The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-18

strife public appreciation II quite refreshing 70
ns 20 md ine pG
ASSURANCES CT my high regard, am cordially yours,
JEFF. DAVIS.
Buch letter needs no comment
The Case OF the French Railway Prisoners
Discharge OF Pnyot.
CLOSING SCENES IN THR GpEAT FRENCH ExrRApI-
TION Css.-CONMIssIONER BELTS DIscH ARGEs TIE
fRsoNhR-FARor WALKS OCT or COURT AND is
AT LIBERTY.
Before Geo. +. Bets, Esq.
n the MATER o he drplicefn Of The French government
for lie ertradition Of Aagpste I'aro implicated Uih
Oilers On the 2lst day Of May the evidence in the
OF Greet, Parrot and David, having been closed
and the arguments OF counsel finished, the was
submitted to for determination; And / endorsed
upon the warrant order that 'thc prisoners be
continued In custody Of the Marshal until their surrender
to the proper authorities the French government accord
ing to tho spucons of treaties conventions between
tie governments OF the United States OF America
and OF France until their discharge according to
due course oi law, until the forther order OF
the Commissioner" On the 2sh of May made my report
10 the secretary Of State, certifying that the evidence be-
Grcet, 10 the charge of forgery and that there
evidence before sufficient to charge Psro.
raid with the commission OF any or the crimes ennmera
ted IN the treaties between this country and France.
Thceupop, waran, or the President, Louis Groet
delivered TO the authorities OF the french government
the yh OF May and sailed In the steamer OF that date
rhs roIor. msdo public tina. day, aud pub
hed in the journals Of the LIST Of June. On the ith OF
June Implication (sgned and by NJ Dc Mousho
lou Consul General OF Fance presented 10 In the
Of Parrot os permission 10 furnish farther evidence;
AID .ccSmJsnysg THIS w.s IN Affidavit Of NJ,
knowledge OF the aisn material 70 the issue ana upon
this application endorsed upon the warrant further
order that arot be remanded into and continued in
tody OF the Marshal for further examination concerning
tho charges eel forth in tho warrant and directing the
Marshal to produce said Parrot before the 9Th day
OF june that examination might be proceeded with
On TIE 9Th OF juno, before the examination was com
menccd the counsel for Parrot objected to proceeding
the around thai the Comnss had Jurisdiction
authority to proceed under this and these orders
which would re commence the whole examination This
objection reserved temporarily, and the evidence
heard and the whole case argued 90 the merits az well NJ
on the point or jurisdcton: but II Il necos-
ssry frat TO examine aud determine this question
81 Jurisdiction, as lies at the foundation Of these present
proceedings. whatever may be the powers OF the ind
ciary under the treaties with foreign Powers independent
Of any actof which there has been
diversity Of judicial opnions--there We doubt
the powers OF the Commissioners depend entirely the
act Of lSss Before the passage of that act they hal
power TO arrest or examine fugitive from the Justice OF
foreign country they created By that act for this spe
cdc pro ard independent OF that act they have power
ia regard 10 their arrest, examination or commitment.
On raj principles uscems clear hat an officer unknown
% the common law, created by statute for specc par
pose has only those powers which the statute expressly
couors which necessarily implied by the grant OF
spcci0c powers. a. S. W. HUDSON Cranch o. Nscar,
Danchy, DRl 81. Thatcher Va. Powell, q Wheat.
10 Me,1Ser's case How 100 barry w, hegse'n,
ogh, 10 john 49, Bgelovys. scarna - John 80 do
not consider necessary that every power conferred
should be set forth in wordsior lie intention OF The Ie
gislature 10 grant power well and egamaiey
bc ascertainod by the circumstance that II u necessarily
cloGed IN oh expressly graDted(2 o.. *.
lsO stlef We Hart Com. 90 Teope W. Moore Den.
