The New York herald. [volume], May 09, 1876, Page 4, Image 4

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

Image provided by: Library of Congress, Washington, DC

                
EXTRADITION.
The Note of Secretary Fish, of .March
31, on the Winslow Case.
DETAILS OF THE LAWRENCE CASE.
Can the Terms of a Solemn Treaty Be Changed by
Legislative Enactment ?
A NEW CLAIM BY GREAT BRITAIN.
"Winslow's Surrender Demanded
Without Conditions.
Wahhisutov, May 8, 1876.
The following U the letter of Secretary FUU IntU?
"Wiu.-luw extradition ca*e, which our Charge d'Altaires
?t London was directed to present to the attention of
Lord Derby. The reply ot the Brltlnh Minister has not
yet been received:?
[Xo. s?!4. ]
9i?rcu ui, I9i0. )
Wu-kuax HOFFMAN, K?q., &C., .Vc
MK?Kclerring to previous correspondence tu refer
ence U? the cxtradittou or H'iusIow. in custody in l.ou
dou, I tiuvu now to acknowledge the receipt of yours,
Wo. M, under date ot March 10, enclosing a nolo ad
dressed to you hy l.oril Dei by. of Match 8, unci your to
ply ot the imiiie day. With (?unoritl Schenck's No. HK4
wu* unclosed a noli- from Lord Dorby, dated February
2t?, iu which It was staled that Her Miyealy's Secre
tary ol Statu for thu ilumo Department had
drawn attention to subscclloti - ol' the third
?ucliou of the ltntlsh Kxtradition act ol' l>i70,
and feared that the claim by this government of the
right to try Lawrence (who liud t>euu recently sur
rendered) lor cruue* other than that lor which he had
bccti extiaditt d, amounts to a denial that any such law
as is relcrrod to in the British act exists; and the dis- '
clauuer of thin government ol the existence ol any iiu- :
piled understanding in res|?ecl to trial lor mines other
thau extradition crimes, togother with the Interpreta
tion put u|>?n the act of C'ougress or August 12, lt?42
(which is. doubtless, an error lor IMS), preclude any ,
on.or thu belief la the existence of an ellective ur
raugeinenl. which Her Majesty's government had pre
viously sup|?osed to lie practically In lorce, and It was i
added that the Secretary ol the llolne I >? part incut wan 1
compelled to mate that il' ho were correct in consider- i
tng that no such law exists, he would have no power, 1
In the abseuce ol au arrangement, to order thu extra
dition ol Winttlow, even although proper proceeding* j
bad lieun taken lor that purpose.
Lord Derby called (ienerai sjchenck's attention to the ,
Intimation winch he had recetvud Iroin the Home De
partment, and requested that the matter be brought to
the knowledge of thin government. It l.s to be re
marked, however, that in this note thu Foreign Utllce,
as distinguished Irom the Home tillice, expressed no
opinion ou the question Involved, but confined itsulf to
requesting that the views of thu Home OlUce might lie
communicated to this government. A l?w days later,
however, on tho Hth ol March, l.ord Derby assumes thu
niuru advanced position previously occupied only by
the Home Department uud writes as follows:?
Her Majesty'* g-overnment do not feel themselves justified
In Hiulioiiiiii|t thu surrender of \\ iuslow until they shall
havu received the assuiauca ul your K"veruii>*nt tliat this
person shall Dot, until liu has boon roatoreil ur Inul an oppor
tun11jr ot returning to Her Majesty'* ilomiuions. lie delanmd
ur trieii iu the I uited Stains loi any olleiiee k'Ululinltsd prior
to his sin render other tlian llie exiraditiou crimes proved
by ilia tact* on which the surrender would lie ^rounded;
aud requesting that thin decision be communicated to
this government.
To till* nolo you uuido reply under date of II arch 8, ?
rclerniig to the general practice lor many years under
thu treaty, aud calling atteatiou to the construction .
given to the twenty-seventh aectiou oi the act of 1870 1
In the case of Hnuiucr. So lutlher corre<poudeuco
)ia.s readied this government, uud tho niallur reata
?pon this note ol I.ord Derby and your reply.
11IK KKASOM8 OIVCN
by Lord Derby lor tbu course iniimated Iu his noto
arise, as In: slates, Irom what had takeu place in this
country in the Lawrcncocase, and the positive terms of
Section a, subsection 2, ol the British l.xtraditloii act
ol 1*7U Moreover, it has been stated that the Homo
Oitlce had even gone further, aud expressed the opmlou
that, not only had some implied uudcrstuuilihg l>ueii
reachcd as to the particular cruuu for which laiwreuce
should be tried, uud that it would be in violuliou of the
laws ol llie United States and ol the general law*
uf extradition or all countries, to try liny pris
oner lor auy other crime lli.u thu particular extra
dition otliucu lor which he had bauu surrendered.
With regard to any such ondcrstauiLntf. either ex
pressed or implied by any authorized disliraliou or
tligOKetr.enl of this governtuent, no evidence is Ad
duced, nor can be adduced. Tins government acked i
thu surreuder of Lawrence precisely as it has asked tho j
?urrender of all other fugitives who have been deliv- |
ared by Oreat Britain under tho treaty of 1842, com '
plying*on its part with the requirements of the treaty,
anil neither by expression nor by implication entering
Into any "arrangement," nut imply requiring the
fugitive to be "delivered up to justice." Il furnished
such evidence ot criminality as according' to the laws
ol (ire.it Kritaiu where the fugitive was tound would
have justiiied his apprehension and commitment lor
trisl il the crime or oflence tiad been there committed.
Ureal Britain recognized the compliance by this gov
ernment with all that the treaty required, and deliv
ered the fugitive up to justice, the allusion madu by
the Home l Mice to thu caso <d Ltwrcnce needs |>ossibly
a passing remark.
TUK LAWKKXCB CASK.
Chsrles L Lawrence is charged with a series of forger- I
les whereby tlie internment of the I'uited Siules j
claims to have been defrauded to an atuuuut not lar
short of on Custom House entries. He is
supposed to have t.umeroiis and influential confed
erates, both in tins country and in Kngland. who lire ;
suspectel ot having shared in the spoils resultiug from
these alleged Irattds upon this government A large i
number ol' indictments have been fouuil against Law- {
re lice, and proceedings either civil or criminal are
either lending or imminent against supposed accom- |
plie s. It Is supposed that prosecntlon of tbeaiM ases 1
might possibly disclose names ou either side ot the
Atlantic in connection with tho alleged frauds not yet
brought before the public. In tin- spring ol 1S76 !
Lawrence tied aud escaped to Kurope, and was arrested
under thu assumed name of liordon, at Queens
town, ou a requisition lor Ins surreuder under the
treaty^ There were prove<l (aa I am informed) before j
(sir Thomas Henr), Iu London, twelve or thirieen dis
llnet eharces ol torgery, each ou papers connected
with a different tlVoiee uf |Oudi. The representatives :
or thta governineut supposed the extradition was luaite
ou all the charges, I ul the letter or report ol ^ir
Thouias Henry to the lirtlish Home oUU-e led to the
Issue or a warr lut or surreuder of Li*remo ou asm
Kle charge ol forg.ng a bond and allidatil, ou which
warrant thu kec|>er of thu jail delivered Lawrence to
thu agent apjMnnted by the President to receive him.
The terms of the warrant were u<>i known to any agent
or olbrerol this government (as is represented to me)
uui.l long alter Ijtwrence'a return to the I'nited Mates.
His couuaei ami Irieuos apt>eur to have beeu apprised of
the fact that, although proof was presented on some
lueive or thirteen charges of forgery, thu wair.nut of
surrender sitmi to lie conllned to the forging a
bond and allldavit. I p to this date L*wren< e has lK-en
arraigned only upon one indicimciil based on tho
forgery of the bond aud affidavit mentioned lu Sir
Thouias Henri 'a report to the Home Ollice, ami he has
Dot iteeu ai nlgne l for auy oflence other than the ex
tradition crime- proved by the (acts in evidence Mora
Sir Thomas Henry aud on which his surrender was
based.
