New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-25
SILK-SMUGGLING FRAUDS.
QUESTIONS INVOLVED IN THE TRIAL OF
LAWRENCE.


ONLY BE TRIED FOR PORGERY-pkCisloN OF
JUDGE BRNEDIcT IN A SIMILAR CASE
In the proceedings against Charles L.. Law
rpce tine President as already reported has directed
United states Bliss to suspend action
uppu the indictment for smuggling, Lawrence having
been extradted for forgery, until the soicitorGenera
reports whether not the prisoner can be tried for
the former alleged crime. f. W. Stoughtons argument
upon which this order said TO have been founded d
vested of its legal verbiage, is as follows:
BY the treaty Of August 1912. between Great Britain
and the United States II was agreed that they woud
persons who being charged with murder or assault win
intent to commit II or piracy or arson on
within the jurisdiction OF either, should seek an asylum
be found within the territories OF the 1thef ms h
force OF the Constitution OF the United states required
Tor the purpose OF It's pcc ' and in Great
could only be executed by means OF an ae or acts
of Parliament Is Peters's Report, 734. do, 3l4J
Although the Constitution declares that treaties shah
be the supreme law Of the land has been heiu h
satue OF the United States. which is in plain contradic
ton clearly inconsistent with the terms of treaty is
nevertheless binding and must 10y our courts De e1e
be bound TO give equal force TO an act OF Parliament II IN
eontTavention of treaty stipulation Hence. II 1t should
appear that Great Britain had in providing by act OF
Parliament for the execution OF the Treaty OF lel2,
enacted provisions inconsistent WITH or IN hosuty 10
Of its stipuiatOns, our Government. II u
claimed the execution of the treaty under and ny force
OF the provisions of such act would pe bound oy tne @
and modified by the act make these suggestions only
ton upon the pulatons Of treaty and not the
LEGISLATION OF Great Britain Is IN any sense hoSoe " TIC
BY the terms OF that treaty surrender was only TO be
made of persons charged with certain heinous crimes
the understanding OF these two Powers that neither
should obtain surrender Of persons 80 charged for the
purpose Of trying them for other than eXtIadon Crimes
for Oense except that for which the warrant OF
exTaditon should issue IL is true the treaty does net
In terms declare but as great nations shoud not ss
Reet saen o s o. oe 70 az G t S hey did
mot eV
obtain surrender OF persons upon one charge gr the
fraudulent purpose Of Furnishing them for other oHehss
perhaps for those for which no surrender could
be demanded pom so pam lou it@s
have attended the courts Of New-YOrk from
Connecticut, and while so attending have been
served with process at the suit OF one not party 10 the
suit In which the witness appeared the court mas never
theess held that no jurisdiction could he obtained ny
means of such a proceeding % Governs hepor,s' o51j
With how much greater force does the rule apply when
the process served at the suit of the very party or per
son who procures the attendance OF ule LIelsn Nitn
intending by OF such device to acquire Jurisdiction
over the person for other purposes Courts OF Justice uo
not permit her process ana oWcrs 10 DC tls ~
Bor VIII great be guilty Of more fagrant II
not meaner o'nse, by permitting MS suDorlnazs 10
abuse privilege accorded by treaty for one purpose, Dy
cunningiy and oppresslvely peryertnS II to anoher
In Illustration OF these views ask attention 10 some
remarks on tins subject to be found IN S|hart on o
nal Law. seventh edition, section 1865, q: The sole
jet of eXadtOn Is 10 secure the presence OF Iuf
tive the demanding State for the purpose Of trying him
for specified crime The process Is not to be nsed or
prosecutions other than that sfeehed in the demand
Provisions guaranteeing 10 the fugitive the right to leave
which he is surrendered in Of aequittal or IN case
of conviction after his endurance OF the punishment are
be made the subject OF executive pledge II as an abuse
of this high and an infringement OF the rght of
asylum which the law OF nations rightly Sanctions 10
pervert the charge Of onse for which eAtraditiOn
lies he used Oense for which eXtradtlon
lie, which il is not considered polite to IN
call attention to the in hand: Charles l.
