Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1864-06-03
Tho ArYuelles Case.

OoA uASPtblCuCS UIIlS OlIluk
nounce the arrival Of the infamous Ar
guelles at Havana, in charge of Spanish
agents. Some Of our readers may not
understand his case, although it has
lately made great deal of noise. 1t is
briefly this: In November last, a cargo
Of more than 1000 negroes was landed
near Cardenas, who were taken to Ha
vana to be sold into slavery. Mr.. Sew
ard was notified of the fact, who at once
communicated to Lord Lyons propo-
sition to join with the English Govern
ment in such representations as should
induce Spain to amend her laws prohib-
iting the slave trade, so as to make them
more effective. This was agreed to-
While these steps were being taken,
Don Jose Augustin Arguelles, Lieuten-
ant Governor Of the District OF Colon,
in which the slaves were landed, captur-
ed them, and $4,000 was paid him by
the Captain General of Cuba as the
usual prize money. He then obtained
leave to go to New York, and it was on
ly after his departure that, as the Cap
tain General informed Mr.. Savage, our
Consul, it was discovered that he with
some other officers had retained and
sold into slavery one hundred and forty
one of the negroes whom he had cap
tured from the traders-representin to
the Government that this number Of the
negroes had died of disease and procur-
ing a forged register to sustain this re-
port. The Captain General represented
to Mr.. Savage that the presentation of
Arguelles in court of justice would be
necessary under the Spanish law to Sc
cure the proof of unlawful enslavement
and the liberation of the one hundred
and forty one negroes; and the Spanish
Minister at Washington joined in his
request that in consideration of the
''gross and scandalous outrage which
has been committed, as well as the in
terests of humanity at stake" and in
the absence of any treaty for the extra
dition of criminals, the United States
would deliver up Arguelles to the Cuban
The Secretary.of State re-
piled that if q suitable officer were sent
to New York by the Captain-General,
Arguelles would be placed in his hands.
The Cuban authorities acted promptly;
Arguelles was seized by the deputies of
the United States Marshalin New York
on the 18th ult., and, it seems, was
sent to Havana in the next steamer.
The copperheads, as might be expec-
ted, have rushed to the rescue of the
slave trader and bitterly denounce the
arrest Of Arguelles. The Marshal and
his deputies have already been indicted
for kidnapping; and the Secretary of
State in note to the District Attorney,
Mr.. Hall, has informed him that the
proceedings were by direction of the
President, who therefore assumes the re-
sponsibility.
The case rests of course on the right ofl
our Government to deliver up criminals
taking refuge here, in the absence of
any treaty of extradition The common
that such treaty is neces-
sary to authorize the delivery is by no
means clearly supported by authority
Some leading writers on public law hold
that the duty Of surrender rests upon
an original obligation under, the law of
nations and not upon treaty. Judicial
opinions in this country have varied
the Attorney Generals of the United
States have given opinions on each side
of the question; Judge Story expressed |
great doubts onthe matter, and Chancel-
Tor Kent leans to the. opinion that sur
render is proper, the practice being con-
fined to cases of crimes of great atrocity. |
Certainly no element of atrocity was |
lacking in this case, where public of
ficer had betrayed his trust and engaged |
in the blacklist crime which stands upon |
the catalogue of offenses and in view
of the efforts in which our government |!
had taken part to induce Spain to in
crease the efficiency of her penal system
no case could have come up where poll
cy would seem to call more distinctly
for the exercise Of right which the
Secretary Of State, with 50 much sup
port from authority, believes the gov
eminent to possess.