The New York herald., 1866-09-19
UNITED STATES DISTRICT COURT.
The Case Of the Sailors Of the Swedish ShiI
Indfcn.
Before Judge Betts

The Case Of the Sailors of the Swedish Ship
Indicn.
Before Judge Beta
SEPT ls-Argument In support OF the motion for a
writ OF habeas corpus TO release from Jail six Swedish
seaen held under the treaty between this government
and the government Of Sweden and Norway, heard
this morning before Judge Belts.
Mr.. Edwin James in support OF the motion contended
that the Swedish Consul had right under the treaty
the United States demand the custody and extradon
Of these There nothing in the circumstances
justify the Consul 70 invoke tho federal authority 70
these II only in Of dessrtion that
this authority could be invoked and not only deser
on not charged against the but counsel for the swed
sh government expressly repudiaed tho charge Of do
seriion. The whole proceedings taken upon the
certificate oy rcqusition OF the Consul TO the United
States Commissioner who had issued the warrant for
their arrest and which merely set forth that hcy had
refused work. and had exhibited mutinous conduct
ward tho captain and officers Of the vessel Mr. James
contonded and cited the provisions OF the treaty with
Sweden and Of the treaties with other foreign
in support OF his argument that il only charge
OF desertion that these cou be arrested after
their arrest and before imprson ment they must have
examination. Tho United States government has ex-
pressy and eaousy guarded itself against these pro-
ceedings the part Of foreign oonsus and provided
that one who had once set foot upon her free soil
should be exradited without some special accusation
having been distinctly proved against him Tho charge
against the in this question Of discipline
board the ship 10 which they belonged, and
matter 10 be dealt with and punished only on board
and not offence which required the Consul 70 In
woke the aid or Interference OF the federal authorities
called when offence Is committed under tho four
tecnth article OF tho treaty and that is in the Of
dcseron, and there the party charged has the right Of
examination and the party charged can prove that
no s in bodily fear by going board prove that he
has already been cruelty treated and that Ia the
position Of the men In this case They want 10 show the
indcon upon thcm Of inbuman outraees board that
vesse that is as much - their lives worth TO
tnre back her This is their with tho exception
that they have not been heard In their defence,
which laws expressly provide for; then the party
shall be discharged his current and three months
wages for the time he might have had properly
added thereto and paid. Mr. James continued 10
argue that nasmuch as counsel for the Swedish
did not proceed under the fourteenth article
OF the treaty which applied u deserton only, and the
only article which could justify the interference OF the
and counsel proceeded under the thirteenth article OF
tho treaty providing for the holding Of consular courts
and for punishment OF offences board ship the dcten
tion Of these for exadtion Illegal and repug.
nant TO the act OF Congress confirming treaties with
foreign Powers as u was repugnan 70 the free insttu
tions OF the country. Tho thirteenth article, under
which the Consul had acted premInarly, provides for
the holding OF consular court 10 decide differences,
civil and pecuniary differences arising between the cap
tain OF the vessel belonging to the nation whose interests
were committed to bis charge, his officers and In
muRous conduct and the Consul decides and punishcs
That on the face o H. rs an er prre proceeding But
the Consul chose TO act upon that report touching the
TO Swedish law and under tho provisions OF the
treaty TO imprson the men in their ship, and
taken them back, without invoking the authority Of
the federal government, the question would
he nj an end But these men In prison, In q CON-
jail Of the United states without examination n and
70 be extraded without offence bel ng proved
aganst them In violation Of every statute passed. In
tradition treaty Counsel admitted the rTh OF the Con-
sui TO hold his own courtto decide differences hoard
ship In the consular ONCE; he granted the right
under the law Of lS<o OF deciding civil differences But
this a much important question; and A u did
not affect the treaty did not affect the rights OF consus
at this port he hoped the spirit Of the treaty would be
carried out He would say to tho foreign consus here
decide your matters keep within the articles Of your
treaties decide your civil differences board your own
ships decide breaches Of discipline mprson your
board your own vessels take them back 70 your
own governmental but do not bring yourselves into
collision with this government by asking II to arrest
men on grounds which, beyond All Question are not
i've governments But " they do hare aud say we
demand that these men be arrested and that they he
held by this government and extradtsd he submitted
they bring themselves strictly within the category
Of the treaty. within the statute Of 1922 and within tho
policy Of the American law, which has been jesously
maintained every statute OF exradition that they
must prove that OFFENCE has been committed TO tho
satsacton OF the court before they ask for the mprs
cnnsnt and es,radson OF any s'an under treaties with
MT Ia Costa on ths part Of the Swedish Consul, re
Piled and explained the cause Of arrest and the subsc-
qucnt legality Of the Imprisonment Of the In ques-
ton. The captain had charged them with specific
breach OF discipline In refusing to perform duty and
alleged mutinous conduct towards the captain and his
officers Tee Consul In pursuance OF the statute and
of the treaty between his government and this, held
consular court and adjudged that tho men
had been guilty the oence charged aud IN pursuance
Of that decision he had addressed a reqaisition 20 q
United States Commissioner for a warrant for their
arrest aud safe custody TIL they were sent back 10
Sweden Tho treaty under which he acted was not an
ertradton treaty but . treaty OF peace and amny
between sweden and this country, the treaty OF 1921
They did not claim the men desertcrs they claimed
under the thirteenth section, whh provides that tho
Consul shall have The right TO ait and judge arbtra.
tor IN differences hat arise the captain and
be ohcers and crow He having decided that the
were guilty OF certain onecce and should bs returned
to their own country he 10 carry that decision into
effect, makes rsquson on this government that the
men shall be kept IN prison ul he send them back
Under these circumstances he convinced HE Honor
voud dsmiss the motion 10 issus Q writ Of habeas
ccxpus
ss' 81 s.'. ,oes the gsg. = he rs..s,ss b.