The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-06
THE ACT OF CONGRESS OF 1918.
General Schsnck To Be Ezonsratsd from Fraud
and Convicted Of Improperly.
N-GoTRRIoR WISE on TIE PRESIDENTIAL QUESTION.
The President Of The Union Pacific On The Sinking
Fund Of The Road
FROM OUR REGULAR CORRESPONDENT.

FROM OUR REGULAR cORREsPoN DENT.
wAsmxGrox. May Z. 1874
OUR ExrRADITIoN TREATY WITH ENGLAND
THE TRUE INTENT AND MEANING OF THE ACT
OF CONGRESS- OF 1848 AS SHOWN EY TIE
DEBATE PRECEDING ITS PAssAGE-wHEREIN
IT DIFFERS FROM THE ACT OF PARLIAMENT
ON THIS SUBJECT.
The statement made by parties in Washington that
the Revised Statutes contain law passed In ls48 In
tended define and limit the conditions under which
fugitive from England could be extradited is sup
posed to have been inspired by British influences here
with to multiplying the argument OF Mr. Fish that
she act OF Parliament Of 1870 was at best post aco
and could apply the Ashburton treaty In short
Il was said that the English act OF 1870
was only an application and repetition Of
our law OF 1s4S. The law OF 1S4s, referred
TO in this charge, simply makes It lawful
Tor the Secretary of State under his hand aud seal Of
sioe to order the person committed to DO delivered
10 such person shall be authorized in the and
on behalf Of such foreign government to be trod for
thc crimc OF which such person shall be accused
and such person shall be delivered accordingly" Tho
sting Is alleged lie In the tall Of this short para
graph but the assertion that the foreign government
intended 10 DO bound 10 try the extraded person
for the crtsa, Which he was originally accused and
no other is bo~e out neither by the wording OF tho
law the given in the debate in Congress in
ls4s for the passage Of the law, nor by tho prac-
tice under IT, On the contrary, the pages
OF the Congresaonal Globe of that year
show that the law was enacted in order
10 assist the operation Of the Extraction treaty and
not to obstruct 1t or load it with conditions. The
terms OF the treaty did not specify what authority.
judicial executive should make the act OF surrender
Of the fugitive and at first proposed TO this
power in our judges down TO as Insignificant an oca
n Justice Of the Peace. But in the amendment Of
tho BILL in its discussion by both houses Of Congress
this power eventually delegated TO the Secretary
Of State. Tho assertion that It meant TO restrict
the trial of the surrendered person In foreign court
to the for which his cxtradition asked IL
also disproved by the language OF tho debate
Turning 10 the proceedings Of the House or
Representatives on the 23d of June, lS48, We
md that Mr.. J. r. Ingersol from the Committee on
the Judiciary reported "A bill for giving full effect to
treaties of extradition" The bill read first and
second time, whcn-and tho exact language OF the
Congressional Globe is quoted-"Mr. Ingersol
asked the indulgence Of the House Tor few moments
while he stated the object Of this BILL and then he
hoped would be the pleasure OF the House to nut IL
upon Its passage. It was known to the House
that b. treaty stpulations made with more
than government OF Europe We were
sound to deliver up fugitves who had fled from
Justice the commission of crime. Cases were
hmu;as 70 everybody which showed that IL
nry TO enlarge the facilities to comply with obiga
aons II oftcn happened that an individual came
to this country where the crime obvious
and the application for the fugitive regular but there
such officers in the part OF the country where
tho fugitive was found as were authorized will
Ing take themselves the burden and weighty
ypons,by OF issuing warrant to arrest and TO take
he preliminary proceedings toward handing over the
Individual to the properly authorized officer. Tho OBJ
kct Of this bill was to appoint officers and to authorize
shers carry out the provisions Of the treaties with
France and England at all times without delay and the
danger of denial OF justice. 1t provided for tho ap
pontmen Of commissioners authorized the courts OF
the United States to appoint commissioners to take the
preliminary steps and to procure tho authority of the
Secretary or whom the treaties give authority
deliver up fugtivcs to foreign countries for the
accomplishment Of the desired object II the House
would pass this bill It would be to the government
matter OF eradication The Secretary Of State do
sired 1t TO pass He (he speaker) had just had cor
respondence with the Charge Of the Briish Government
the subject and he desired 1t to pas, and by Canada
and Franco the passage Of this bill would be looked
upon an act OF great rropriety."
The bill then read the third time and passed
Going 10 the Senate 1t was amended and back to
She House. which committee OF conference debcratcd,
upon it and reported tho bill 10 both houses, and
then passed finally tho shape in which stands
the Revised Statutes
SMvER cURRTNcY-PRosPEcTs FOB THE PAS
SAGE OF MIR. saosTs JOINT RESOLUTION.
Mr. Frost's joint resouti.a for issue OF silver In
return for grecnbacks will be renewed on Monday
morning, and according to his assurances he states,
Il will be carried by two-thrds vote. II has been
made evident that this win DO measure OF greatly
CURED relief there has been within the few
days past painful impossbility to change nvc-doar
no O. Unless the bill contemplated by Mr.. Frost shall
pass Immediately there win be a dearth Of fractional
currency her.. and failure also the accommodation
Of silver promised by The Treasury Department under
she law directing the issue Of SILVER coin.
xx-GovERNoa WAX ON THE NOMINATION AT
ST. IoUIs--oESERAL HANCOCK HIS FAVOR
IrE-HIs ANTAGONISTS TO THE CONSERVE
TIVE PARTY OF vIRGISIA
Ex-Governor Wise, OF Virginia, In . conversation with
some gentlemen here about the democratic candidacy
Tor President said taat II the Northern would
nominate General Hancock he would support him. He
sald also that Hancock's would give great
strength to the ticket, and he thought he could be
elected He spoke very a,tsrnsy Of his papers while
no was military Governor Of Texas under reconstruc
tion. Mr.. Wise avowcd himself as being uncompromis
ngly for the straight doctrine OF the old demo-
cratic party and passed severe structures on
the liberal republican and conservative parties which
he characterized being cnttled to no consideration
they composed OF every nondescript element
sort Of old podrida
Mr.. Wise, though cnjceblcd by age and recent Sc
vers attack Of sickness, has still left much Of bis old
Ore, was evidenced in the telling manner in which
he conducted his argument behalf OF Mr. Plait Ito
for HIS home at once but remarked that f such
man General Hancock should DO put the held Tor
President he would take The stump and, II ncccs
ury, light for him. lie cntcrains an uncompromisng
hostility toward the conservative party or Virginia
He s,igmstizcd them as having out-scalawaaged tho
scaliawags aud outcarpet bagged the carpct-baggcr
GENERAL WASHINGTON DISPATCHES.
WASHINGTON, May s, 1875