Although not arraigned on any other Indirtment than
lor the forgery for which ho extradited, the
British Home Office has raised the question that he
may possibly lie tried U|miii other charges and for other
Mines. Il seems, therefore, that the Home (>fflc? of
Ureal Britain undertakes to decide what is the law of
thu I'nited statna, as well as of Ureal llntaiu, and as- J
fumes that thu law ot the I'nited state*, a* Well as thu
general law of extradition uud the Kxtradition act of
lireut Hritaiu, prevent the trial of a criminal stir
rendered under the treaty ol IH4'.1 for any ofTenco other
than the p.trucolar oflenot for which lie was extradited,
and the position which II takes involves the nitsunip
liou that, iu demanding an extradition under tlie
treaty, tlie I nilcd .>l*l>-a Is liound by the provikiolis or
Hie act oi ls;o, whether In conflict with the treaty or
not, and It claims lo have "supposed" that an "elfwt
Ive arrangement was In force," that no criminal so
? uirendered should he triod lor any other than the p?r
tii ular extradition oltem e. on the faith ot which ar
rangeiin nt it is claimed Dial surrenders hav e lirrotofoin
been made and without which II Is now said lhat a sur
render would not Im* po-sibfe under the Kuglish act;
hut, as already 'aid. nothing is adduced in support of
the iieliet oi the existence ol such >up|K>sed arrange
ment. These positions nr? so different from
the understanding ol this government and so
op|iosed to the view* which II was nipp.-ed
were ent?named by tireut llnum. and whith have
been recorded lit I'urlmmi litary | apers. which have
been asserted in diplomatic Mffwpimdenoo and ln-en
reeogmxed in judicial decisions in ibal as in this coun
try and sei lor h t>y writer" on extradition law. Hint I
learn from Lord I>erbj s solo with surpn-e, equal to
my regret, that they a|q>ear to bo supported by the
foreign tiihi e.
tiik act or ai ut sr 12, 1MM
reprrxluced in the KevMed suitutes |Scciion ft,270 fo
5,270) referred to in the correspondence, does not atfei t
or limit the rights of tlie two governments on the ques
tion This act i* simply a general act h r carrying into
ellecl treatie* ol extradition. Il provides the in..tInn
ery, and prx-s? ril>e? the general tnoile oi procedure, hiit
does uot assuuie to determine the rights of the 1 tilled
Stales, or ol any other state, which are govern* d
wholly by thu parti'-ular provisions of the several
treaties, n.?r to limit or construe any particular treaty.
In some lew treaties between the I uited Stales and
loietgu counlrita provisions exist that tho criminal
shall not be tried lor olIrncc? committed prior lo extra
diimn other than the extradition cruui, and iu other* J
no such provision ia included.
Again, under so?n? treaties lbs citixeus or subject* ot
IheTuiilrat ting powers are leclprocally cxeuiiit Irom
being sorreuderoJ, wUile others con la in no such ex
Ci'pllOD
ihe United Stales act of la equally applicable to 1
all these diff< rent treatK a. lithe urrendvrrd Itigilivo ,
ia to liod lunnuuity Ituni Wlal lor other than tho otlonco j
named in the warrant of extradition, be ma?t Bud cuch
Immunity guaranteed to Uuu by the term* uf the treaty.
Dot m the "<* of Cougre.-ts. The treaties which contain
the immunity from trial for other offences havo ix!?-u
celebrated since the date of tbe aet of 1848. At tbut
date the t uued .States had treaties ot extradition "uly
? itb Great Urn am and with France, neither ot which
conuiued the limitation referred to.
The term* ef tbu res|>eetive treaties alone deflna or
can limit tho rights ot the contracting parlies.
Tbe cou*iruction of the treaty betwoen the 1'nited
Stilton and (ireat Britain by the two governments, aud
their practicu in ita enforcement for many years, were
In entire harmony. !u each country surrendered fugi
tives have been tried tor other offerees than those tor
which ihoy hud been debvured, thu rule having been
that where tbe criminal was reclaimed In good tuilh
uud the proceeding wax not an excuse or pretence to
bring hnn within the Jurisdiction ot the court, it wit
no violation of tlie treaty or of good faitli to proceed
against him on other charges than tbu particular ono
on which he had been surrendered. The Judicial de
cisions of both countries alltrm tins rule. It wan so
held in a ca?e ol iuler-Stule extradition by Judge Me l
soli in Williams vs. llvou. 10 Wendell, tUJ8, and tho
laine print) pie was laid down by tho Court of Appeals
<>l New York in a late cuko of Adriance vs. lagrave,
who had been delivered up under tbe treaty
with Frituce. Iu 1'uited Statex v*. Caldwell |M Blslch
tord Cir CL Up., 131) Caldwell, after extradition trotn
Canada for lorgery, in 1871, was indicted lor bribing au
ollieer, aud tho plea warn entered that lho priiiouer wax
I brought within the jurisdiction ol tbe court U|>0U a
| charge of lorgery, under the treaty, and that the of
teiice specified iu tho mdlctmeut was not mentioned ill
' tbe treaty. A demurrer being interposed, tho Court
decided the prisoner bad lioen extradited iu good lalth.
! charged with tho commission ol a erimo, and must be
: tried.
In the ease ol Buriey, extradited from Canada on a
! charge of robbery, the prisoner was tried oa assault
! wiin intent to kill
In the case ot Hetlbruau, who was extradited from
this country lor forgery, aud tried in Croat Hriiain lor
larceny, the tacts, us stated by tbe Solicitor General of
(ireat Hritaiu, who had charge of thu proceedings, and
who wax examiued belore the lulu British Commis
sioner on the cxtradtlloo question, wero that the pris
oner, being extrudited lor forgery, was acquitted, and
watt thereupon tried and convicted lor larceny, lor
which he could uol have been surrendered, not being
enumerated In tho list of crimes mentioned In tho
treaty.
In Cauada there Is the sauie current of authority.
In thu casu ol Von K. Amain (UpperCauuda Reports, 4
i C. 1'., 2hN), the prisoner was surrendered by the
j Culled States to Canuila upon the charge of forgery,
and application was made lor rclcat-e uu hull, on the
ground that tho olleuce was at must the obtaining of
money under lalse pretences and not within the treaty.
Muuaiiley. Cblel Justice, said, in denying the motion,
that liu wus disposed to regard the ollencu as lorgery,
i hut evoii if the offence were only lalsc pretences
'?alter being in custody, be is lia Ic to he prosecuted
for any offonco which the lucisiuay support.'
Iu I'axtun'x case (10 l.owor Cuuadu Jurist, 212, 11,
352), the prisoner wus charged with uttcrmg a lorged
promissory note, ho pleaded thai he had been extra
dited upon the charge of lorgury, uud could not t>o
tried lor utioring lorged paper or lor any oih?r than the
extradition ollencu. The Court dccided that tho irial
should proceed. 1 he prisoner thereupon protested
against being called upon to plead to any other chargo
than that lor which he was extradited, but be was tried,
lound guilty and thu conviction utliruied on appeal.
Iu addition lo the foregoing. Judge Benedict, in his
opinion in Lawrence's case, delivered within a lew days
past, entirely coincides In these views, uiul the Solici
tor tieneral of the (.'titled Stat* s, in his opinion in Law
rence's case, dated July IB, 1675, reaches the sumo
' conclusions. .
An examination ot the report of the .Select Comnilttee
| on Kxirudition ot the House ol' Commons, which sat iu
18(18. under whose superintendence the extradition law
1 of 1870 wus trauiod. aud which was coui|xixed ol some
I of the most distinguished public muu uf Ureal Britain,
| among whom were the Solicitor tieneral, Mr. Mill. Mr.
Forster, Sir llobcrt Collier and Mr. Uonnerie. shows
| that the law ol the United States aud the practice iu
; reg ird to extradition wuro perfectly well understood,
! and they are distinctly referred to uu se\eral occasions.
Mr. Hammond, now Lord llninmond, lor many years
I Under Secretary of Stat", m speaking of Hurley's case,
I slated that as 11 was suggested that the prisoner,
who had boen surrendered on u charge of rob
1 bery, was about to be tried for piracy Hid matter bad
| been referred lo law officer* ol the Crown, uud that it
it was held that it tho I'nlted Stales put hint 6<m<i /(tit
' uu his trial lor the oltenca tor which he was extrudited
I it would lie didlcult to question their right to try him
! lor piracy or any other oflence ol which ho might lie
' accused, w nether such olleuce was or was not a ground of
i extradition or even within the treaty, and lidded?"Wo
I admit in this country that If a man is bond ji/le tried
tor an offence lor which he was given up thore is uoth
iug to prevent his hoing subsequently tried lor
another olleuce, either untocedemly committed or not."
(Answer l.Ojt).)
