tfis TO show cause why the order OF arrest should
not be set aside, or the amount Of bail reduced,
on the ground that the complaint and affidavit OF
Tessapdier did not show the existence of a cause
Of action, nor that the alleged cause of action
came within the l79th section Of the Code of Pro
cedure. The plaintiffs counsel was also required
to show why the complaint should not be made
more definite and certain. The matter was fully
argued on both sides before Judge Davies.
The defendants counsel made and argued the
following points, among others: that the alleged
taking Of stock by the prisoners being feloniou-
act, it gave no right to civil action; that this
being a tort committed in France by and agains,
aliens no action for it could be maintained 10 the
courts OF New York; and that the taking stock
Of the company from the company did net cen
stitute case OF action. We DO not stop now to
discuss the authorities cited for and against
these several points, further than to say thai
as to the latter point we believe it has been
virtually SO held by the Court Of Appeals
in the remarkable Schuyler fraud cases. In
the action brought by the Mechanics Bank
OF New York, agaiDst the New Haven Railroad
Company for the value OF spurious shares of the
road purchased from Schuyler, their authorized
agent, the Court unanimously decided against
the right TO recover. The Judges declared in
that case that stocks we're not, like bank bills
The representative OF money, and were not Sc
curities for money 10 any sense, but simply evil
dence Of the holders title to given shares in the
property Of the corporation. Well, in this case
such evidence exists, independently of the stock.
Mr.. Rothschild, the real owner, has his right to
the dividends and profits coming to him from
the stock distracted, just as much as if it were
still in his bureau. The company had no interest
whatever in it. II any lose be sustained 10
consequence of the alleged acts Of Carpenter
and Grelet, that loss falls not on Rothschild
or the Northern Railroad Company, but on the
purchasers or present holders. 1t would follow,
therefore, that neither Rothschild nor the com.
pany has valid cause of civil action against
these defaulters. At least, that to US, unlearned
in the law, seems a common sense view Of the
matter. Whether the Judge will look at it 10
the same light which we do, we neither know nor
care His decision is reserved, and may not be
rendered for week or two.
In connection with the argument on Saturday
a fragment of letter was exhibited, which Me-
lin the PLAINTIFF agent here, swore he found in
a book in the house where Carpenter had resided
in this city and which the latter admitted to
have been written by bin. That interesting do
cument We publish to day, with report of the
arg unents 1t was addressed to his sister in
France, and is couched in most affecting terms
deploring his unfortunate position, which he at
tributes 10 bis acquaintance with Grelet, and his
connection with that "accursed bureau In an
other sentence he speaks Of Parrot as that hor-
rid Parrot" The letter was unfinished and I'M
signed, and IT was evidently the intention OF the
writer to send with il history Of the whole
transaction for publication in one Of the Paris
papers. That history has not come to light, and
we believe IL has been destroyed.
The whole party is still in Eldridge street pri-
son, and may remain there for many a month.
The decision on the argument of Saturday will
not affect their condition as prisoners under the
criminal charge. This civil suit was got up wit
no other object apparently than to gain time, 50
az to allow a more complete criminal case
If it were once disposed of the point would then
turn ON the Interpretation of the convention be-
tween France and the United States for the sur.
render of criminals. We have hitherto express
cd our opinion as to how far that convention
applies to this case. One OF our Washington
however, intmates that there
are discrepancies between the French and the
American copies OF this treaty, and tina, under a
clause in one Of those copies the President win
he inclined 10 order the extraditon OF these
men. We doubt, however, the accuracy OF our
information on that point, be-
cause treaty in such case to be binding must
be reciprocal Thus: the United States would
not bind themselves to surrender French crimi- |
mails charged with crime lesser in grade than
that for which they could call on the French
government to surrender fugitives from this
country, and rice ursd. still there is no calcu-
lating on the shiftings and intricacies Of legal
questions, or on the decisions which may be made
thereon; and Notwithstanding our own convic-
ton that these men are not amenable under the
exradition treaty It would not at all surprise US
If our correspondents assurance should turn ou'
true. There Is no use, however, in anticipating
events, as the case may at any moment-judging
from Carpenters letter-assume new phasc.
We await further Developments.
SEE WHAT WE HAVE DoSE.-The Central Re-
.ir..- 1..ux.i...n o.. ua.A;nsln., IoauL. nr