The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-21

they do not on tho WHOLE fare much bettor than wo
do though should DO observed that thor difficulties
infinitely greater than ours Their operations extend
of miles tho or their duties We, the other
hand have very little embarrassment this Our
enemys "pah" IL probably within cannon shot OF our
ow and DO reached by easy mornings
march St IL Ia remarkable that tho United states
ros though trained to this kind OF service and not on
numbered by any political restrictions seldom give
good account OF their enemies at first or without resolue
exertion The secretary Of War resaptuiates the Incl
dents OF four principal expeditions which have disn-
guished the past year. In OF these the operations
admitted to have been quito ndecsive, third tho re-
ut is not stated while in only one does regular victory
appear 10 have been reported As general CONCLUSION,
recommended that the troops shoald be armed with
weapons OF the most approved construction, while II
vbscurcy iutimated that the military expenses will
exceed the estimates by which supplies were provided
Tho English Press on tho Canada Extra
dition Case.
from the Inndon Times, Jan. 8.
According TO decision just gwen by the Judges Of
the Court of Queens Bench in Canada, about "
deliver up black man 10 be burnt alive by tho slave
owners OF Missouri. The pubic already familiar
with acs OF the case, but they may DO rrcapitat
ed in few words. IL is more than year since
strange negro seen hurryng plantation Of
which Dir. Seneca Digges was the proprietor. by the
law Of Missouri In which this plantation WAS situated,
II is this duty Of every man to arrest slave found dis
tant than twenty miles from his master piauta
ton Dgges, ia performance Of the duty thus imposed
pursued the fugitive and after chase up withhin
In the struggle which cnsued the slave drew kuife and
wounded his pursue to the death There Is no opportu
nifty for dispute about the facts The slave slew man
who IN the execution vi his public duty accord
Ing to the laws OF Missouri According 10 all other laws
but those OF Missouri and Mssours kindred states the
slave acting in the direct exercise Of tho naenable
prerogatne Of manhood according to the laws OF Mis-
souri, he was coHmtng murder After tho act had been
consImated be completed his escape TO Canada Thithe
be was tracked by the agents VI the slave State and
reuscn has been made that no be delivered up, under
our Extradition treaty with tho United States as mar
defer.
All human sympathies are umluously in favor u tbs
slave, but il appears that human laws directly Ia
favor Of giving him up 10 the certain tate OF beng burnt
alive Chief Justice Robinson and Mr. Justice Burns
have ruled against the dentient opinion Of Mr. Justice
Mclean that the treaty OF extrediton, which part
OF tho statute law OF Canada applies to this Case, and
that tho man must be given UP, just "a II hs had boon
o white man who had murdered his gaoier and had
escaped from his gaol The first tdmgs Of such q
decision Is apt 10 make Engshnans face flush, and
to cell forth exclamation; but far the Case has
gone and so far they have tn do with IT, we very much
lawyers to have put the only possblc construction upon
the tAtradon law as stands The Judges are. by the
terms Of hec.se put before Them shut out from the
coDsideratcn Of the two facts upon which acuo Nil
sympathes based II the black bad killed and rob
bed traveller upon the highway, aud Ind then led
,he frontier, should all have said with oao
VOICE "Give the villain up.p II he had killed gaoler
who bad BIN IN legal custody tor Sone crimo
against property we should have been equally ready 10
surrender him. This is just how the case appears
TO tho Judges. Tcey decide than that
a fugitive who has, ia resisting his Lawful mp
tascn refuge in Canada, must be given up.
THIS cannot bo honestly gainseid. The Canadian
statute pr0viGo that "a person charged with committing
within any or tie United states OF America any OF the
Offences mentioned in the tfeatythat to say murder
a-sauit with intent TO commit murder, piracy arson
robbery forgery, and charged upon evidence Of
crinnaity according to the Law OF the place where
the fugitive person SO charged shall DO found would
justify his apprehension and commitment for trial 1t the
crime offence had there been committed, may be ap
pretended, upon complaint made under oath in order
that lie may be brought before tho Judge and Justice Of
the Peace who has caused him TO be apprehended, 10
the end hat tbs evidence OF his criinality may DO
heard and considered; and that IL, such hearing,
the evidence DO deemed sufficient BY as to sustain the
charge according 70 tho laws Of Canada 10 shall
certify the same, together with n copy of all
de testimony taken before him, 10 Tho Governor
Of the province In order that warrant may issue upon
tho reluisition OF tie proper authorities the United
States Of any such States for tho surrender OF tho
person charged, according 70 the stipulation Of the
rcaty II has been echly argued that tho evidence OF
he fact uf the homicide sufficient anu that the
Of tho treaty apply only offences against Tn
federal laws Of tho UEion and not to tho crmni codes Of
ind ydual states. 1t has 5een morc pasiby urged that
tho act 81 The slave does not amount 20 murder accord
TO The laws % Canada for that the act Of homie de
takes character OF guilt innocence from it attendant
circumstances But these arguments which nothing
but strong desire TO lind pretext to escape from
u conclusion abhpr could give a moments val IL
" IN our ewes We fear il must be omitted that
he Court uf Queens Bench has como 10 tho
fgbt conclusion 10 this csSe and that upon grounds ~
policy well In udscHi honesty would have led TO
sastrous conSeQ IL IL had given opposite
decision. With their liucu powers they could hayo
oronei door through which this ponr prisoner could
escae which would not have iemtined vide open foc
every brigand she border to slip through.
t ,herg0rst0 surrender his TIC cruz fate
Ahl 0rds him he ilet2htogi,g dtss The suggestion
l. lsrpoTars&. That who look with such upon
che lte state Of SiScuy fur delivering Hung sran
nobieman VINO had trusted TO her hospitality should
cor stength and our grandeur, deliver up wretcnod
Save who had run tot our soil, ~ 70 the ark Of
freedom, may Do argued 1s logical necessity in
a court m law, but IS an obvious iinpossbility
az a fact. Row " viii be We do rot pretend
TO toretol. How the logical necessity viii De SHOWN
10 DC practical ummssbs!liy wo arc by no means
prepared " explain, bW rey .0ni3n tvv are uss s M
gro = az dS iaosent 90 sore y, ~ Prism y Tao ron
crsT Ting seat bfoe Missouri Jta " Slar0W1aers he
uo0a y v ne Uef. IA he 'eitds ~ Ctnird trlcd Moan
While, gather ftDm The report, tdere IS inne L.
ate hurry or any danger &c any steps bonn, taken to
cary out tho judgment. From the decision 81 The
Queens Bench there H. = appears by tho Canadian law
an app Al to the Bench " judge and thence again.
there u an appeal understand, To- Ia, frivy coua
n,nst cancuI vii ib@t oq tbc omosps R,ach - S'sc
and a,horgh 10 uccnuisy OF counsel nm. OF anglo y