Mr. Millions, an eminent member ol' tbe bar, who wus
counsel in the Lawrence ease, in reply to a question of
Sir Hubert Collier, said that, iu his opinion, a furren
dered criminal ought to be tried lor au offence oilier
tnun the extradition oflonce arising from the sun to
lads; aud Mr. Fonder (question 1,214), considering
the propriety of the proposed stipulation that a pel sen
should bo tried for no oflenooother than the extradition
ollencu, said:? g
The A iiierleaioi du not make that stipulation, or else you
would not liave been able to try Heilbrunu lor any other of
feuee.
To which Mr. Mullens responded:?
No; there in no stipiiluti u ut that klud in the case of
America.
Mr. Mill thereupon said (question 1,21?'>):?" As 1 un
ilersiaud it, Ike treaty with America would not pre
vent our trying a loan lor a ditterent olleuce from that
lur which he had been given up." To which Mr. Mul
lens replied It would not; there Is no stipulation
that he shull not lie tried lor any other oltcuce." Then
follows question 1,217;?'? Would you wish to extend
that state of things to other countries?' and tho re
ply, " wnb regard to America I have never louud any
ditllculty ubout it." Ate.
So lar as can be ascertained there wus absolutely no
dls.seul ut any time Irom these views us to thu law aud
practice under the treaty, and the only questiou seemed
to be whether il was**isa to attempt lo change tin in.
Mr. Clark (au eimuviit British authority), in hut
treatise on extradition, says:?
It I* unite clear that ueiUier the treaty uor the law uf tbe !
t'uitoil States cuiitaiita the provisions ut the extradltiou aet |
at 1H7U.
It would appear, therefore. i?y the judtrial decisions,
by ilia practice of both governments, uud by thu un
derstanding ol thu pei.-oun inosi laminar with proceed
ings ill x'jch easel, aud lltu most compulcut to Judge,
thai where a criminal ban been m goo-i latiu turn
dlted lor at> offence withiu the treaty, there is iuj agree
incut, expressed or implied, that ho may not also be
triod lur another . Ilciiue, <>l which he is charged,
although not ail extradition olfciice. lie Id In fuel (in
accordance With the language of the treaty) "delivered
up to justiceaud in the absence of any limitation by
trt'aly. to **juail> e ' generally, each independent Mule
beta* tilt- judge ul Us OH II iidlinuisiruUoii of juslioc.
Surely Ureal tirilatu will uot allow the Legislature of
aiiothor Mate to prescribe or U> Inult ibv rases or the
manner in ?vInch fustico is to Ik- administered iu lier
eoitrU, and she will not expect llio In tied States
to be le.-s lenarioui ol Its independence in this regard.
Now lor Uw test tunc since the signing ol the treaty
ol Ureal llritaiu raises the question ol her right
to deuiaud irotn the I nltcd Stales, as a condition of
the execution by Ureal liriialti of her engagement to
surrender a lugilive criminal charged with a series ol
stu|H'nilous forgeries, a stipulalion, or agreement not
provided lor in the treaty, but asked on tho ground
ol an act ol Parliament passed some twenty-eight years
alter the treat) had been in force, audg|uescribes it as
one of tho rules or conditions which should apply to
urisugemctiis lor extradition when made with a foreign
State. Till- tnvolte* the que-Uon whether ouo ot the
parties to a treat} San change and alter its terms or
construction, or attach new conditions to Its execution,
without the aaaeat ol the other?whether au net ol the
Parliament ol Ureal llritaiu, passod iu Uie year 1870,
call change the spirit or terms of a treaty with
tho ('lined States of nearly thirty years anterior
date, or can aifcu h a new condition to be demanded of
the United States heloro compliance by Her Majesty's
government with the let ins of the treaty as they have
bet u .-how ti to have been uulloruily understood and
executed by both governments tor thu third or a
century.
As this government does not recognise any elUrary
in a llntish statute to alter or niodity or to attach new
condlllous to the executory purls of a previously exist
ing treaty between the I Ulted Stales and Ureal
liritalu, I do not led called upon to examine particu
larly the provtMoun ot the Itw ot ltTu. Hut Inasmuch
aa Ureal ttrilaili seeks to impose the provisions of Ihut
at t u|N>u llie I nilsd Males in tho execution ol a treaty
ot tuaiiy years' anterior date, 1 do not tail to obeerve
that w hile by the act Ureal UriUnn assuuit a to require
that no surrendered fugitive shall he tried in the
country which demands his extradltiou lor ' any
oilencu other than the extradition crime'' (in
the singular) proved by the tacts on which
thu surrender Is grounded, she reserves to herself
the right to try a fugitive surrendered to her tor
such crimes (in Die p.wr.il) at may be proved by the
facts on tthiiu the surrender is grounded This does
not seem to be wholly reciprocal, ami it the (.'titled
Males were di.-posed to enter into ?treaty uuder this
act, it uuglil expect some greater equality ot right than
a cursory examination ol tins provision in the sot
seems to provide. It is quilo well kuown that alter the
parsagu ot the act ol 1870 an cllort wss made to enter
into a trusty with Ureal Itritain. which should enlarge
the number of extradition oth tice. and otherwise ex
tend the provisions of the cxisliug treaty. At the out
set it was apparent Unit I he act ot is was not an act
to c.trrj Into effect treat lee of tubvohUom lor extr.idi
t ion, as is the I cited Mate-' act ol litis, out one | ro
Vidtng a system to ubicli ail subsequent treal.es ul ex
tradition must be adopted and which could be
applied to enforce treatus or arrangements msde
subject toils irovisioas. This government w?s uuatde to
agree to any airaiigvinents h.?se i on the provisions ol
the act ol 1*70, alii in a nolo uddri sued to Sir Kdward
Thornion, the ilritlsb Minister, uuder date ol Jauuaiy
ViT, lti'l, he was informed that
This?uvernaaeat under-tamU the twenty seventh arctloa
of the mliiMliliitt atl ut |N .it sa sivlag continued effect tu
the eshslng engagements for the surrender of criminals.
Iia(erlect *? ti e* arc, la view ul the Ion* i?ter'iilimu- f.eii
tl'f twtWeen HrhUh North Auitri. a aud the I lilted Mates.
? ? muti ue eenteat te -ulfer the InrnamiieBn" until
Parliament ?nall |>M It In liie power ?? Hrr dajesij >
Kutpiautt'sl t > pit.p m a more totnitreheusivs and aoceft
sblt rtrrsa^eiiifiit
The llritish government was thus d Sliuctlv
and lurnially ati vised ot the position aud of
tho views of lbs i'uiied Stales, aud no excep
tion thereto has been expressed. A further eilert
to etlii t a treaty was made iu 187.1, alter tho
passage by the iirilisli I'arliaiuiuil of an act imiel dmg
the act oi 1*70, which resulted in lailuie lor precisely
?i in >lar reasons.
This failure to negotiate a new tre ity arose solely
because the I lilted Stales could not a. cept aa part of it
some ol the prov isions ol the art of is To. and preferred
to go tin uuder the treaty oI 1*42 as thereto)..re con
strued and practically carried into ctloet bv each
government, and thus wo have proceeded up' to the
present lime.
in support of the construction which this govern
ment In 1871, la the nolo to Sir EdnM Thornton
ilxivt referred lo, ga\ e to the twenty-seventh wctkm
ol tho exirvliliou act. It IMMT1 tlmt when the Court
or Queen'a lie nob was called to pasa upon the very
?|ue*wou in the carte of lionnler (27 Law Time*, X. S.,
K44) the Attorney Ueneral slated that tlie Intention bul
been to make a general act which should apply to all
i casea except whore there was anything Inconsistent
' with tho treaties relerrod to. 80 lar as tho point waa
passed on, tho Lord Chief Justice expressed the opinion
that It wart the luU-ntlon while getting rid ot tlu:
statutes by which tho former treaties were carried out,
at the name time to nave those treaties in their rail in
tegrity and lorce, and that the result had been accom
plished. one of the other Justices thought she ques
tion somewhat doubtful, and the third agreed with the
Clnol Justice.
Tho Solicitor General of the United States, in hla
opinion iu Lawrence's.cate. given in August of luat
year, reached the saute conclusion, that the treaty wait
not uilectod by the act. It cannot reudily be believed
that rurlwnient Intemled by tho act of 1870 to claim
tho right to alter treaties in existence without noiice
to the other government, or to impose new conditions
: upon foreign government* seeking extradition under j
I treaties iu oxistonce prior to that act.
