4 ; VOL. XXV. RALEIGH. N. C SUNDAY MORNING, APRIL 15. 1888 NO. 84 it ul I 1 1 It rlt AM) Ir1. ER Absolutely Pure. this rowler'never Yarles. A marv1 M porky, s&rength and wholescmene "More eoonoWiicaJIthan ordinary kinds, and saanot b old in competition with the multitude U low test, short weight, lttm or ph&pbate powder, told only to ans. Rotj. Badh Powdk Co., lw WsUStreeti New, York. . Sold by W. O. A. B. Staronaoh, and j g y snail A On. ; f Kei , uff- r is earnestly requested to try it and they wiUcknowlede it to be A WlXDERFlL MEDICNE Fa a Weak-Stomach, Impaired DIMi j Aad PUordera of th Irlrer. It aets tike mielc,' and a few doses will; be (ootid to found to wok wonders upon the most lmpjr- organs oi me nnman macnine. "I bCYe used Btmmons Urer ' Regulator many years and consctantously say it is the King, of all Liver Remedies, I eooftider it a medicine chest ItseuV' J, H- Pabdkhbb, Suffolk, Va. B Hat IbpmhI I7pa.' RiialMi Thai Vn t.t tMm Gtidn Distinguished from all frauds and imitations by oar red TrMe-Mark on front oi wrapper, ana oa tke side tn seal and slcnature of Zellin Co 1 IMMENSE m Ton THIS WEEK AT WOOLl OTT & SOP, 4J 14 Eas Martin Street, 3,000 Pjir children's b'.ack hose ICo a pair, a rargvn at zuc E bglish suitings 12 l-9o a yarJ, entirely new aeiifoa. poplins 7 t-jo a yard. 1 j .Sf ns 10c tnd 12 l-2o a yard. '00 i a'rs lidies' gaiter., ?5o pair, A 00) yards tprirg di&U cloih 80. 85 and I i 50o, jut tb e t iin for the boys. III QiDgha-ns 71- 4c a yard. new lindf faahionable prints 5 and 7 l-2c a yard. if few more remnants of prints at Se a ; yard. w riting pds for school children ..... lei - j 4c, ocanawc. 'I 1000 bottles Bixby's sh'os polish, the bes ; make at 9c a bottle. : Come to kalriee. Nebraska. s Cheap homes, mild climate, rich soil. Sod school-, population, 10,000, will uble in two years; values will also double. Will soon be chief manufactur ing city in this State. Immense water power; Eight railroad outlets, with oth ers surveyed or buildinar. Come, take I advantage other magic growth, Excur Vsions from jail Eastern points at half rates. For Circulars address I. i BOARD; OF TRADE, Bwtrice. Neb I - -S : ' WW . 1.1. Mj.ntAjt n.. ll f OUDK nill Willi inrit uc mA.iwu. viic wit Hnu tn .r4 .null office to represent Us In his NKWYORt K'F'GCO., 36 Broadway,, t. I- CONGRESS. PROCEEDINGS YESTERDAY IN SENATE AND HOUSE. LIVSLY DfSCESSIOX IN THE HOUSE ON THE xarie- the nous af-pbopbia- ! ; BILL. Washisqtox, April 14 Hquse. Mr, RanHall, from the committee on appropriations, reported the jegisia tive, exreutive and judicial appropri ation biH, and it was referred to the committee of the whole. The cpmoiiiue on Public jLands repioratfid back the Senate bill; to re lieve this purchasers of, and tolindem nify certain States for swamp and over flowed lands. Referred io com mittee of the whole. A bilfwas reported and placed up on 'the calendar for the erection of a' public building at Oaarlotte, N- C TThe pjB.'jsion committee reported with amendments the Senate bill granting pensions to ex-soldiers and sailors ho are incapable of the per formance of manual labor and pro viding pensions for dependent rela tives of the deceased soldiers and sailors, i This bill was referred to the com mittee of the whole. In the morning hour the House in committee of the whole took up the billj authorizing the Secretary of the Treasnry to settle and pay the claim of the State of Florida on account of the expenditures made in suppressing Indian hostilities. A clause of the bill provides that any balance remain ing du of direct tax be held and treated as a proper set-off against tho claim of the State of Florida. The hour was consumed in reading the report, which is a long document, and a brief statement by Mr. Mansuer, of Missouri, as to the outbreak of the Indians ii Florida in 1857, the sup pression of which was the foundation of (he claim, and the bill went over without action. The consideration of the ''home stead" fill having been postponed until nejt Saturday, the House went into committee of the whole on the Indian appropriation bill. Mr. Perkins, of Kansas, said that the bill presented no new features, but it did contain a provision for the payment of the Chocataw judgment. The claim of the Indians had been re ferred to the Court of Claims which had rendered a judgment against the government and that judgment had been affirmed by the Supreme Court. This judgment, amounting to $2, 800,000,5 was now drawing 5 per cent interest! and he could . see do relief forj the government except by an act of repudiation. Therefore the com mittee on Indian affairs had provided in the bill for the payment of the judgment. Then passing from the subject Of Indians, Mr. Perkins ad dressed himself to Xhe question of the' tariff, his remarks being di rected principally to replying to what be called the recent free trade speech of Representative Nelson, of Minne sota. In the course of his speech he sent to the clerk's desk and had read, for; the purpose of showing Southern sentiment on the subiect oi free trade and labor, extracts