New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-31
THE COURTS.
INpIcTMENTs FOR sMIJGGIING.

EFFORT TO SAVE LAWRENCE FROM TRIAL FoR
MuGGIIyG-ARGUMENT OF DIsTRICI-ArTogNEY
BLISS.
In the United States Circuit Court on Satur-
day the Grand Jury presented IL indictments
against Charles L. Lawrence, and Is In which he In
Jointly indicted with Deputy Collector Col Robert Des
Anges and others. These Is indictments charge
conspiracy to deraud the by forgery and by
smuggling silks through the Appraisers Office at
under valuation. Should the Of the alleged con-
derates OF Lawrence and Des Auges and the specific
crimes with which they charged be published
| to-day, 1t Ia claimed that the ends OF Justice
might be defeated. United States Dissatisfaction
| ney Bliss has, therefore, decided 10 sup
press present The Il indictments against
Lawrence individually charge that he has forged to saths
Of entry and importers bonds the signatures Of g. Hess,
II. b. Turner d. Banberger, +. l. Blending, W II.
Mapes, L Marks j. s. Warner Co., J. +. Paulson, and
J. p Nichols. The alleged forgeres begun early In
1872, continued down TO the early part OF the
present year. and the goods Struggled by 81 them
principally silks Each Of the II indictments con-
ins two counts which. independ ntly Of the Is Joint
indictments, makes 81 charges Of forgery against Law
renee alone.
The ease of Lawrence IL exciting great deal Of a;ten
ton among tho4e who look H. in the HIGHT Of mere
legal echniealies but from moral and equitable point
OF view The theory, ii is said that because Lawrence
exradted for forgery, he should not be tried for
smuggling. is very dangerous to advocate and. IL
put in practice and adopted as precedent, would
work incalculable mischief Suppose. il is argued by
many, man is extradited for arson, and it is subse
qnently discovered that has committed MURDER is the
fact that is the only crime mentioned in the war
Of extradton good why he should not be
tried for murteri
T. w stOugnton Of the counsel for Lawrence, sub
mitted the President about ten DAYS memorial
asking that United States discretionary Bliss might
instructed Try Lawrence for the crime OF forgery
at all The main point Of the memorial was that, as
Lawrence had been exradted for that crime alone Mr.
Bliss could not legally outside Of II md try Lawrence
for smuggling. As prior 10 his appointment, Attorney
General Perrepont had acted counsel for Lawrence,
he declined to have anything TO do with the matter and
the President referred it TO sOlicitor-General s F.
Phillips who has received Mr.. Bliss reply to Mr.
stouehton's memorial and the following the main
points Of it
! Lawrence has standing, either in court or out Of
court 70 make any claim rs to tle crime Tor when ne
shall he put trial question W this nature can only
by law and its own practice and deliberate declarations
from doing So The utmost claims of international and
on the par cuar charge which he extradited.
and whether convicted or acGuiited, he may he thrn
by criminal TO protect him from trial and pm
Is not So proterfed some slight Will be put upon foreign
government The treaty Of 1912 MINES forgery a. one
had INC Unlike f'S some ne Of the later treaties, it
! contains provision limiting the ula amer
exti1diton the for which extTadon Is bad Ia
passing II may observed that the mere fact that In
other such provision Inserted goes ilr to
cimcd by the prisoners counsel; can he Inferred 10
mas peen d'S E I Sst hs Sc nobing 70 do win
question whether extradted prisoner can he
them thew proeeed 70 try him on any charge presented
by the prosecuting officer Indeed the mere fact OF ts
acIt adm ssion that the question II not one 10 he raised
in In practice, under the treaty With Great
Britain neither government has considered thaf thce
any limitation after cr7dItion. AMI both govern
silently ssented to the trla o. Es"n r. Inr
.fl.a ftttUf
1t mas expressly decided by the highest ccjrt in
Canada that "A may be TIED convicted ana pnin >et
or a different tian that for winch he extra
dItrd. TINS was 80 eld IN Paxios clse wnch Is Iu.ly
