The New York herald., 1876-09-14
merchants story OF tine yacht which brought the Boss
to Cuba would to favor its correc,ncsA

merchants story OF tine yacht which brought the Boss
to Cuba would to favor its correcincsA
Asye
SHERIFF coSNKR IS USAovIsEp
OF the arrest. Yesterday morning he stated that he
had received information from any whatever
soon the rumor gained way that the fugitive bad
been caught the Sheriff set about testing IT, He tee
graphed correspondent IN vi2o, but had yet re-
ceivcd from MIN. second telegram was
scrt to inquire why the nrst had been answered
Mr. Conner said that he, more than almost any other
man, was crested IN ascerarng the truh OF tho ro
port, but nothing definite had as ye, reached him
A. Oakley HALLS VIEWS on BxrsADTyos.
The questions arising upon the capture OF Mr.
Tweed have naturally revived interest the old ques.
uon--what are the rights of governments with each
other respecting ugi,vcs IN the absence OF treaty
stipualions- aud remen boring that the Whole matter
IN the spring OF ls64 iormcd the subject OF
tpondcnce between Governor Seymour aud MIR. A.
Oakley Hall, The District Attorney, on the Arguelas
matter, HERALD reporter was yesterday despatched
TO Mr. HalPs ohce 10 learn that gcntlemans views OF
tho whole subject
Mr. Hall stated IN TO the reporters !ntcrrog
atores. that Arauelms, having lied from Cuba the
charge OF appropriating to his own moneys IRON
The sales OF slaves was wanted by the Cuban author-
ties not only Tor punishment but for suBdry political
Mr. Secretary Seward requested United States
Marshal Robert Murray 10 arrest Arguelas and put
him on board Of Spanish ship lying In the harbor.
which dono by Murray and four of his deputies
bu, without process OF law or warrant ana simply
at tho request Of the Secretary.
Recorder Hoffman called the attention OF the Grand
Jury The occurrence, ana his letter TO that body Is
now ro In the office OF tho Court OF General scs-
sioas 1t resulted IN tho Grand Jury finding an intct
meet for kidnapping against United States Marshal
Murray and his associates ihe defendants employed
Clarence Seward counsel, and expressed themselves
ready Tor trial Tho case. however, never coun 90
tried because the man kidnapped could not be wit
ness and the element OF Tho crime is against the Will
consent and although there every moral evil
dencc that hc kidnapped, there was no proof Of
accessible. Judge Welcome r. Bocbe appeared as
Tor certain spanish complainants who
were friends OF Argueas. The casc, how
ever, resulted in an examination OF the
law by Recorder Holman and tho district attorney.
1t found the United States Supreme Court in
December, 1852, on tho occasion OF the arrest OF
Thomas Kane, alleged fugitive from Great Britain,
had lad down tho law that country Is open 20 all
men who wish 10 como 10 it. Mr. Ea read the au-
thority on the subject, as quoted IN the l4th of
Howard, ns tollcws:-"No question or demand of a
passport u'eots them at the border lie who fees
from crimes committed In other countries hEo all
others IS admitted nor can the common thci DO re-
claimed by any foreign Power To tins effect We have
no treaty. 1t also appeared that tho United States
supreme Court, In the OF Holmes VS. Jennison al
though equally divided in opinion on tho question
whether the Governor Of Vermont State officer
could surrender Canadian fugitive, agreed
that without treaty there was 40 authority in
the government to surrender him. IL also
appears from tho same case reported IN l4h Peters,
that the practice OF the government from tho early
days OF Its existence conforms e the opinion that tho
treaty making Power alone has authority TO decide
how tar the right o. foreign nation In respect to the
when It demands tho surrender of any one charged
with offence against It, Mr. Jefferson, when Secretary
OF State. wrote in letter to Mr. Comet tho Minister
to France The United States courts have thus over
ruled earlier decisions IN tho State OF New YORK,
that there Is any delivering up OF fugitves on
nero comfy by the law OF nations
without treaty, iur this country is con-
ccrncd. In an early in tins State, IN
the matter OF Clarke, reported IN 9th Wendell.
our State supreme Court had --"The matter OF
surrendcring ugl;ives from justice has usually been
arranged by treaty, but where treaty exists the
comfy Of nations requires that Offenders against the
laws of one nation shall not find sanctuary in
another" But that law is not the law OF tho United
States supreme Court, and even when fugitive from
France In lS47, named Mctzgcr came to this city,
charged with forgeres, although there was treaty
with France providing for his surrender the State Do
parment found tnat they could not execute the rcaty
without aiding act ol Congress- which was accord
ingly passed by OF this decision.
REpoRrER--Thcn II would seem to follow from this
that without treaty spain, " It delivers up Mr.
Tweed, can get nothing at any time in return.
Mr.. HhLI-No, unless there Is another case OF KID
mapping like Arguclas'.
RspoRrER-But II Spain chooses surrender Mr.
Tweed could no be retained herc?
Mr.. HALL can only answer that by stating that
In 1858. Buffalo, there WINS case OF prisoner iorc
bly, brought from canada TO tho line Of this state and
thero delivered the Suspension Bridge to Now
York constable Tho prisoners name wns William &.
Roe and his Is reported In 4th Parker. mo-
madc to discharge him or the ground OF tho
kidnapping but the Court held that II would not in
qure low the offender got within ts Jurisdiction but
being present IN court II would Try him.