Tho Unllqd States hart declined to become subject to :
! the British act of 1870, and with knowledge of this the |
1 government of Ureal Britain has continued constantly '
to ask and obtain extraditious under the treaty ot 1
184", and Kiuce the reiusai of the L'ulted States to nego- I
Halt! a new treaty under the provisions of mat ucL
Since the passage of (be act o( 1870 Ureal Britain has ?
obtained Iroin this government home thirteen warrants
of extradition and ban instituted u much larger number
I ol proceedings to obtain extradition. Iu no instance
has Ureal liritain thought it necessary to tender uny
such stipulation as she now asks friun tho (Jnited ,
Status, or to present her requests Tor extradition in
any way dillerout Irom that in which they were pre- ,
; sented prior to 1870. The United States in the same
, timo havo Instituted numerous proceedings, and at this |
inohicnt have three criminals in Loudon in custody ,
upon charges ol forgery, whose extradition this gov
1 ernitwni is seeking in the usual manner provided oy tho i
treaty.
liuring this period no Intimation has reached this >
government that ibo treaty of 1842 was not In lull lorce,
or that the act ot 1870 was claimed 10 limit its opera- ;
; Hon, or to impose upon this government tho necessity
either of changing Its laws or of giving stipulations not |
; known to the provisions ol the treaty, and not hereto- ;
1 lore suggested, nor hits any representation hvon made
; to this government by that of Ureal Britain on account
of any proceedings taken In tno case of Lawrence,
j mentioned Iu the opinion attributed to the Home Olllco
! iu tho nolo of !,ord Derby to Ueucral Scheuck, before
referred to.
Hut now with three Important coses pending In Lon
I don at the present time lor extradition, In oue of
which at least all the lortnalities havo been com- I
, plied with, wo are Informed in substance that
I 11 had becu sU|<(K>sed up to the present lime 1
! bv tho llrilish Home Oiltcc that our law as ;
to triul* for other than extradition ollences wos
in ugreeiueul with the law ol 1*70, but finding il to be \
otherw ise, we are caafroated with tho requirement of
a stipulation lU order lo ontitiii w hat is guaranteed by j
the treaty ol whereby Hie l'ulted Stales must rec- I
I ognixe the right ol tin' llriti-h I'arlianieni by statute to '
' change existing e\n< ami > treaties aud to 1111 pose upoll '
Ibis government fomiiiH>n- anu stipulations to which it ,
had not given Its assent As relate* to the particular j
CASK or IMS #114.1 11 V J WIX.41.OW,
there is m i, so far a- I .He twure, any munition of try- {
' tag him for my o#pimm other than those on whicn iu- j
dictinents were trun-nriled and for which his surren
der was demanded, bulthe I ntted Slules Will give no i
; stipulation of which the treaty doe* not authorise tho
demand.
As the stipulation or condition is demanded by Ureal
Urttaiu as a right, the right ol tho demand must bo os- |
lahiishcil
'tin- rresident regrets that n condition, which, In his
; Judgment, is without any justillcation under the treaty,
1 should have l>eeu asked. Ho regards the question
1 thus presented as ol u grave and serious character,
; on the linul solution ot which must proh&hly depend
the continuance of the extradition article of the treaty
ot 1*42 He cannot reco?ni*o the riubt of auy other
i Power to change ul Us pleasure, ana without the ussent
ot the I illicit Stales, the terms und condition* ol un
1 executor; agreement iu u treaty solemnly rutilled be
tween the Tinted States and that Hewer. Ho thinks
that the twenty-seventh soctlou ot tlie British act of
1*70 was specially intended lo exempt thu treaty with <
tho United Stales Irom tho application ot any of j
the new conditions or provisions embodied in that act,
and to leave tout treaty to lie oonslrued and the sur
render ot fugitives thereunder to bo tnado as had been !
previously doue. Ho hopes that on a lurther considern- j
tlou Her M^io.ity's government will noo. in the section
referred to, tho elfect which he supposes it was de- 1
signed to havo. *
Hut ho recognizes that It Is for the British govern- 1
ment to couittruo and enforce its own statutes; and
should Her .Majesty's government tlnally conclude that !
the llritish I'arliainent has attached a new condition to {
the com]>li.nice ny thai government ol its engagement
with the United states uridor tho tenth article ol the |
treaty of 1842, relating to extraditions, requiring Irom \
the United States stipulations not provided lor or coil- j
j icniphilcd iu the treaty, he will deeply regret the
necessity which will thereby be imposed upon him, !
and does not sec how he can avoid regarding tho re- 1
I 111 sal by Ureal Britain to adliero to the provisions of tho
1 treaty as they have beuu reciprocally understood aud |
construed from its date to the present time, or the ex
action by that government of a coudilion herototore j
| unknown, as tho iuiructlon and termination of that ;
j provision ol the treaty.
You are uoi authorize! to enter Into auy stipulation ?
! or uuderslalidlug as to tho trial of Wlnslow, in case he
? lie delivered up to Justice. His surrendor is asked
under aud in accordance with the provisions ol tho ;
I lenlii article of the treaty between the lulled States
and Ureal Urilain ol the "Jib of August. 1842 He is i
charged with a crime included within the list of crimes
enumerated in the treaty, that crime was committed i
wuhin Ihejurisdiction ol the lulled States and ho has 1
sought un asvluin and been found within the territories j
of Ureul Britain, aud the I lilted Stales have produced 1
such evidences ol criminality as, according to the law
ol Ureal Britain, would Justify his apprehension und
commitment lor trial if the orimu or otlenco had been
committed in Ureat Britain.
You will communicate the substauce of this to Lord j
Derby, aud should he desire II you may read it to h:m. I
I am, sir, your otwdieul servant, HAMILTON FJSH. j
IMPEACHMENT.
CONCLUSION OF THE ABOCMENTS ON TIIK
QUESTION OF JUBISDICTION ? MAKAGEli KNOTT
OH THE DUTIES OF THE SENATE CLOHINO
hl'EECH OF JEKE. BLACK ON THE TAUT
OF THE HKFENl'E?OBDKKH OF THE COUBT OF
IMPEACHMENT.
Waniiixutom, May 8, lHTtV
At eleven o'clock the Chnlr announced that tho
Scnuto sitting tu trml lor ttio Impeachment ol' \V. W.
Helkuap would resume its session. in accordance with
the order ol "?aturduv last.
Proclamation having boon made by t'Sergeant at
Arms, mid but lew Senator* being pronut, Mr. Merrl
molt, ol North Carolina, moved a call or the Senate,
when thirty nine Senator* responded. Tiie proceed
ing: of Saturday's session were read. The respondent,
with Ills counsel, Messr*. Carpenter, lllack and lllalr,
ami the Hoard ol Manager* beiug present, Mr. Manager
Knott resumed and completed his argument commenced
cii r'riday. Ho said tho line of argument which he had
proj>oscd lor himself had been so completely covered
by h s colleagues that little h.<d been lelt tor bun U>
aav. except, perhaps, to recapitulate mmo of the point*
mi>I to elaboruto to some extent a lew ol' the sugges
tions so very ably present, d by tlietn. which he pro
ceeded to do, concluding a* follows:?
1 am couient to leave the question with you, j>or
fectly eoulldent that no lar^e number ot right minded
people will accuse the House ot Kcprcschlnlivos of
lieiug composed ol either tools or traitor* lur sending it
here, or dedounce you lor cowardice or corruption, de
cide how vim will. Whatever your decision may be I
am satisfied it will be such a* to rciiouud to your
own credit a* jurists anil stale-man, ?s well as to
the permanent good of our common country. For
I h:tv?* tit \tit. liur wunu, imr worth.
At lli'ii, i???r u icrnncu, not tho power nl H|ioecb
'I? *ur men* blutxi.
I cannot lorirct that I stand in the presence of the
mosi exalt* <1 tribunal known to the constitution ol my
native land, Hitting .to determine one ol the gravest
questions ever submitted to a liuuiaii court, not lur
tbis lo ur but tor all tune; not lor the individual ac
cused, but lor generations yet unborn. I would not
therefore, if 1 could, ot>*? ure a slugle ray of the pure,
bright light ol truth aud reason ill which this (juration
should Is- considered. 1 would not tl 1 could by any
undue iiiiiueuce change In the estimation of a hair tho
balance which should be poised here ill the linn Imud
ol rigid and impartial Justice. 1 know not Hint the pro
cecdin*!* oT this I.our wilt ever lie recorded by the in
exorable pen of history, but should It be 1 trust that
tin record will be in letters o* living light,
pi rmaiient and enduring as the rock ribbed lulls,
that the American senate, unbiased by personal or
party considerations, uuluftuoi.coil by? private sym
pathy or |Mipuiar prejudice, bit J tho sterling \ irtuo to
administer the law. in mat seuliiucht 1 am sure that
the very distinguished counsel who is to follow me
(Mr. Hlack) will lully accord; for in Ills own conirmu
Hons to tiie judicature literature ol this country, in
Ins manly, (earless and unabated wtnhculiou ol iliu
majesty ol that same law, he lias achieved a memorial
in mo ..Rectionate veneraiioii of his r untryincu more
precious than sculpiurvit inartile and. 1 trust, more cb
uunug that monii|nental brass. (Applause.)
