Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-06-09


made by the Executive department alone and
that therefore the mandate of the President was
void. Barbour's N, Y. Supreme Court Re-
ports, p. 248.
The prisoner was accordingly ordered by Judge
Edmonds to be discharged. The French Minis
ter was much dissatisfied with the result So
much SO that our Government directed writ of
error to be brought, in order to take the case to
the Supreme Court Of the United States. At the
ensuing session of Congress the subject was laid
before the Senate, by whom it was referred to the
Judiciary Committee, on which were Daniel Web
present Minister to France. Their examination
convinced them that the decision was right; the
writ of error was abandoned, and Congress passed
law supplying the defect complained of, and pro-
yding for the action of the judiciary in such
That law was as follows:
Bs enacted By the Senate and House Of Representatives
Of the Unitsd States Of imeiea in Congress assembled
That IN all cases in which there exists hereafter
may exist any treaty convention for extradOn between
the Government of the United States and any foreign Gov
ernmeD shall and may be lawful for any of the Justices
of the Supreme Court Judges of the several District
of the United States and the Judges of the several
Of the courts q the United States hereby severaly
vested with power jurisdiction, and authority upon
plant made under oath affirmation, charging any person
found within the limits of any State district territory
with having committed within the jurisdiction of any such
foreign Government any of the crimes enumerated pro-
Vlded tor by any such treaty or convention to issue his
warrant for the apprehension of the person charged
that he may be brought before such Judge commissioner
to the end that tho evidence of crmnay may heard
and consdered and If such bearing, the evidence be
deemed sufficient by him to sustain the charge under the
provisions of the proper treaty convention it shall be
his duty to certify the same, together with copy of all
The testimony taken before him. to the Secretary of State
that oarrant may upon the requsition Of the proper
authorities Of such foreign Government for the surrender
Of such person. according to the spuaions said treaty
or eonDenion and shall be the duty of the said Judge
or commissioner to issue his warrant for the commitment
OF the person charged to the proper JAIL there to remain
until such surrender shall be made'
"And further enacted, That this act shall continue in
force during the existence of any treaty of extradon with
any foreign Government, aud no longer"
In the light of this historical review, and espe-
cialy in the immediate presence of this statute Of
our Congress, we can clearly read the law aud
usage of the United States on this subject To
compass the extradition of fugitive from justice
there must be treaty stipulation enforced by COR
responding municipal legislation, and it is ex-
pressly declared by the Congress in the 5th
section of the above-cited act that such munich
pal Legislation taken shall continue in force only
during the existence of any treaty of extradtion
with any foreign Government. If even, under
treaty of extradition, a criminal cannot be given
up without the cooperation of our statutes, what
shall be said of the arrest and surrender of crmi-
nal without the authority either of treaty stipuls
ton or of municipal law?
We have seen that the Cuban authorities and the
Minister of Spain did not ask the delivery of Argue
les as matter of right, but only matter of grace
in the interest of humanity 1t may be interesting
entitled to expect that our Government would act
on this principle, even supposing it had the right
to do So
A recent transaction between the two Govern
nents recorded in the Diplomatic Corr, spondence
of Mr.. Seward, as transmitted 10 Congress ct the
opening of the present session, affords an illustra
ton Of the principles and precedents which have
been heretofore understood to govern the right of
asylum and the conditions on which tae extradtion
of alleged criminals may be claimed by one Gov
eminent and granted by another As this case
was fresh in the minds of the Spanish authorities
when they reclaimed Col. Arguelles, and in the
memory of the Administration when it yielded to
their request, we may recite the circumstances
under which it arose, using for this purpose the
words of the Government when giving an account
of the transaction. Papers relating to Foreign
Affairs, 1868, VOL 2, P. 994:l
I'm the month of Septembr 1862, the city of New
Orleans had been reclaimed by the naval and military
forces Of the UDied States from occups.
on aud then held military position ia an actual
state Of civil The block de regulations of the port
relaxed far to admit trade under military repu
atIons. Three Spanish vessels of war; in conformity with
the liberal practice which the United States had adopted
towards all he maritime Powers admitted into the
port of New Orleans without question The city then
IN condition of great Distress and permission freely
given by the authorities of the United States TO any for
egn Government which should ask it, to receive and re
move any of their suffering countrymen who we're
not compromised in the instruction. A number OF
such persons went board Of the three Spanish
vessels with passes from the military authorities such
passes being given to all unoending pc who applied
for them The commander OF the BlascO de Garay being
also in command OF the other two vessels content with
giving passages to OF the class before
went further aud Knowingly and without consulting with
the military commander OF the port received board and
conveyed away eighty native citizens OF the United States
who had been in the and this
violation Of known and welunderstood military regula
the city On the 25h day Of October the major general
commanding called the attention Of the captain OF the
Basco Gaay TO This subject and then asked tn be in
formed of the names Of the passengers not belonging to
the Government service Of Spain whom he had taken in
biz ship the voyage before mentioned to Havana and