The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-21

the ,raty h recognized. This 10 mot the place TO
tss the best abused man In the U0ed States, bat
gentlemen will oorsu!i their when they de-
Other authorities to the constitution Of the United
states (sr' 2 Sec y, regarding The appointment Of
auch cen mssiorers
Mr. Town,bend raid that what he ca med IVES tina, Vie
Com mpsoner acted judoisy tho decision 70 whether
this IA an efence or mt IL iuo oial cot
M Jtacsmsstn claimed that II was cot which an
exeou I've officer can take oogozsuoe Of.
Mr. Buhted-We claim that he Commissioners ap-
pobtmeo Is that OF Especial executive oAoor, and the
siclus'on TO which he 10 Asked TO como must be judi
Cha, act
M JoAohnsseu remarked that com uissioners are ap
pointed fer various purposcsio locate grant
sner &C according 10 the theory the counsel these
arc judicial scis ard all OF them would be void for want
Of iur.donon Ttey were nov engaged in an endeavor
TO carry out our treaty with foreign govern ment bs
fore an executive Cheer appointed by the Court and
cogr'z by the Constitution. The form Of tho sppoia
nspt 10 objected TO, but he thought the form Of
the appointment, Is In the discretion Of the
opposs!ng power Here is an appointment that
ns bs &c court ss The os Of s
Dhu!os Cour. shall sci a. commissioner 70 carry out
ard execute this treaty
En- Recorder Tlor about to speak for the French
Mr.. J. Fcesrty objected He said this matter
snd this government represented by Mr. Joachim 'sen,
wh the prisoners represented by their
counss He obecied with all due re,peot TO Mr. Tioa,
hut be claimed that the French government had no status
before this Court
Mr. Busted msde the objection, under the I'D vtcs
OF the Father OF Country no foreign influence should
be brought TO be arr 10 this case.
Mr.. rou mace no reply, but Nr Joschmsssn iusls,od
on TIE right Of that st D'leman 70 DO heard
TIE Com missiocer overruled the objection.
Mr. Tou said he did not Intend to say one word ~ TO
the objection but that the Commissioners had de 'ded
the matter he would remark that not only proper
ou: prudent thai the French government shoud De per
niced 10 be heard by counsel. He understood the
greun6s OF the AK or seven one Is thai the
Commissioner could adjourn tha examinaton another
Is that The treaty void by reason OF the change CT
French government the tord aci oy wnloa zoe
power given stu.!onal that there rs defect In
the warrant, which concludes with the words that
the PARTIES were to be dealt with according TO Law.
II eemed to him that the Comnisaiouer hal the power
10 ADJOURN that point had air eady bee sufficiently an
swered by M Joschi nssep Az regards the expiration
the treaty because there change Of govern nent OF
Frances revolution bad taken place aud Instead Of
king reienipg governed by IN emperor be under
stood H. ihe treaty was made between nation ana nsaon,
and the who wiel It's power or the
incv!o uai sovereign VINO may nake M AT ITS prncpiel
be changed by this mere change OF the iorm OF
Louis Philippe king Of Ffsnce, and Il Is asked
10 be carried oui when France Is governed by enpe
transferred 10 the allegiance the British lest ard
under the commonwealth Cromwell possessed all the
pose's CT she former governmont rreaae. OF exUs1,
ZION have been corcaded 10 BE- right for the welfare Of
humanity ne would 90 hand In hand with the counsel
for the deence in opposing an abuse o. powor but he
was no. wipg Of his should be done unjust.
IT, Treaties made on the principles Of hum unity and
though creep 10 And aggression may be done
but mrat be ded that "a oct which Ia right
arc proper for the sorority Of nsuous thoy
the sole compact between nation and nss'oo they
consopant with s.ce and humanity md ne presumed
hat just would object to their fudlment they
Go not violate any principle OF Justice He commended
that e treaty coua not be affected By any change Of
soytinmo;i Il In the nation with which ho Uate1
Stases made the treaty MISTER what may BIS the
change IA rs Of eovernmen-the rights Of the rea
ton Between she French ration and hs 60 are
abe On ire point CT the appointment Of the Commits
Iicnsr the fr pcn government hsd nothing to say.
M To~r,berd-ur kootboion says tha. the parties
are cha sed; be not charge TIT himself.
xr rilo1-I upon the face Of the warrant is stated
substantially nc considered sufficient. Az to what Mr..