SIS thus the rower,ct n'errcd 10 shear evidence %
plies the power 70 "admintor an oath, and the power
conferred 10 hear and consider "ny0ses The p,wer 10
grant adjournmcnts and u cOntnuc the examination"
Bot only such powers can be assumed thus nfercnaaly
necessarily IN Piled IN the exercise OF the powers
taiy caDforrcd Tho only powers expressly conferred
In regard 70 ths Imprisonment and examination of
cuscd perzcn, are ars 70 issue warrant for his spprc
nenalon that DC may be brough, before Commissioner
second 70 hear md cons der the evidence o. his cnahy
Third, thcro be sufficient evidence Of his crmnsly 70
the charge then 10 certify the 10 the Sccre
ta-y OF Sac ard, fourth In the case Of such report 10
commit The prisoner Unit; bis surrender TO The proper au-
tbordcs of The foreign government There are then but
| two classes Of warranS that Lo Commissioner Can
issus-drst, OF apprehension, second, ri commitment
Until surrendor; ala this last in IN. single event
the, be reports " the secretary Of STATE that thcre
y sufficient evdcrce Of crmiGaiy. The o8y extension
OF the power which the Cososcr has Of combining the
prscnor NUT be such snal result from tho
bear and o0naiders 10 Cy1duct the examination Bot
th mg.t necessarily terminate with The decision or the
case and when the s decided provision u made BY
TIE statute or the oven, TIA, the decision advcrao 10
| the prfouer, by authorizing The Commissioner In
| such care 10 commit FOR extra iuon Bii ia case
| the decision DO in favor Of the prisoner, the
| .,siu,e doos not mark out any 10 be pur-
sued nor give any further power to ~, magistrate.
ANY warrant, then IN that stags of the rrccccaings 10
remand the p soncr, 10 order him 10 he brought up
for further examination E IN my judgment UNAUTHORIZED
BY the statute. and beyond the power. % The ComnF.
siopcr Had IN april lon been made even On the 2lst
~ Nay, amer The Arguments N council Voc ended, for
leave 10 Introduce further vrc0f On either ujc woui
have rested in tho discretion u TIC Commissioner 10 have
allowed IT, and haC granted "a a. Jurunea Tor that pur
pose for he warrant Of apprehension o The purpose %
examination had thcp vitality, and woui have upheld
Tho further Continuance OF the prisoner custody or the
Narsha Tor THAI purpose and The auth relied npon
by Inc pro2ccu0n apply solely b t csse of power
IN rntnue oxatninston ocoyc toe finally 90
cdcd But after TIC determination Of the d1crcn,
Of scts results. TIC warrant cf APPREHENSION W Ell
mraiion has exhausted IT, pou -, the power % the
Comrnssoucr 10 hear and deermne under that warrant
has been DISCHARGED and the only other POWERS be has
fviy 10 report and ~ commit for exIaditon)
hngcni WON BIZ dndigg uc evidence fvi snt In any
o,her contingency tie statute gives him powers.
In CaIiers case lorniou o. the Attorney General vol q,
D. Q5) there int nation Of OPINION the part Of Mr.
C1sh ~ then Attorney General " the eject "that the
nrgisiTasn wuud have the power n rcfnand
f1r further rroor And u mainly on the strength
OF thu, opinion bat this further examination allowed.
We're lhis opinion expressed ur0n point which had
been subr ,gd ~ him, the high standing Of Mr Cushing
a. IaWyor rs wei AZ the high or1 position he occupied.
on ct lie hs opinion 10 be rcccivei with the greatest de-
erepce bit the only point which b. wasdctcrmring
whether THO Pre-. lent could ne called upon - aGt IN tho
sssr whore tie magistrate hal found the evidence Insult
ucicnf Tavr- determined that point "a tire mega
live this comment GA the power u ihc magistrate
- made In The form OF qucre, gccmin -ly
without nrv studied examination Of the question,
as h -ss not one upon which his opinion demanded.
Il would certainly be contrary % OF auaorcs of legal
zion M d AMI anpouncsd after four day hcve ciav the
prcsidrg magistrate shout have tbc power " the
rroccn rrs ard continue the case he DO n once he
can do an Indefinite number Of times " he " on
the appe Of tho prosecution, he can do 1aIy on
behalf &C the arcusod No authorities have been pro