Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1865-04-05
From the New York Times.

| tnat the SI AiDaHS burglars were gum
| less of the crime laid to their charge.
More strictly speaking, Justice Smith, of
Montreal, decides that the accused were
Confederate soldiers, and that as snch
they did not come within the Extraditon
Treaty. TO better clinch the matter, in
his own Dogbcrry way, Justice Smith
further holds that the Fxtradition Treaty
is no longer binding on the contracting
parties And the cause of this lapse in
the contract, is that the Omitted States
Courts refuse to recognize the belligcrent
character of the Coufederates y Judge
Smith is also made to say (by the tele-
gram) that he held that Gan. Dir's or
der to shoot them doaon recognizes tie rad
ers as bciiigerents, and not as robbers.
Several months ago. when the case of
these burglars was transferred from the
hands of the notorious Coursol to those
of Smith, au eminent Canadian judge, on
visit to New York, remarked that the
/ St. Adams raiders having been tried be-
! fore o knaye. were now to 60 before fool.
The telegram may do injustice to Justice
smiths learning and logic for it is ex-
cecdiug hard of belief that even second
class provincial justice can have declared
the Extradition treaty at an end, by the
fact of the United States Courts having
refused to recognize the belligerant char
actcr of the Contederates. This is non
sense so incffably dull that it is not even
amusing. One must either suppose that
Justice Smith was ignorant that the Tx
tradition Treaty was put in active force at
the instance of the British authorities,
only few months ago, in the case Of
Muller and that it was in operation at
the instance of our own government still
more recently, in the case of Burnley; or
it must he concluded that Smith has COLI
sisted himself the supreme authority in
the matter of terminating or annulling
international covenants as be pleases
We had supposed that the opening or
closing of treaties were matters of purely
Executive action. This Dogberry tells
tells us that it is judicial matter alto
gether, and that he himself is the
judge.
There is something more sprightly in
the nonsense that follows in regard to
Gen. Dix's Order. 1t is lively enough to
hear that that Order constituted the st..
Adams thieves belligerants By parity
of reasoning-if gang of Manltoulin
Indians crossed over to Northern Michi-
gan, aud commenced pluudering and mas
sacreeing in that State il would prove
that they were belligerants il Pope, or
any one in command at the Northwest,
ordered them to be pursued across the
border and shot wherever found. The
logic in the one case would be quite as
powerful as in the other If its applica.
ton by Smith in this case fails to earn
him name, we can scarcely conceive
what can purchase fame.
The act of the Canadian Executive il
T, following up this extraordinary judg
ment by rearresting the burglars on thu
: double charge of murder and violotion Q
= the municipal laws Of the colony, shows
prudent regard to what the situation
J demands. 1t is needless for us to repea
. that the people Of the United States vii
only believe that the Government of tn
Province mem to act in good faith in thi
u matter when the order for the extraditiol
} of these criminals is signed by Lor,
l. Monck. They will steadily refuse to con
e slider it possible that the Coursols an,
Smiths are honest interpreters Of justice
as it is ordinarily administered unde
British laws. And they will, therefore
expect to hear that the Grown Prosecute
is really exertiDg himself TO have Judi
cial decision rendered in this case, whic
is will neither be insulting to common sense
Is nor fagrantly at variance with inferno
tioual compacts.