The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1864-06-30
THE AReuELLEs CASE.

- rs a. W S'S
Administration:
can administration marked at homo
by disregard of Constitutional rights,
by its violation Of personal liberty, and
the liberty Of the press, and as a crown
ing shame, by its abandonment Of tie
right of dsylum-a right especially dear
to all free nations"
Vallandigham repeats this in his
Hamilton speech.
AS this abandonment of the right OF
Asylum" in the Arguclles case, will
be thoroughly worked during the cam
paign to prove the despotism of the
Administration, the people should full
y understand the circumstances and
the cause of the arrest. We find in an
exchange the history of the case which
is appended below.
The Copperhead journals lay great
stress upon the fact that no eXtradi-
ton treaty exists between the United
States and Spain. Our Vice Consul
General at Havapa, on this ground
thought that our government could
not grant tho request of the Captain
General of Cuba for the reclamation Of
Col. Arguelles. But the Spanish Min
lister at Washington, while admitting
tho fact that no such treaty existed
asked whether, considering the gross ana
ScanddlouS outrage which had been com
mitted, as peU as the interests Of human,
| ty at stake, an "incident so exccptiona
could not be met with eXccptiona
measures.
Mr.. Seward in reporting the trans
action to Congress, it will be seen
states that "tho eXtradition in the Ar
guelles case is understood to have beer
made in virtue Of tho laU of nations
and the Constitution of the Uniiec
States. And further, that "a nation i,
never bound to furnish asylums t
dangerous criminals Ch0 are offender,
against the human race"
The gist of the complaint against thu
Administration, however, is, that Col
Arguelles was arrested and returned
Iwithouttrial Those who condemn th,
Administration seem to think that thu
same principles which govern where
an eXtradition treaty exists, should gov
ern where no such treaty exists. The
extradition treaty of 1912 with Grca
Britain, lays down the following prin
ciples which govern in the surrender
Of British citizens:
"This shall only be dono upon sucl
evidence of criminalty as, according
to the laws OF the place where the fu
gitive Or person so charged shall bl
found, would justify his apprehension
and commitment for trial, if the crime
or offence had been there committed
and the respective judges or othci
magistrates Of tho two government
shall have power, jurisdiction, and au
thority, upon complaint made undc
oath, TO issue n warrant for the apprc
hension of the fugitive or person S,
charged, that he may bo brought be
fore such judges or othcr magistrate
respectively, to the end that the cvi
dences of such criminalty may b,
heard and considered; and if, on sucl
hearing, tho evidence be deemed sufli
cicnt to sustain the charge, it shall b.
the duty of the examining judge o
magistrate to certify the same to tn
proper authority, that a warrant may
be issued for the surrender of such fugi
tive"
AS no such treaty exists between Tn,
United States and Spain, and as thcr,
is no municipal law upon the subject
the rendition could only be made, a
tho Secretary Of State says, in virtu,
of tho law Of nations and the Consti
tuition of the United States. The fol
lowing is history of the Case
"Early in tho morning of the It'll
ultimo Don Joso AugusCian Arguelles
an officer ofthc Spanish army, soiourn
ing in tho city of New York, wa
siczed by authority of the Presidcn
of the United States and secretly con
vcyod to steamer in that port boun,
for Havana, in tho Island of Cuba
So secretly ard summarily was th
arrest effected, as he was in the ac
of making his morning toilette in
room adjoining the chamber of hi
wife, that his wife remained in igno
rance of his condition or his destina
ton until, some days afterwards, sh
learned both from the Spanish Minis
tor in this city.
From the official correspondence
!, will be seen that Col. Arguellcs wa
formerly the Lieutenant Governor Q
the district of Colon, in the Island @
Cuba, and that he effected the captur
of u large cargo of African ncgroe
illegally landed within that distlic
on the Goth November last. TIL
Captain General, it is said, was highl
pleased with his zeal, and paid hin
fifteen thousand dollars for his shar
of tho prizo money usually allowed I
captors oS sueh expeditions, Arguellc
subsequently obtained leave of ali
Snnnn Of tUnnt,y dave ,,Non hi, ,o,>,,c