stated IN Clark ON ExTdiuon, second edor, page IS
Paxton extraditcd charge Of forgery lie was
nut trial altering forged prumissory note lie
nevertheless uied aud conyictd ana me Court OF
Appeal held the conviction good M Clarke correctly
observes m 100 tnai though the crime actually CHARGED
within the treaty, the Judgment estipnsLes 'ia,
there is nothing i'll the Law OF Canada TO prevent tue
conrfs from tryng surrendered prisoner for crime
other than Iat for which his extrtdiuon was grant "a
A similar view taken in the case OF Won Aerilam
The French courts after some difference oi opinion nave
setIed down To me vac" LIZ n'' ''2 ,,. :. o,i
ciis other than thosr on which lie was ext adl'e a
argument therefore, OF Lswrences counsel mat good
ait TO The surCnerBG state forDds the ai Of an tx
ridlted fugitive upon any charge except the precise one
-h. Of the pracic and docid cases Nor LIn u" are
that Great Britain has retained either Lawrence or his
counsel protect her honor, and am sure Tue United
states has not nlrustcd her interests ~ lHglte c-
nal his counsel. Not only however have England
Canada France, aud the United states all 10y rxr's de-
in the cus, by tier own practice ana ny urt
sij.nr, Recognized tis fact nat
lIly be JIed only upon the precise charge Gp0u winch ne
was exuaded but the Brt-h veInincnt has deIiOe-
Int il seems 20 be claimed that in spite Of these decs
ions and governmental practice, the position is
Changed by the iot ta III 1870, long subs qes 10 te
extradO treaty, there passed IN Grea Britain the
se-caled Extra,iiion of 1870" That act provides
q fuglllVe criminal shall Lot nc surrendered 10
foreign SAT- provision is made by the law III that
State or ny alrtieee,, tudt ,, ei',n g 81 r
not until lac hae been restored OF ma an opportunity VI re-
turning Her Majesty n domntOns he detained OF uea
IN ms t ,SrftTn of iG than th crime proved by
the facts on which the surrender Is grnund''d'
tn AL N : a
British Parliament Which can only Affect British officers
and british Government IL the latter SUR elrIs
prisoner III violation OF its provisions without any law
or arran cncn1 t" the charges Oh which he IL 10 Dc
Jried The English Law cannot be SET up here 10 mint inc
crnIe for when lie s tried The OF Parliament
eannot the OF tine United states, Affect
or abrogaJe III any respect the treaty between Great
britain and the United states OF 1872 Tie obg ton
On the part Of England ~ surrender If absolute;
pose conditions upon the performance OF her treaty
obligations without the cons'nt Oh The United siaes-
The English Parliament recognized the laet that IN tx
isl az treaty obligation could not De changed py inert
act OF Parliament anu t1eiel9re me hnsisn t; 1
Of 1870 was declared not 10 lhteiere WIN
treaties. The British Government having delivered up
~ 10 tue crime Tor ch lfe should tried surely
he considered accepting the decision Oh Inc N4.it
upun the United States upon fugitive CRIMINALS sur
rendered upon its demand, except IN matters Oh mere
! procedure IN England - -
IL is submitted therefore that IL is shown First That
the treaty with Great Britain c"ntns no expires limit
ton AS Tor which man may ne tired after
Second: That in practice, Great Britain Canada, aLd
this country have found advisable UIed eGrii.ed
crlnluas for ofe1ses other winch eXtIad
ton had.
THIRD That the Government ~ Great Britain, under
the advice officers, has deliberately accepted
line view that the country which receives an cXadited
criminal may Try him Ofcnscs dDtccealenty commit
ted OneI that for which he was eXraditcd even
though the Onensc Was one for whlch extfiuon eoun
NOT nave been had The only Limitation suggested ~
must nrst be, in good faith pun On 'rai Tor the
| oiense for which ne was eXtridIted.
f0urL.: That British E4tTadigOn act OF 1870 can
moi and IN not intended have any application To
cas- arAug under the treaty Of lo42, save al mere pro
cedure to attain the end stipulated for III that treaty
| Fun. That IN no could the British Government
demand such an order the counsel OF Lawrence a.As
| the President o make without such demand
therpfure submit the President shOud be