AKia MK>T or Mtt. HI.ACK.
Mr. lllack closed tho wkuiiicui on the part of tho
dcleu.se. He drew the distinction which existed
between this case, when the accused was not ill
olllce in the time the House of Keprcscuiativcs took
co^m, t ii< e of it, a lid the cuse ol an oillvial resigning
after that point ol time The real point at issue was
whether a mau who had resigned bis gOce was to bo
still ui counted a public oincer lor ull the purposes of
impeachment. on that pro|M>sitlon he held
the negative and would maintain II il be was able. lu
dim ussiug the legal point he uliuoed to the speech ol
Manager lloir on Saturday last as the most o imornio
and carelully prepared oration that he had ever had
the goo<l fortune to listen to and aduure. It hod, how
ever, he said, been (Tiled with the fiercest and bitterest
abuse of Hie aicused, as well as of
oilier persons absent and undefended, lie (Mr. Hlack)
could not la?" an) objentioii.s lo th it gentleman play
ing the part of I Hero III this priM ceding; but lie pro
tested that lie bad no rtirht to make an imaginary Mara
Antony out ol tionerai Helknap lor the no re purpose
ol having a kiil>je< t lor iiis philippic, lie bad not only
chained liereial llviknap as il ho w sre guilt v of every
thing which the managers had seen proper
to ret lorilt In their articles ul impeachment,
but lie hid gone out of .hi* way and cnarged thai
the wii.il.- country was so lull of corruption that It bad
1 become a byword and a disgrace all over tbe world,
i According to hi* account, "it would be more toler
able fur {Sodom aud Gomorrah," ibua lor
those cities of tbe plain, who mi wickedness
be had been impeaching. Like Lot, hi*
righteous zeal had been vexed Iron) day to day by these i
iniquities. According to hltu all classca ol ibis coun- I
try were weltering together in one great mass ot moral 1
putreiaction. lie haa treated the urgutneuts made for
tiu- delence on ibis question ol law aa but tbe jeer* and
sophistries of the criminal lawyer. It the gentleman
were a criminal lawyer )u* be supposed from hia ancer
he win not), or if ho wore any lawyer at all aud
! went into a court of ordinary Jurisdiction, and on the
pretence of arguiug a simple question ol law attacked
the opposite parly with bitter abuse (unfounded on any
Uet), und then extended bis attack to everybody to
; whom he could lay tbe rough side of bis tongue, bo
would be gently reminded that he was travelling out of
record, und if necessary would be brought back to tbe
point with a ratner sharp turn.
Judge Black then coinuiuntod at length upon tbe
argument of Mr. Hour aud the quotation* which that
KoiiUetiian made from John Quincy Adams, and said
Mr. Adams was the lousi reliable msu who ever lived
on a question o( law; that he was always ready lor a
personal controversy, that hit* bump of comabtivewns
was always in a state or chronic inflammation and
that he enjoyed nothing so much as ttie
'?rupture ol the strife." Ho next re
ferred to the remarks of Mr. Hour, made
in the House of Representative when the articles of
impeachment were presented, to tlio etlect that the
House had no power to Impeach and the Senate no ju
risdiction to try tbe accused, and said of course that !
gentleman (Mr. Hoar) bad a right to change his opiu- !
ion. No man wss bound to live aud ahidc by au opin
iou which he might huvo about a question like this ;
when tirst presented to his mind, and no one had a
right to say that the change was not a conscientious
one or that tbe gentleman professed now an opinion
which he did not honestly and seriously entertain.
It was true that the change had occurred uiidor circum
stance* or excitement ami political terror not vory con
ducive to the lormation ol a sound Judgment. The
gentleman bad beon surrounded hy
A CONI-'t.AliKATION OI? AMU KB
and auitnosity, Putey was ri*ht when ho said that be
mu^t be either mora or less than man who rolused to j
kiudlo In the general bluic. It whs some honor to the
gentleman (Mr. Hour) that ho wto. the lust one to tnko '
tire?(laughter)?although when lie did begin he proved
to lie rather more combustible than any of the rest. |
(Loud laughter In the gillorles, which the Chair |
promptly suppressed.;
Mr. Black couteudeil that tho House of Representa
tives could not throw its drug not over the whole ua- i
tion and draw in every man. whether a public oUlccr or j
private citizen. Ho denied tiie doctrine assorted by the
managers, that a tiiuu once lu oil Ice was always an olll- !
cer. He quoted from liawle, Sargent und
Story on tho constitution in support of his
views, und said several groat political revo
lution* bad occurred in this country
wbeu tho party previously occupying the seat of power :
had b.-eu driven out with the wrath of their victorious
enemios burtiing alter them. Thu victors, us they came ?
in, wero not sparing ol' their chargcs; treason, oorrup
tion and crimes and other luisdoiucanors wero talked '
about. Yet it did not appear tbit it iiad ever entered 1
into the head of any human being to supposo that tho
party coming in and having power in all the branches
ol' the government could subject their displuced oppo
nents to the power of luipoucbnient. Kelerrtng to
Til K KNOl-IMI I'VKCKOBXTS,
he said it was acknowledged that in Knglond tho
powor ol 1'uriiamont was omnipotent, and i'or that very
reason there was no resemblance except in name of
the thing between impeachment in that country and i
in this. The omnipotence ol Parliament reached to I
every suhjoct of the realm. Now, In tho most I
ordinary times it might take tor its victim a ?
peer or a commoner, a prince or a (wnsunt, priest
or layman, freeholdor, merchant, inecliunic, any one;
they were not restricted by any luw to political caso*.
1'ai llament could baug and quarter a man, imprison tor
life, aud lino him to tbe exteut ol h s whoio estate, j
He next spoke of the power of Congress under our con- !
Mtitution and claimed mat the resignation of Belknap I
wus legul, und the Senate hod no right to go bohind ii. ,
Referring to the ull.gcu threat of Mr. Ci.imer,
that uuless Mr. Beikuup resigned lie Mould
be impeached, Mr. itlack said the chairman
ol the Committee on War (expenditures gave notice,
cither directly to Gcueral Belknap or mediately to him
through his counsel, that, il he did not -retire Irom
ottice before twelve o'clock on March 2 he would at that
hour be impeached, and in consequence ol that, to
avoid this throutened impeachincnt, General Belknap (
did take his resignation to the President at half- j
past ten A. M. and got tho President's |
acceptance of It by twelve o'clock- Tbe time 1
when tbe House met tho oillce had been dcclured !
vacant, and another person had been appointed uud ;
was exercising the powers of it as Its houd. Tho de- '
fence did not claim that this wus a compact with the
chairman of tho committee. Mr. Clymer hud no right j
to speak lor the House, but General Beikuup knew th.it ;
he was a leading member ol the House, and that what '
he proposed to do was very likely to be accomplished '
He urg.icd that the men who trained our constitution
whenever a djiubt arose about the meaning of a partic- j
ular provision resolved that doubt hi tuvor ol public |
liberty. This wus the ttiuo above all other*, und this 1
Judicial occasiou wus the pro|ier occasion for the Senate j
to show that tliat doclriuo was net a mere political t
dogma put forth to llalter aud cajole the peoplu, but
a principle lounded in couviction aud upon
reoi-ou. Tho colossal grandeur of Washing
ton's character still attracted the admirutloii
of the world, und Kraukiiii's quiet memory climbed to
lie,t\ en, and the pure philosophy ol Jellerson illumi
nated the path of statesmen. Madison's wisdom wus
tho standard of all orthodoxy and Jackson's name
would l>e a watchword to the free forever. The Ainerl
can people did not lorgel what tlioy owed to these
men, und if the members ot tbe .Senate belwngcd to that
illustrious breed, il was 111 that on a Judicial occa- |
siou like this they should show the mettle of 1
their parentage. Ho argued that whenever wo
were con-idoriug auy feati.ro ot the constuu- 1
tion which Iri l ringed upon some great right
thai the constitution had given, wo were always to mve I
that leuturo the narrowest construction possible. This
Impeachment provision of the constitution affected |
several of the most important rights thaiwerocver ;
claimed by a jieople or conceded by a government, and
should therefore be strictly construed. For instance, i
all men charged with criminal ofTouces were ?ulilloU ;
to a trial by a Jury, but this provision took away the i
right ol the (tarty accused of a trial by his pocrs, and
subjected him to a trial before a political body com- .
|m >sed, it might bo, of his rivals ami his enemies. Mr. I
Black said, in conclusion, that us he hud begun his re
marks without exordium, so he would clasu without a
peroration.
