The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-18
The GREAT FRENCH RAILROAD
ExTRADxT10r0 OASHs.

Before United states Com missioner Belts.
IN TIM MATTER or THE APPLIoArloH oF rBR vRxNCU
GOVERNMENT FoR THE ExrRADIrIoN OF OHABLB6
CARpRNTIAR, LOUIS GRELEr, AUGUsrE Parrot AND
EDouRA DAVID, cBARGED WITH THE CRiMB OF
FORGERY AND OTHER CRIMES.
FErRuARy Is-Tbe Marshal, with the prisoners Charles
Carpenter Louis Grelct Auguste Paro and Eoura David
IN bis custody, under the issued by the Comms
sioper, being present:
Mr.. MoKeon, United States District Attorney and Mr.
Joachimesen appears behalf Of the prosecution.
Mr. Tlou aud Mr.. Morrogh appear for prosecution
behalf of tho French government
Mr.. Busted appears for Carpenter.
Mr.. Townshend aud Mr.. Galbrath for Louis Gre,e&
Parrot
Mr.. Fogerty for v David
Mr. Fogery moved, behalf Of David, that he be dis
charged the groul that treaty provides app
cation for extradiuon be made through tho medium
Of diplomatic agents. that The nos reeiss
such application.
Mr.. Joschimssen objected. Motion overruled.
Mr. Develn moves, in behalf of Carpenter that hs be
discharged the ground Ut Jurisdiction 40 o,
l848, vol 0, p. 8e2 Commissioner authorized appoinA-
ment being since act does NOT apply. Molten denied.
Mr.. Townshend for 6reiet and Parot that cy 10
discharged ON ground tbst The warrant does show
decsiop-tbss the only power Of The oonmiasonsr 10 70
decide shereupon immediately; examination should have
proceeded Immediately upon apprche nsiou Treaay with
France passed away with The resolution Of AngMy
has been clothed with this Judicial power that The power
10 judicial one, and unconstitutional The suysene
Court having delegated power cannot delegate that pow
err The treaty applies only where the commission Il Inc
crime established ~ constitute crime acnordnG
to the law Of the couuy WHERE h nDo NV VT . &C.
fore the officer issuing the warrant warrant doea not refer
to any treaty no charge warrant OF oommisson q any
crime
TEB lo-Mr. Townsend oontnues-Compaint 10 mo-
sufficient az mot stating any crime, but merely saas7g
the end that accused may be no brought that evdsnoe
crinaly may be heard and considered" not no be
Mr. Bustsod moves for discharge Of Carpenter sams
grounds; and also, .. -
that not been any such special appotnmcnS -
required by che sixth section q The act Of lSlS
lill There must be special appointment m each 49,
as shall arise, and by name. The authority mUe 30
strictly conferred
IL Because the warrant OF the Commissioner, On ~
face il improperly drawn confer Jurisdiction doeo
mot state tho jursdcouai cts necessary before be can
take jurisdiction-does not state 70 what Oommaa1H
application was made. De Nonthoons a61dsvtt-nq
was ever annexed; he only states on information %
lief nor from what country they fugiuvos. an
dayn must precede the Presidential warrant (Ace@A w.
Mr.. fogerty adopts the motion for David.
Commssiener has nothing to do With what guided ne
action Of the President II warrant or President regu
lar on It's face We must h 1sr $780, &c nsr s9Sn
Is not acting alone on the warrant, but on The whole re-
cord. -.
&C. an objection 70 hal holding him. There he's
never been an adjournment OF these proceedings NO
such power Of nd onrnment In act Of 17So Warrant neeA
not recite the charge crime. Treaty with Ftanec) Oh
legation persons die outpolitcal obligations 40 No
sous 70 SSsa Co%mis.onsr sss m@i.srsy osmms
tioners locate lighthouses W mako awards grant pen
FORM Of appointment in he discretion Of The appointing
| power; A. n.. ..,.,. a, ~. ,xu,, -,
pearipg for the French government
| Mr.. MIou argues. objection overruIod. Inception
Mr.. Tllou replies 70 Townhepd and Bosteed
| l. Adjournment necessary to power OF maS1s6ate.
| Exposition of treaty rs between ana not Mo
persons in po~er treaties last until the integral oharac-
g. Mountaineering OF act appointing Commissioner;
| French government nothing 10 do with that.
n the face Of the warrant contains enough 70 show
Jurisdiction thai Ia enough.
