The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-05-23

since directed tho st.sntiou Of CONGRESS to tho
necessity OF ysform In this branch Of our
military service. II We take into the account
the frauds which have been perpetrated through
the same influences In the enrolment business,
! 1t is The more surprising that SONG thing should
not have been attempted, even were il In the
way OF inquiry. OF one thing we are con-
WINGED: thai pntil medical men arc properly
remunerated the Var Department csu never
count with certainty upon Its resources; for
without properly qualified examining surgeons
1t will always be cheated as to the number and
efficiency of the troops on which 1t has to rely
The ArgueiIes Case-The Diplomatic
| OOrresponde nOe.
We publish this morning tho entire dipl0.
matte correspondence in the Argueiles case,
which bids fair to become one of the causes
celeJres. The correspondence Is exceedingly
interesting, and will well repay perussl. We
also publish the indictment found by the Grand
Jury against Marshal Murray for kidnapping
Senior Arguelles. This fully completes the
record Of the case up TO this time.
| The crime with which Senior Arguoles is
L
engaging in the slave trade and prostituting his
official position in Cuba for the encouragement
aud protection Of that Infamous traffic. Learn
ing that the Governor General Of Cuba had de-
cided upon his arrest, Arguelles suddenly fed
to this country, bringing with him the proceeds
OF his latest transaction in slaves A letter from
| our Havana correspondent, detailing tie circum-
! stances arrived here at the same time, and was
| Immediately published in our columns. AL
| though no names were mentioned in this
letter, Arguelles at once sent us re-
| ply to it, in which he denied that he had
| left Cuba clandestinely, and asserted that he
| had come to New York upon official business,
and by the authority and permission of the
Governor General. A subsequent letter, in
which he stated that the charges against him
were originated for purposes of black mail, we
declined to print.
| The diplomatic correspondence fills up the
gap which has hitherto existed between these
! facts and the mysterious disappearance Of the
| Senior. II seems that the Spanish Consul here,
| acting for the Governor General made appli-
cation to Secretary Seward for the arrest of
! the alleged criminal and his return to Cuba for
trial. Several notes upon the subject passed
between the Secretary Of State, Lord Lyons
aud the Spanish Consul, and Secretary Seward,
by the authority Of the President notified the
Governor General that il a proper officer were
sent here from Cuba to take charge Of Ar
gneles he would be given up. This appears
| to have been done; for our reports inform us
that Arguelles was kidnapped by the United
States Marshal. taken off TO the Havana
steamer in small boat, and placed on board
the vessel, which then proceeded upon Its
voyage.
In the meantime Madame Argueles had made
a complaint before the Grand Jury Of the alb
duction Of her husband. The jury at once
investigated The matter, and, while pushing
their inquiries in every diiectiou, requested in
formation Of the Secretary Of State His reply
was the accompanying documents. and 4 letter
t, District Attorney Hall, siStiag that the arrest
was made by Marshal Murray, at the instance
and with The sanction OF President LINCOLN
This Of course exOneraicd the Marshall but
nevertheless the Grand Jury. careful that the
law should not be in:ringcd even by the
President. found bill Of indictment
against Mr.. Murray, in order to test
the legal and International questions in
yolved. Consequently tie indictment is, in
fact y prcsentncnt OF the administration.
If tho case should not be transferred to the
United states courts under recent legislation.
the ADMINISTRATION will be practically the party
tried. although Marshal Murray is the party
accused. This singular position of affairs
makes the case all the more curious and inter-
esting.
Should the indictment be pressed. Marshal
Marrays defence viii be the order of the Secre-
tary OF State. That defence will raise the
question Of the right OF the administration to
issue such an order. Where this right is based
upon treaty no doubt remains; but the United
States bave no extradition treaty with Spain
This leads to the real point in the case,
which i: whether or not International law
authorizes sovereign or State to de-
liver to another the criminal subjects Of
the latter. irrespective OF any treaty stipna-
tons. Upon this point authorities differ.
TIE earlier iurists held that international law
did authorize such deliveries. Th. Chancellor
OF this State took The same ground in the
N'ShtufIc cHSc. u onnsoD Cnanccry, Page
lo6.l Secretary Seward and Attorney General
Bates entertain the same opinions and have
rut them into practice by diplomatic arrange
inents But, on the other hand. the later writ
err and decisions are very strongly opposed to
this position. For example the last edition Of
Kent gays that 'all the high law authorities in
Westminster Hall, in the case of the Creole.
gave their opinions in tue British House Of
Lords, in February. 1912, tina, the Eaglish law
aad international law did not authorize the
surrender OF fugitive criminals OF any degree.
and that The right 10 demand and surrender