New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-09-19
THE CASE OF THE SWEDISH SAILORS

In tho IInitad States District Court the Of the
crew Of the ship India yesterday before beH
Mr. pa Costa rs counsel for the Swedish Consul appeared
and stated that Of courtesy and protesting against
IT, be had behalf OF the King Of Sweden come mere NO
papers but the bare order 10 show cause.
Mr. Edwin James read the petition for the habeas cor
nus se,tiur forth the detention OF the sailors and claiming
that their detention was without authority on law Inc points
taken nv Mr. james first that there was no treaty
authorizing such proceeding under the circumstance The
certificate which the Commissioner had acted was one o
manoua conduct and FOR deseron He bad been pre-
on the hearing before the Commissioner to soy cruel
and treatment by the officers OF tho vessel Without
discussing In the place. whether there was power IN
the United States without legislative sanction TO detain and
mprson men, and merely discuss the treaty itself hem
nsa s seow baa sWsys guarded most jealousy tie right
Individuals against this right Of e1radltlon ihey pro
ss & on from section H. There was no case Of deser
ton here He then read section Ia which PROVIDES Tor
su affiliations differences between the sailors and officers
OF tho vessel without tile interference OF the local authorities
He oonended that this word differences did not apply TO OIL
lenses Possibly the matter might have been within his nrs
J,eon had the whole matter remained board ship but II
expressly provided that II should be without the inter
ference local authorities The Consul could not apply 70
ask the Federal courts TO imprson extIadte
der that The only case where the exrauuon apPned was
unS 5S9SS a S 'i s.ndeS q py solely
the h section OF the treaty he had already handed 70 the
Court eerca,e that the treaty Of ls was SUI 10 ioree
and he should claim that under this treaty and under the
sci Of Congress- 1916 they had been correct in the action
taken. .. - -, - =, d,
on board ship the power TO make decisions TO decree
and send the back ne had to
can on the oc authorities aid him IN mprsOnng extra
dng the sailors without examination Such thing had
boen eaionsly Guarded against nv Legislatures MI James
read various Of the treaty In support Of the view that
the United Stacs authorities eoad only ac in cases Of deso
lion He read the act 1879 show that the United states
Authorities eond be called except IN thc case Of
desertioD in which the persons were TO be ,1G@as
This was what they asking in this case Ihe United
States courts should not inpfon without aHaminaion
These men were prepared to that much a.
their lives worth back In that ship He argued
further that Of 1915 that copfrs the POWER 10 comm
deoson Judgment ARBITRATION OF the
ConsuIs, supplied only 10 civil matters
ftnpfison them TN they performed tht
award showed that hCse power ofextradon. Were
they u prison here until they were tried In Sweden
What was the award arbitration Judgment which these
prisoners PERFORM lie claimed that this was meTe,
civil In Of deSerion and IN ever cas
of extradton United States esiOls for the liberty OF th
subject slwnys demanded examination and prof 1.-THE cas-
against the prisoner He further argued that the treaty powe
dd not without legislative aid ava 10 give. and that no act o
had conferred the tho officers Of The Gov
surroader prisoner quoting on that head seTen
..
Mr. Da Costa Teped The edish shp Indian while ylnl
in this port had certain board who guilty OF reBs
ing perform duties ard 81 mutinOns conduct O
the complaint Of the captain the Consul held board OF ID
vessel Consular Court rendered his deoson t1ero on III
differences between the captain and and having decide
that should be taken back 10 Sweden requested the AID
the Commissioner 0ut his decision The counsel BE-
fore The bad taken tho point which sustained
Mr. DA CQn thep procsfded 10 thst this case cam
18th section OF the treaty and 1885
and that the rule had been 20 held foi some time
The Cont took the papers and reserved I've asels'"