No affidavit need prcccdc the OF Tho Pred
dent assr IN 1spSnhs can ).
cop;radicisd s principal force reciak We are Untitled
ea ns 10 H. %ord used o IN he frssdens wsirsu
nIronch-improper under The laH ofths Safe-and IN be
absence Of acts Of Congress STATE law prevails
Feb. 2o.-An present except Bisteed.
Motion 10 postpone denied.
Mr. Towns bend concluded his argument 70 discharge mo
accused motion dehled; excepted 70.
Mr. Joachinssen proposed TO The afBiavn W
before Geo. W Morton, january 0, 1857, BY EmAnuoa
Objected TO- Objection sustained Evidence ruled out
Mr.. Tllou opened the case.
TrTL 2i-AdiourBed.
Iva 2-Mr. rowusnend objected that tho paper signed
by NSnthoon refers annexed papers, and none were
annexed Moves that pa DO Siihdrawn from Mo
consideration Of commissioner.
! Motion denied Exception.
| FEBl24--Ai present Prosecution calls
| Charles DE Montholon, sworn-I am acting ~ CONSUL
General Of Frances my appointment dates three years
june exoquatur and proclamation VI President daas
about that time took my functions here ON the an o.
June 1854 after the proclamation and have been exer-
| csing the power ever since, without intermsston
Mr. eedaod for production Of appointment Of which
| witness speaks or that evidence be stricken Out
| OtTcton ovorruled. Excepuon.
(days taken before Morton, dated February g. 1857,
oompairan, in this casc before NJ Mortan this (exbi
bit No - Is my code that In the Office; belongs
Scre I has ' been no s%eSd%eu, Of he psD. code mat.
know of since 1882 the Publishers Turkey L06saux,
whose editions recognized in all the courts In frasoe
the edions projected by law; bought this hook N
France self.
c.e.s .iamlo.a sy Bs.,sed Exhibit ~ y r..
Paris would 30 sufficient of tn authority: far
hibt No. 81 " an authentic edition Of code; sdrscns
have been published which have my ofce have
not had any variance VI the codo sent; do know OF
aryi have all the laws sent PASSED II ~ q vcry
Iafre co--sop government sends NJ Bulletin des Los
,hose volumes sse hound; they are when choose
three or four years no; bound
Mr. Busted demsr ded al the laws claiming 10 be ~.
cirops 10 the French law, be produced
Mr. rou declined on account Of oaEnecrsopcnes. Do
mand refused EycePtiou.
year,, but no, without in,crrupt,cn; since Juns,
is64, have resided here oopsecutiveiy; I can't say
vteber b. onsht my appointment WIN me o. found -
the subject; cd receive my appntmsrt from sATt
res; but whether he goa from me frcm Frapos dor
remember have got the appointment II home, sow
this year and read II; don't know when before n;
W large parchment niIed with writing, 9Th . SAL
don't remember OF Emperor CT foreign ahatrs dsdnr
the eca AFFIXED 10 H. have notscen The imperial grsaa
seal which AFFIXED 10 treaties have ths on
ginal n the seal which my apposntmens; Napoas.s
name Is the seal 70 my appointment believe have In
my Office one impression II the Louis Philippe sal
Re direct have constant communicated with Mr. aas-
tgcs Exhibit 4 shown IN witness)
nd you receive that paper in ycar cGsal shrsstsr
from Mr. sartgee7
Objected to by Mr. pnsiecd ~ Irrelevant
Mr. Joachimssen replied, n recognizes M nonthoAs -
Consui General and nstrucs him 10 attend this csse.
Held relevant Exception.
received this letter with this exhibit s Isocowpsuy-
Ing ~, and also this cxocrf'on 9.
uFes, at Washington any other papers ees,a~
hibits 4, aud CD, and " 80, are they 10 me o.
have received other rsprrs, and some ~ -" 49,