The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-26
N. LAMIRAMDE's ExrRAuITIoH.

A Franco-C Canadian Difficulty Likely to Arise
From Lord Moncx's Action.
From the London Times, Sept 20
Ine act for the amendment Of our Extradton laws
nha scarcely received the royal assent before an incident
took place In Canada which gives much color to the
suspicious Of is opponents. French cashier named
branch OF the Bank Of France by false entries
had taken refuge at Montreal He was pursued by
lion from Lord Monck through the French Consul a.
Montreal II Is hardly necessary 10 discuss the question
whether Consul having no regular diplomatic status !:
this kind II any, would surely not DO sufficient 10 viii
ate the arrest The subsequent proceedings however,
complexion, and call for seurchiYg in1uiyu NJ
Lamlrande was duly taken by the police before
local magistrate, who decided, rightly wrongly that
there was . primo tacie case against him he was
accordingly committed for trial. and lodged IN the Mon
trea gso whence he presented petition for w. q
the Court OF Queens Bench in Lower Canada. Tho
Judge had already intImated an opinion In favor Of tho
prisoner, and was about TO issue the writ when the
counsel for the prosecution applied for an adjournment
until the morning. During the night certain per-
SONS ere and m s n
deliver n Lasnirande to the custody OF the Preach
officer This done, and Notwithstanding the Efforts
OF his friends, tho accused was hurried on with snch
expedition that he was his way to France before
measures could DO taken for his rescue.
Such Invested OF oil its questionable fsdtayes, IN
the story has reached from Canada and few will
deny that. II true, 1t discoses a tdCrdnt abuse o.
the Ex,raai0n treaty iaTtner asssa nat ro,a
conspiracy By The prdmtion Of document 10 'phch MS
ssgnatore had been toid under fo'se pnee command
ing empowering the deputy sheriff to grant the order
for immediate extradton How much truth there may
be in this statement is impossible TO say until we re-
course ncleSpe t6as any governor general still more
one who has acquitted himself hitherto with much
discretion should have lent himself TO the sinister
manuuvres Of French police AGENTS, and assumed to
override tho lawful jurisdiction OF court OF ius-
tce, oven If II were possible 10 imagine motive for
grave breach OF duty. II makes not the least
difference from this point of view whether Mr. Justice
Drummonds reasons for holding the prisoner entitled
to writ habeas corpus soupd contrary So
long he within the protection of the Conrt and
his case was sti pending there was no power known TO
the law which could authorize his removal.
II viii be for the Colonial Secretary to take proper
steps for tho calculation OF this transaction and the
punishment Of those who may lave been implicated
s..aaous conduct attributed the French officials
and their Canadian accompces. should bring the
Canada may well DO Indignant al 20 Sagrant and shame
less defiance Of their legal privileges which certainly
revised our Eairadition laws ' at The instance es
Of France. stiil, however unucky the coin
pride which rebels agains, tho surrender Of worst
crmlpals as II II were an encroachment the sacred
fright of asyum, or regret that needless obstacle 70
the course OF justice was abolished by the legislation OF
last session Is altogether Unreaeonabe argue that
whatever gives increased efficacy % existing treaties
but the thin end OF the wedge and mus. lead in tho
end cx,radon or political Offenders properly SO
called The distinction between this class OF offences
and all Others t. clear aud dcniie II has been rccog
nZed by most civilized nations and is capable Of being
perfectly defended on principle. The mere fact that
two governments could ba brought agree about
the definition OF such offences Is quite enough to
their exclusion from eStrsdon treaties II their
mission could would be tolerated by modern public
opinion The recent modification of law has not
the slightest tendency 10 facilitate the apprehension OF
political ugitivcs II operates exclusively upon tho crimes
thBt may be specified In treaties with foreign
nations Murder, the attempt TO murder forgery and
fraudulent bankruptcy are, believe the only subjects
oil treaty With France and they will continue be
Treason will remain, for the purposes Of exirad
top, venial act The new law relates solely 10 'fhe
admission in evidence OF judicial Official docrncns
copies OF documents II TINT warrants Of arrest
and copies OF dispositions shall 6e received authentic
IL the former spnrpor to be srnedn by Judge other
competent magistrate OF the foreign State and II the lat
ter rurport 70 b, certified under the hand Of such
judge magistrate, provided that In either the
signature OF the Judge magistrate shall be verified by
the Official seal OF tho Minister OF Justice Had this
statute been in operation when Lnminnde petL
toned for his release would have cut away tech
meal ground which the Canadian Judge disposed
TO grant the habeas corpus but would have left all the
been shown VI the satisfaction OF the court that evidence
such would justify hts commttai for trial In Canada
had ben produced against him. We need hardly add
that arbitrary usurpaton Of judicial functions by the
Govcrnor-0cncra any other authority, would have
been Just Illegal whether the Amendment act ia
force OF not Al the time cannot forget that IL
passed In difference 70 the representations OF FaIcc
and not rhoN warnings against The wnserpUtoas prGc
tees of he CJaincnoJ ire Is much to,be larnenied
fresh Significance should have been given these
warnings by tho awlcss recapare OF Lamaudc and
may hope that time will DO lost by the French gov.
eminent ia Tcpndslng 80 audacions m abuse Of or