Bussec ta.d aoout Mr. orthooI q Affidavit, he would
merely that there not more pru dent cautious
or c. n,ceLous mar AZ rfsrds .ne .arran. nr sSs.
mskpg OF the affidavit but hs that all the Com
had 10 do TO ock at the warrant drc citing
Mr. Br,ued replied, an gave the District Attorney no
tee that be would either srbIeaa the PftEtent Of the
CON m1soD examine thtm as 10 the truth Ct ihs
M Joat hm,seD ssd that when the Commissioner de-
caed ,he Re wout nove that the tceedipss DO
conducted ~ porn
Fsn 40 AT The opening Of the court this mornog.
Mr. Tow rhs nd rose 10 repy He Hsu 90 tbs Court that
he had obecioa to inete pfooeeoipss taa he
cd not eceniousy believe AT the time OF making 10
be Iuch ore should os aio we'd. and that bis bslef
ef cd BY the Ngum Of ms learned c,uare who
oppc,e. 20 him With gard 70 the question o. the OK
nerce o. tes'y he Souii request the Court to con
ttttr ibe evttis which took place Ia France la 1875,
chen for time goverr mcn a oil exiited Aser wards
here rss . provisional sovernment-then . military
o!ciato, ship-ibtn . rpubic and lastiy an en-
pie ara perhaps the views Of tue members
OF ihst proY'sosal eo7ernment might be taken
a eyieeice Of The enec. Of me revolution 90 see
sn:up that Monsieur q, Isuarne when at ms head OF
tho p-tvscDa 90 ernmen addressed note TO tbs d.
pic SCENTS OF Ores1 countries In these words"rhe
republic has not changed the paos Of France In Europe
IL 10 ready 10 resums It's injection with other stions"
The cor neccs bad been severed Gsas si,es tue revo
luton lamar,ine recalled successvey from aoroaf oil
The Ambassadors And nearly ali the Ministers Pitnipo.
'et tary. arc be give rta.on that their presence
ead a double .noonvsncnce-tbe repuohJ was MT 70
gpr.d srdt there dars that their presence should
Of rev relations" B.sces ths L,martine In his m AMI
ies'o 70 Europe IN March ls.e asserts " rhe treaties
OF ISIS longer ,sh In the eyer OF the French
republic And attcf he declared In the Assembly,
"a werd hem us bn ~ thoroughly oe.ite' aisd The
treaties OF 1918 the march OF one hundred thousand
men ~ The council then eterrcd To some othcr events
history al tent log W stow, ~ he alleged that rsvo
luton, such % tick place IN France In 1915 dissolved all
ires,ss With foreign powe,s ATE, dl,cu,'ias q some
cheney tie counsel concluded by expressing fervent
bore si The Court would order the prisoners TO be dis
chsrstd
Con missioner Belts then reviewed, seripim and 81
length, the elections that had been raised and the areu
counsel and to the conclusion not - grant
Mr. Josch!msstn Was then about 10 read an ahds7n OF
Fmsnucl Tessbder 90 peri Of TIE evidence Of the pri
Mr. Tevn,hepd-s,op, nrs, lie, US know by what subo-
lily Gu can prove TIE prisoners gull, By sfdsvii
nv ONGlrlrse1 turn P''ctcoeu W fcso uV1 N'nocu
Com mas Practice In the United States Courts,
ard ugred hs, tie proceedings were pdrte aud thn
the prsoncrs bad right Of examinations but that
~ By the sfeavi's appeared they vero Gsly !! would
be IRE dsy 81 TIE Commissonsr 70 90 certify TO the Be-
cretsry CT SAie
M. wI,htnc-I ,eel 90 amazed and terror stricken
by tie assertion By Au Officer e the govern OF
the United states that be arrested, imprsoned
prs carried for trial before foreign tribunal evidence
By sh6avii and ytnout opportun for GROSS exsu
pailcn, ard thai too while the whose fiiavii u 10
proposed 70 read els IN this court before me, tha,
scarcely feel abe 10 speak 10 the quest on and uuess
your honor ril Inform mat do not think the all
davW admissible, AK for adjourn neat 70 prepare
myself TO meet suct . monstrous proposuon.
CON masioper Belts ,ad he did NOT think the An 'avt
Advisable, add ruled ont.
nr Tou then opened the case behalf o. the French
ment with lucid and elaborste narrative OF the
actions 81 which these charges arise and his
cosoiudrg the court adjourned until this day Saturday
alsM
The Taylor Counterfeiting Case.