Judge Black concluded bis argument about three
o'clock, when, on motion of Mr. Edmunds, the gal
leries were cleared and tbe Senate went tuto secret
session. At live o'clock the doors were re-opened und
the Chair announced that the Senato had agreed ujion
two orders, which were read as follows:?
Ordered that, until further notico, tho attendance
before tho Senate ot tbe managers and the respondent
will not l>? required.
untried thai, when the Senate sitting for tbe trial
of impeaihmeut adjourn, it bo to Monday next, at hall- '
pa^t twelve o'clock ft M.
Tho Senate then adjourned.
OBITUARY.
MAJOR ALEXANDER H. UACOMR.
The death ol Mu.jor Alexanders. Maootub, or this city,
occurred suddenly at a quarter past one o'clock yester
day, at tbo Union Clul>, and has cast a gloom over the
members of that resort. While engaged in conversa
tion, be complained of oppression and endeavored to
loave the club h.use, but lie tell before bo could reach
the door, ami his death followed almost instantaneously,
and, probably, unattended by suilering, being caused
by tlie rupture of mii aneurism of the lioart.
Mtgor Mucoiub graduated IroniMest Point in 183a.
lie mus thu ami ot Major Ueneral Alcxauder Macomb,
wbo held the rank ol I'ouiiuander-lu Chiel of
tho United State* Army, preceding (l?Mnl Scott In
the >.ime rauk. Altur serving in tho First and Sotoad
dragoons on the Ironiier and iu tho Florid.i War be
acted us aide do-camp lo his lather, and resigned irotn
the army in IK4L V\ bile quite young he married Miss
Keurnuy, of New Jersey, uud alter Iter decease ho con
tinned to reatde In this city.
lie was a prominent member ol tho I'niou Club and
was well known iu all circles ol society, * bore hi*
courteous bearing, cheerlul gallantry uyd good nature
made him universally beloved 111* associates and all
who knew him will lung regret tha nullum gentleman
and amiable companion so suddenly removed from
tbuir midst.
WILLIAM F. M'SAMARA.
After a very brlcl but palalul illness. Wi limn F.
McNatnara died at two P. M. yesterday, at bis residenco
In tbia city, No. 4? Henry street. The deceased wan a
well known lawyer, who hit* been practising with
marked success at the Bar in New York tor n nuinlier
of years. Ho bad lite reputation ol being a will rood
lawyer, and, though not a brilliant advocate, was
generally master ol his case ami his bnols evinced closo
and indefatigable n-earcb. Outside ol hi* profession
he bad a host ol friends, lioing a person of rare culture
uud uiost genial social qualities.
HON. RTEPHEX B. LEONARD.
A telegram from Owego, N Y., under date of the 8th
Inst., reports as follows:?Hon. Siepheu 11. Leonard, the
lounder ol tho Owego Oaarttr, a Representative In Con
gross four years, and who illled many important oilnes
of trust, died here this morning. His luueral will lake
piuco on Weduosday.
UiRtM QAllltETHON.
A telegram Iroui Cleveland, Ohio, under date of tho
8th inst., rei>orts as follows:?"II.ruin Uarretson, late
l'rusident of tho Second National Hunk ol this city,
died last evening ol heart disen>-o He was to have
represented this district as tbo tirst delegate to the
Cincinnati Convention next month."
Joseph p. ronayne. m. p.
A cable telegram Irom London, undor data of tho 8th
mat, reports the occurrence of the death ol Joseph
l'hil.p Honayne, Member of Parliament lor the city of
Cork. Ireland. He was a liberal ubd a home ruler, aud
waa greatly respected by men of all ciaasoa lor bis
ability and integrity.
FIKE IN MULbKHttlTsTREET.
At half past two o'clock yesterday afternoon a Are
broke out on Ibe top door of the four story frame
tenement, No. V Mulberry street, occupied by fcllen
Murphy. Damage t&Ok The building waa damaged lo
thn extent of tMill.
Following the Trail of Sus
pected Persons.
ORIGIN OF THE STRIKE
A Reward to be Offered by the
Railroad Company.
Tho autboritios of Jersey City war* *11 natlr yester
day on the subject of the explosion. Mayor Sledler, a?
tho request of many prominent citizens, consonted to
appoint commisslonore to oppralse tho damage caused
by the catastrophe and report an anon an possible.
Thla will be a precaution against exorbitant ulaluia
tn cuaj the city should bo sued for
damages. The Muyor Intends to act with
the committee so that he may bo able to adviee tho
different boards In ai.y difficulty which may nriso. The
Board of Kire Commissioners ha* summoned
sovorul witnesses to appear to-in or row evening
and glvo testlmouy ou the subject. Chief of
police Chanipney and Captain Clouuey, of the
Third precinct polico, were closeied for throe
hours In tho evening with Contractor McAndrow
and Superintendent Oakley. James Stanton, tho
night watchman at tho eastern cntranco of tho tunnel,
has beeu suiuiuonod to appear this evening. His state
ment, us delivered to a Hkkalu re|>ortcr ami published
in yesterday's Hkkalu, is prououncod a falsehood
by Mr. McAndrew. It wus a grout part of Stanton's
duly to look aftor the powder house. The police
authorities uro convinced that Stanton Is In possession
of Important information. OlUcor Keenan, ol tho
Third product, wus brought beloro the Chlof of Police,
ami ho testified that he saw three men in the vicinity
of the explosion throo or four minutes beloro
It occurred. The namoa of theso mon are |
withheld from publication lor obvious reasons, j
Wlieu asked If ho had heard a pistol shot ut the mouth |
of the tunnel shortly before tho explosion he repliod in I
the nogutlve. The ?vidonce thut sevoral strikers were
lolteriug round Mr. McAndrow's ro*ideuco duriug the j
ovetiiug in a suspicious maimer was corroborated.
There Is a rom irkablo unanimity of opinion among
tho diro;tors and olllcers of tho railroad company on ?
tho |K>int that tho exploaion was tho work of a mali
cious scoundrel. Superintendent Oakley desires to 1
correct a statement regarding the possession of the j
key ol tho magazine on Saturday night. Ho
says that when the cxplos.ou occurred i
the key was In tho pnttmtstou of Reynolds, the tune
keeper* who did not roturn it afler tie had taken a sup- j
ply ol cartridges in iho afternoon. At tho same time
ho reaffirmed tho opiulon that tha key was perfectly |
safe in Reynolds' custody.
TUK STKIKKKS WKAKKXINU.
Two gangs ol the strikers returned to work in tho .
tunnel yesterday. Tiiero are tllteeu or twenty ml>- i
chtevous characters who expressed a wtlliugness to !
return to work at the old rate of wages, but Mr.
McAndrow refused to admit thorn. '"Ou no account
will the promoters of tho strike bo allowed to roturn,"
was his stern replv. One 01 the gangs which returned
was headed by it man named Keegun. who oxpressod
regret on behalf of his mou for the foolish step they
had lakon. He cudeavorod to intoroode for othors, but
without avail.
WHAT TUX STKIKKKS WANTKD.
Mr. McAndrew was naked yesterday to explain his
position toward tbo strikers, and he repliod as follows:?
"Up to ihroo months ago the men ou the bencbos and
headings were receiving $1 60 a day, and the 'muck
ers- $1 60. The wages were then reduced to
$1 '25 por day lor all the men, on
account of the severity or tho tlmos, aud i
thu men submitted wltbout complaint. About tho 16ih :
of April somoof the inou who were experts in the ;
'beading' busiuess applied lor an Increase to $160.