Lawrence, subject OF Great Britain, but subse-
queny naturzcd citizen of the United states having
departed for England from Canada, was demanded u
der the treaty OF ls42 upon charge OF having forged
certain papers and after hearing IN London ne was
committed by the magistrate upon the ground that he
had forged within the southern District Of YORK
BOND for the return Collector OF New York of certain
merchandise purporlng have been executed by one
r. l. Bdndna and Of having also forged or wrongfuiiy
signed his name the CustOn-house OF NewYork 10 an
eath Of entry Of the merchandise so TO DC retrne pom
these charges, and these only Lawrence was srTendeeu
and upon hs arrival in the steamer scythia he was ar
rested on three bench Warrants ISSUED Out OF inc CnG
Court Of the United states, upon three several lndc
and for smuggling and conspiracy neither being
founded upon the charges for which he was extradlted
committed before his departure for Great Britain
After thes. tine United states srictAuorney
for that district informed the counsel for Lawrence that
be I'D know what charges or fog what ofenses
ard he informed that the detective had neyerre
ceivcd from the British Government or any OF IT'S ohcers
anv warrant or paper stating oGenses which ex
tradition had been ordered. any paper warrant OF
KIND authorizing the taking OF Lawrence 70 I'M econ
try And Mooney, the detective on being apIld 10 ana
questioned ny counsel for Lawrence utterly declined
TO under by virtue OF what paper or warrant ne
had received him from the BRUSH antnorltles ana
brought him the United States or whether he had ever
received such warrant; the ohy
that Mooney would make being that Such ppes as ne
had in his possession he had delivered to The DsulctAt
decent respect for the honor of Government and
people should lead to the selection of men for service
like that performed by Mooney above the grade OF low,
clubbing detcciyes and proper regaf IOr inc ighis
citizens ana Of public duty should prevent oicias
from seeking conceal by collision or other unworthy
cycs the charges upon which the surrender of persons
under d solemn treaty had been obtained such efforts
they nave secured that; for 1t not only clearly APP
pears from the papers now submitted lOr "hal Onehses
that he under arrest for Others but that the pu
nose OF the AtOrney is to try him for these, and
especaly upon charge not comprised III the treaty
thai of conspiracy and smuggling .-,,,-,
Ee charge upon which Lawrence surrendered were
exclusively act OF Parliament passed IN 1870
HE ony act relating to the subject except of 1873
al prior having been repealed BY this act OF 1870
IL pressy declared that fugitive criminal snail not
he surrendered 10 foreign state unless provision is made
by OF that state, by arrangement that such
criminal shall not until he has been restored or had An
opportunity of returning 70 Her Maiestys domnons, be
detained or tried in foreign state for any Oiient
committed prlor s surrender other than the extadr
render is grounded 1t cannot be urged that
this act is in the least degree Inconsistent with
the terms OF the treaty or does more or es IMAM 20 de
clare and express true intent and meaning But were
this otherwise, TIE act VOid on prhepss Wen s.eu
In our courts. control III so II as II coicteu Hdtn e
treaty however there is not only no conflict or
want OF harmony between inc Two, eV gu
by taxing proceedings under the ct Tor the extduoh
81 Lawrence. expressly adopted and asSened 10 It's pro
visions received hin subject thereto and under the
most solemn obligation of duty 10 inc bIiusn 1uNern
ment and Lawrence TO hold him IN accordance there
with, nor can DOuc Ol IttSnlhu- VI "
resorted TO which Will justify our Government in holding
or prosecuting him FOR any Ofense other than those on
prOOf of which he was surrendered
To mind Of ordinary intelligence and fairness il seems
suhcent suggest that IL could not have been the III
eutOu either party the treaty In question 10 make
the ground Of surrender mere pretext for obtaining
possessiOn of the person demanded that he might upon
being surrendered be tried for any Otense political or
otherwise pleasure Of the party making the de-
nand The act OF Parliament Of 1870, Section 10, ex-
pressy prohibits such trial OF person surrendered
on demand Of the British Government, and by statute
of the United states OF March 1863 l5th statutes at
Iargp page 337. L. :. Rev. Stat, Section 5,275 II is
made the duty OF the President take all necessary
measures the transportation and safe-keeplng OF
Lawrence and for hs security against awless violence,
until the final conclusion OF his trial for the crimes and