The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1880-10-08
| CONCLUDED FROM LAST WEEK.

for at this juncture and while this cautious and
friendly correspondence was going op, commit
ting the United States to direct interest and
action in the welfare and freedom OF the eleven
ihundred captured negroes, Captain-geuera
IDulce discovered bis hitherto honored and
trusted lieutenant had played him nefarious
trick Characteristic OF slave-traders. In truth,
he had delivered over to DuIce eleven hundred
and five, but yet not all of the negroes he had
captured. One hundred and forty-one of the
number he reported to have died OF tlfe small
lpox, and that he burned the bodies to prevent
contagion, while IN fact he had sold them alive
and sound into slavery. The curate OF Colon
and other local authorities had connived at the
fraud, III order to afford the legal proof requir-
ed, by making new registry ia which these
supposed deaths were inserted, and which was
substituted for the old register, the latter Ar
guees carrying away, probably for revlvifying
reading on such stormy and ghostly evenings
as kept him off Broadway. These one hundred
and forty-one negroes had yielded HIM on sale
frem S7O0 to $3.50 each. HIS anxiety for
twenty days leave Of absence and TO purchase
the La Cronicd become very natural after the
completion of this piratical transaction. Ey
the good nature and confidence Of his chief he
had been able to place bis person ard i'll gotten
gains within the jurisdiction of a nation with
which no treaty of extradition existed, where
he believed himself to be secure.
Not so with the accommodating curate OF
Colon and bis partners in crime. They were
arrested, convicted, and condemned for their
offences, and set at work in the chain-gapg
mild enough punishment surely for falsifyiug
public records in order to enslaye men. But
Judge Navarro, Commissioner of the Superior
Court Of the Island which had exclusive juris
dction OF such cases, required the presena
ton OF Arguelles before the court, not only
for his merited punishment but for the prompt
Liberation of his one hundred and forty-one
hspless victims. Indeed, it appeared to he
very difficult, and at all events would require
long time to attain the latter object without his
return 10 Cuba.
AS before stated, there was no treaty exist
ing between Spain aud the | nited States pro-
viding for the extradition OF fugitives from
justice, and there was no statute empowering
the Executive generally to surrender such per-
sons.
Don Jose manifested not the slightest Dig
position to return voluntarily to Cuba aud face
his accusers, or identify the unfortunate ne
grocs. He preferred to remain in New York
and spend the money, OF which he had plenty.
the price OF their bone and muscle, TO estab
fishing his innocence before Judge Navarro
But the antslave vetrade spirit had been thor
oughly aroused. not only in the state Offices of
Great Britain and OF the United States, but
also in the breast OF General Dulce, who de-
nounced Arguelles as worse than thief, worse
than 8 highwayman, a scoundrel who took ad
vantage OF his position as local authority to
steal with little risk 10 himself. Beyond d
doubt it was the duty OF Argueles, as Lieuten-
ant of Colon, TO capture the slave expedition.
and to surrender to the captsin-e eeneral all the
negroes composing it. He discharged the first
part and it served as cover, enabling him to
work the sklIfully executed roguerv in the lat
tel part Of bis duty and sell one hundred aud
forty-one OF the captured negroes into slavery
aud pocket the proceeds, a fact established by
abundant testimony. Now he was dsportIng
himself on his ll-gotten money in country
that declared by its statutes his act to be pira
cy, but which could not punish him therefor
and which he supposed was powerless to ren-
der him into the hands of the officers OF his
own country. there to be tried and punished as
lie richly deserved. He could lie returned to
Cuba involuntarily only by the aid OF the EI-
ecutive arm of the United States, and this arm
he confidently believed could not be raised
against him.
To this power nevertheless the indignant
Duce appealed, and asked on the grounds Of
national comfy that the United States should
deliver up to him this fugitive from justice.
fugitive for crimes recognized and declared by
its laws to be against mankind, IN order that
lie might not only be properly punished but
that his victims might be identified and restor-
ed to liberty. This request raised an import
ant and delicate question of international law,
although our government acted with great
promptness and good judgment.
Prior to 1s42 no extradition treaty existed
between the United States and other nations.
Some OF the States practiced the rendition of
criminals on requistion made upon the Gov
ernor. And while this was conceded TO be right
between the States themselves, it was ques-
toned as between the States and foreign powers.
No community desires to become safe asylum
for all sorts of criminals from all countries
near or distant; but 1t was contended that the
Constitution conferred the power Of extrad-
ton of fugitives from justice from foreign
States exclusively upon the President. Some
of the Presidents had declined to return such
| fugitiyes, ard others had directed their rendi-
ton. In 1888 reques: for tue rendition oil
! fugitive from justice having been made upon
President Adams, he directed an examination
into the alleged crime before the Judge OF the
Circuit Court of the District OF South Carolina
ID which the fugitive was found, and IL the
evidence proved a sufficient cause, to deliver
him over to the British Government. which
preferred the requisltiou. The doctrine geuer-
ally accepted to be correct IN America as gov
erning this matter is thus stated by Chancel-
or Kent in his " Commentaries on Ameaican
Law"
| - IL is declared Inv some of the most d,sti,