To this Mr. McAndrew consented and llxed the 1st of ;
May lor the new ralo. Tho ?inucKera' made a demand
lor the same rate, to which tho contractor ,
refused to accede. Now In Baltimore, where ]
a tunnel soven miles in length is boiug conducted,
the men rueeivo ouly $1 25. I have hitherto ret rained
lrom oxpresslng my dissatisfaction with the manner m
which u great number of the man in my employment
nttcuded to their work. Many a time when 1 entered
tbo tunnel I saw tho men runniug urouud doing noth
ing. with tueir lights Dickering like fairies in the lorta,
uu'l when they saw mo they would sneak behiud un
othorguug and protend tney wore at work "
Tne mauulacturers of tho rend rock powder state
that tbey are familiar with ttio locality and the circum
stances relating to tho strlko against the contractor,
and remarked that there Is "not a ehaneo lu a thou
aand that the disaster occurred otherwise than by
designthat rend rock explodes only under definite
conditions, such us having a fulminating cap on tboend i
ol a lute, with confinement. If set tiro to it don't i
explode, hut burns slowly. There must bo imparted i
a certaiu degree of heat. The manufacturers have had
powder on hand lor lour year*, aud tests sro regularly
applied without showing any situ ut deterioration or
chciuical change. It has been in constant use at tho
mines on Lako Champlaiu lor years without an acci
dent or any sort At the Bergen Hill magazine it would
onlv have boon necessary to loreo a cartridge beneath
tile'foundation, witn a cap and fuso attached. They hc
lievo there could have bceu only a stnpll quantity of
powder on hand?not more than two cases, or AX)
pounds?as the contractor had not been supplied latoly;
and us the work was ucarly liuisUod. but little was re
quired. The workmen employed thero all assumed to
know much more than they chose to tell as to tho
cuuso ol tho explosion, using sly winks and slgus among
themselves whero words might be Indiscrot They aro ;
believed to have a correct understanding of the case
beyond a doubt.
IIODOKKM Ml'FFKKKKS.
I.ast evening a meeting was held at Otto's Cottage
Garden, lloboken, witn releteuce to tho question wno
should pay lor tbo dauiaue inllictod oy tho explosion in
Hobokou. Upward ol J00 peopie were present Tho
meeting was presided over by Mr. t harlot Spielman
Mr. H. I> tierdts acted as secretary. Addresses
we're mode by Matthew Couklin aud
Samuel t? Derrnksou, Jr., who represented
(bo sufferers ol Uobokon. They stated lu substance
that they would uacertaiu on whom tho responsibility .
rests for permitting the storage ol the combustibles lu |
the city iim its and whether the agreement in regard to ,
the storage of tho explosive material had boou violated.
Alter some dlscus<ion Mr. tienlts moviM that ?
a committee ol seven l?e appointed from among tho
?heaviest losers, whoso busiuess it should be to aaoer- I
tain the amoiiut ol damugo doue and roport at a future
meeting. The lollowtng gentlemen were named as
such committee:?ttornard McCioskey, Matthew Conk
liu Patrick Landergen, 1?. H.mgas sud Johu McDeruiott
WUAT HKKSIIIKNT SI.OAN SAYS.
A reporter of tho Hi.halo called up?n Mr. Sloan, tho
President ol the De.aware. Lackawanua aud Western
ltaiiroad Company, yesleiday to nscerlalu his views iu
regard to the cause I>r the explosion and wliat action
the railway coui|uiny propose taking in the premises.
Mr Sloan said tho mailer ol storiug und caring lor tho (
powder and other combustibles lioco.-sar.v lor tho j
prosecution ol the work now going on at tho tunnel was .
wholly iu tho hauus of iho contractor, and mono
sense the companv bad nothing to do with it. llo
said, however. that tho railroad company will
make a thorough examination of the whole atlair, and
will spare no pains to bring tlw guilty parties, il any |
such ihore l>o. to Justice. Ho knew nothing ol the
cause ol the explosion olher than what had boou pub
lished in the papers; nut ho thought, from the fact of
the contractors having had a deal ol trouble with tho
strikers, that some of them had sol tire to the com
bustibles as has liecn charged. Tho most of the dauiaiio
done. Mr. Sloan said, was sustained by tho company,
as all the buildings near the scene or the explosion,
aud which were damaged more than any others, aro j
owned by them, tho road having tieon composed to buy .
theui to gain thu rigm ol way.
As (or the contractor, Mr. Sloan thought he had lived
up to all the requirements of his ugreeinenl. He had
permission lrom Iho city authorities or Hobokcn to
sloro the |a>wdor woero he did. aud as lie kept il in a
brick building and well guarded by a private watchman
he (Mr. Sloan) did not see that mole could bo done.
Mr. Sloan had never heard that It wus ever found
necessary lo datnpefi tho |aiwder in question to prevent ;
spontaneous combustion.
lu regard to offering a reward for the apprehension
ol the guilty parties in connection with the disaster,
that was a matter properly belonging to tbo contractor;
nevertheless Mr. Sloan had -em word as soon ns the
news ol the explosion reached hiui to offer a suitable
reward ou bchali or tho company. In tho matter or
suits lor damages, il any uro brought by parties having
sustained injuries to persouor property, the President :
w is not clear as lo w no would ho held responsible, but
presumed the contractor would.
VIKWS or MKAIIKST XMtlHUOHS.
As was staled lu yesterday's Hkuald, tho residonts
on I'altsadc avenue have lor a long time beeu protest
ing against the magazine being loft in a position
which, in the event ol nu explosion, would expose iho
neigiiLoring houses lo nlmosl certain desli ucliou. Mr.
Charles line was oue or Hie most prominent ill opposing
the privileges granted to the railroad company
mid the contractors in placing the powder
h<>uso on the site it occupied. Ho and other
gentlemen stated to a reporter that tho mass or
explosives contained In Its precinct* might be subject
lu the action ol icni|>eruluro to au exteul apt lo mako
the vicinity unsafe, and. Iwsldes, the place might tie
uiiwatched and so lie accessible al uuy limo to parties
maliciously inclined who might graitly a personal
grudge si the expense ol all tho rcslduuls in the
locality. A baker residing In the neighborhood stated
that lie had heard many people speak of the maira/ine
aud the disaster that nnshi aiiv day occur lrom some
oi tho workmen conspiring against the bosses.
The disposition ol tha bricks and mortar or
which the structure was buili admitted
ol their boing easily displaced, and any
one bent on luischlef could readily alt ich a fuso thai
would carry destruction with it This gentleman and
various laborers who had fraqueut occasion to pass iho
place al night said that they had Irequently boon near
II al a late hour aud bad nevor seen any waichm.in in
charge. Tramps and drunkards had often sought the
shelter of its walls, and uo OM had ever been present
to drive them on. In fact, ?o unmindful had tho
proper, authorities been of guarding the magar In*
that a knowledge ol ?h use wus known >nlj
tu people livntK in the immediate neighbor
hood, and tlie-e. from bring habituated to It, ba4
generally overlooked the necessity of iuqoirtn|
if the conditions of the permit granted tba
contractor by the city to store "rendrock"
there bad been observed. Tbe result w?ta tbat
no watchman was detailed specially to guard
tbo building as the Apnlatious or tbo permit pre
scribed, and it waa wiium the reach or any oue wba
cared to apply Its store ol aombustibios to neiarioui
purposes. On tbe day or the explosion th?
report was generally circulated that a man
naiued James Staunton was Intrusted witn
the charge of tbe magazino, and wax to atteud
it at all hour* of the nigbt. A visit to Mr. Staunton,
whs was found in tbe bowels or tba earth, patrolling
the tuuuoJ and attired lu a costume suggestive ol
Cornwall mines, dissipated tbat rumor. Suuutoa
stated tbat his duty was simply to nn.ve Irom shaft to
shaft underneath the ground and keep a lookout at tbs
mouth ol the tunnel. He usually bad occasion to past
the magazine on coming to his post, and then he wai
accustomed to take a look ?i it mad see It evjrythlni)
was all right, but he Had not been detailed to keep
guard over n barring tbe night, and on being questioned
did not seem to know who did officiate m 'h*' '?%
>city.
"BENDBOCK" POWDER.
J,ast Friday Mr. J. R. K.ind, or the Arm of J. R. Rand
& Co., tbe manufacturers ol the "rendrock" powder,
whicb caused such a terrible explosion at the Bergen
tunnel on Saturday night, made arrangements to try
some experiments as to tbe value of tbe powder la
tearing stumps of trees out of tbe grouud. Tbe experi
ments took place yesterday about eleven and a hall
miles from Jersey City, contiguous to Stilt's station,
which Is on the line of tbe 1'aterson and Newark
branch of tbe Erie Railway. Tbe place seloctod was I
clearing belonging to Mr. Thomas \V. Suite rlbwaite, ol
So. 50 Clinton place, Xew York, who owns about 150
acres In tbe vlclnlt/ and who tulends to make a park
of the location wbero the experiment* were tried.
Mr. J. R. Rand, Mr. C. 11. Scott, the agent of the com
pany, and the IIkkalu reporter arrived on the ground
selected about lour o'clock yesterday afternoon and
found a number of laborers at w ork digging out stumps
of old tree*. Mr. Salterthwaito and several property
owners ol' the neighborhood were also presont.
Stumps of oak and chestnut trees wero selected for tha
trial. Holes an inch In diameter baviair been bored into
tbe top roots of these, Captuln Scott, who conducted tbe
olecranon, produced his terrible powder, which, by tba
way, luy In the rour par|0>f the buggy lu which Mr. Rand,
Captain Scott aud tho reporter rode for over five miles,
boinewhui to the reporter's surprise wbeu it was taken
out. This "rendrock" powder was done up In
cartridges containing live ouueos each, and to show
bow safely It could tie handled Cup lain Scott took oue
of these cartridges, threw it against a rock
near by and then kicked It in tho air. Tha
method of exploding tbo powder was then
oxpluiued. A fu.-o wiu brought out uboiit two feet lu
length, and- a cap containing I'uiiiiiuaiiug powder wal
tlx jd upon ouo end, which was llion inserted into iba
cartridge, winch was covered with oil paper. Due ol
these live ounce cartridges was then placed in the lioit
made at the root or one or tbe stumps. Tho fuse wai
lighted by Captain Scott, and every one presont rau for
a tree, Irom behind which he peeped uuxiously while tba
fuse burned. A loud exploslou wu., heard, "and pieces
ol the stump weighing tnree aud four pounds each wer#
thrown in every direction lllly leet lu the air, hut nobody
was hurt, thanks to the sheltering trees. Uu o\aiui
nation it was lound that the stump selected bad been
Toil* TO HI Kl'KS,
but not Tully uprooted. Several others were tried sub
sequently Willi greater success. Oue in particular, a
lougu oak sturup, was bored through to its ccuire.
Captain Scott placed iu the hole two cartridges?ten
ouuees of tbe powder. Wbeu the experimenters re
turned alter the explosion they lound that it had beon
taken completely out of the ground, roots and alL
- It was then proposed to try its eil'ect on stone. Three
cartridges were placed upon an imbedded rock and
covered with clay. The fuse was lighted, but this time
the spectators ran tor the trees with unusual vigor,
evidently not wishing to have a piece af rock uncere
moniously deacoud upon tbe to|?e ol their beads, Bui
the expUnlon look place without any great elloct as far
as casting rock into tbe air, as lis lores seemed to ba
directed downward altogether, aud It
srur TIIS ROCK,
bo ibat it could bo removed by one man with little
trouble. To further show tbe nature of this powder a
quantity was laid upon a stone and a lighted malca
applied 10 It. It burned quietly, like ordinary gun
powder, without any explosion whatsoever, in luot,
the experiment proved pretty satisfactorily that tha
powder would not explode without tbe cap containing
tbe lulintnaling powder, which produced the necessary
concuss tou.
It waa urgaod by Mr. R;ind and his agant that, alter
tbo exhibition made or the powd<?r and iu cflbcta, thora
could bo only oue conclusion arrived at aa to tha
cavsk or mi explosion
on Saturday night?that some one couneotod with tha
work on tbo tunnel and lullv acquainted with tho man*
uer of cxplodtug the powder must bare operated on th*
twenty kegs stored in the magazine on Borgou Hill.
A PARCEL OP EXPLOSIVES.
A DANOBBOtffi CHABQB IHTBTT3TED TO A RKS?
TAUBAKT KIEPED BT A MYSTKBIOU8 MAW.
Yesterday morning, vhile an oMcor of the Fourth
prooioct was patrolling his beat he noticed Louis Kupp,
a restaurant keeper, of No. 16:1 William ?I root, carrying
to the sidewalk a curious looking bnuillo, which h#
seemed anout to expose In the guttor. When ho drew
noar euougb to distinguish the contents of the pare*'
he saw with surprise that they were largn cartridge
Ho questioned Kapp and endeavored to provent hiui
throwing in the street what must be dangerous ex
plosives. and as the latter expressed his intention
to lot them remain no lougor iu his house the
officer took the man and the pared to
the station house. On being interrogated ha said
that almost a year ago a tail man with a dark mus
tache, who scorned from his appearance to be a mar
iner, entered his place and called lor a glass of bear.
When he haa ptld lor the beverage he took front uuder
bis arm a paper parcel and left it on the counter, re
questing the proprietor 10 take care oi it till his re
turn. The parcel was placed on the upper shelf of I
closet lit ibe barroom and permitted to lie there till
this morning, when, on taking it down, the paper wal
torn, <lii-playtng its contents. The memory ot the Bor
gen explosion was ripe in Mr. Kapp's mind, and h?
resolved the explosives should remain no looser in bit
house. The police relieved him ol bin diiugeroui
charge and sent the bundle to th i Bureau ol Combus
tible*.
POST OFFICE REPORTS.
The report of deliveries and collections in the Poal
Ofllce by tbo letter carriers ol this city during th<
mouth of April includes the following Items:? Ctrrten
employed, 4-"J; delivery trip*, daily, 8; collection trlpa. -j
daily, 13: registered letters delivered, -O.'JvJ; mall let
ters delivered, 3,7lH),fi67; mail postal cards delivered,
1,ins.447; local postal cards delivered, JSU.U'JU; news
papers, A:e.. delivered, VM.V9i\ letters returned to the
Ofbce, 34,821; letters collected, 4,837,150; postal card*
Collected, 578,440; newspapers. 4c., collected, 31ti.752.
Total pottage on local matter delivered, $87,5*11 31;
amount paid carriers, $3(1.040 53. *
MANUAL FOlt LETTEll CARRIERS.
Postmaster James has compiled a manual of lustra*
tlons for loiter carriers, which were formerly verbal,
and consequently not considered imperative or oblig
atory. They were published and distributed to tho
employes yesterday. In addition to the general regu
lations, a number of special Instructions are given on
punctuality, obedience to orders, promptitude and
lldclity in deliveries and collections, propriety in de
meanor ami language while on dntjr, and neatnoss il
per-on and dre.-is and tho acceptance of gratuities li
forbidden.
A DETECTIVE'S CABLE DESPATCH
Metectivo Thomas Sampson, of the Hew York Slock
Exchange, telegraphs from London, where he Is ai
present looking lor tho forger Gray, the followio|
despatch to tho Stock Lxchango Board:???Louisvllli
officer* after Ktvers. and Boston officers alter Wiuslow
and sell nonplus ed at turn in affairs. Saturday ft-nm
and I'ail Mitt Oairttr sido witn us; try nnd stir up
New York papers to pre** lor early settlement Pres
ent condition of things a luxury to rascals and expense
to both governments, and ties oor hands."
ANTI-USURY MEETING.
The seventh annual meeting of the American AntW
Usury Society was held at Sctonce Hall yesterday.
Mr. ltd ward Palmer, the President, submitted as tho
sense ol the society propositions declaring interest os
money an uurighteous tax on labor and demoralising
in its effects upon both borrowers ami lenders. It W.
Hume. K. II. Hcvwood, J. K Ingalls, Mtephea Pearl
Andrews. Thouias Davis and others took part la IhS
discussion.
RAPID TRANSIT FOR BROOKLYN.
TUB ALPBBWBN Oil ANT A (IIAXOI OF BOUTB TO
TH* F.LF.VATF.I) RAILWAY COMPANY.
At the meeting of the Brooklyn Common Cound
yesterday afternoon tho Committee on Railroads, M
whom was referred the petition of the Brooklyn Klo
vatoil Hallway Company asking pertulsslou to operaM
their roail through certain streets aud avenues, ro
ported in lavor or grnutiug tho desired Irancblsc. Tlw
road is to commence on Water street, near the Kultol
ferry, running thence to Pearl streot, tl r i n Willoni. li
by street to Mold street, aloug tho I nor strett t > i*
Junction of Dehialb avenue and Kulion .? .i, .ina sino|
M scomber >qu?re and HeKalti avenue to <.i ..> at. line,
thence to l4Xi?|tvi avenue, to Uroudw.iy, to tho citr
line. Permission is also given to iqwrate a branch
commencing at tho Junction of Sands aud Pearl streets,
and tlieuce aloug Sands to the Now York bridgs. ThO
(rauehise alio accords permission to cross Said bridge*