lrom the Confwd- eraie ixmsuiuuon, wmcn iea to an inquiry from Mr. Allen, of Missis sippi, ae to what Democratic plat form the clerk was readin&r from t Mr, Perkins criticised the Mills biH'l as striking down the products of the fieLd and putting the laborers of America in competition with the la borers of the old world, except, per haps, in the case of the rice growers of the South, and m the case of those who were binding cotton and who go( their iron bands free of duty, while the northern farmer must pay a dnty on hoop iron for hooping nay. Me hoped that in the coming debate there would be no hypocrisy. He hoped that the mask of hypocrisy would be removed and the hideous face of free trade exposed with all its deformities. While Mr. Towneend and Mr. Springer and others had been allowed to indulge in ipla'itudes, gentlemen from the South had been admonished to sit still, but he hoped that now they would demand to be heard. They gate to the Democratic party 15 elec toral votes and it was well that they should pe consulted. After they had hiipusterea against a bill which pro posed to pay $17,000,000 to north ern States, it was right that a Demo cratic House should surrender to them, (spplase). Mr. Allen, of MississiDoi. thought that it was a great pity that the gen tleman from Kansas could not get his head out of a cupboard and walk squarely up to the issues: of today in stead cf going back to slavery and rebellion, and reminded him of a story of two men.who when traveling went to sleep in a room with a cupboard in it. In the night one asked the other to look out the window and see what kind of day it was going to be; the latter by mistake- opened the cup board window and after looking around awhile exclaimed, "it is dark as h 11 and smells like cheese. Laughter The gentleman from Kansas, instead of getting his hsad out into the daylight of 1883, bad got it into the cupboard of rebellion and everything was dark as! h .1 and smelled of slavery, (Laughter.) It was to the credit of the Democrats of the House that they had something better to talk about than issues which had been dead for twenty-five years, and if any Demo crat got up and instead of discussing living 'issues had nothing to talk about but dead issues, he hoped that he would be expelled from the Dem ocratic side and made to take a seat bebide the gentleman from Kansas, where Le could stick his nose into the cupboard where the gentleman had his- (Laughter.) The gentleman had read from the Confederate Constitu tion. Did that gentleman know that it was twenty-seven years since that Constitution had been adopted. That Constitution and what it contained were net matters of interest even to the people he represented and to the people represented by the gentleman who had reported the bill. ;Mr. Perkins suggested that those .entlemen had been born when the Constitution was adopted, andhosim ply wanted to know whether their sentiments had changed on the ques tion of free trade and laVr. Mr. Allen declared tuat the ways and means committee was not in favor of Blave labor. They all liad as much respect, for the ' white labor in this country as had the gentleman from Kansas or any uthcr person who would vote agim.-t i);e A. "How about'; black laboit'j atked Mr. Perk us. "It is as-free ;'uu 1 iud penileLt ' white labor: in K9 replied 1 M Allen. "How ub Mr. Perkins voting7" fien q eried Mr, McMilliiD of Tennessee: vote a3 iLey pkf.so.'' hey Mr. Pei km: How about chain- gangs ia Arkansas 'aud Texas?"' Mr. Allen I -kfjow this, that there is no law in Mississippi or Arkansas tLat decs cjnfigi) white felons to the chain gsn just as quickly as black ones, nod if the gentlemen were there I don't know what his prospects would be. Laughter. Mr. Joseph, of New Mexico, ad dressed the committee in favor of the admission of Ne .y Mexico as a State in the Union. - The Indian bill was then considered by sections. An amendment was adopted adding '$20,000 for an inde pendent band of Sioux in Minnesota. No other affirmative action was taken. Without finishing consideration of the bill the conimitte rose and the House at 6:10 adjourned. Explosion of Powder. By Telograpli to the tJews and Observer. Montgomery, Ala., April 14. A. box car containing 0co hundred kegs of powder standing in the X. & N'. R R. yards here blew up today. The en gineer on a passing switch engine noticed the car smoking and he and the fireman iumped off and ran out of the way. About that time the explo sion occurred, jehaking the wboje town to a distance of a mile. Win dows were broken half a mile away and plastering was shaken down in the upper stories of tall buildings at a greater -distance. A negro scar coupler standing near was blown to pieces. The loss is about $1,000. The car is supposed to have caught fire from the sparks of passing en gines. The powder was consigned to Mc Cormack& Richardson, of Eufau la, Fla. Sailed for ;Llverpool. By Telegraph to the Kews and Observer. New Yobk, April 14. Henry F. Gilleg, manager of the suspended American Exchange of London, sailed for Liverpool on the steamer Euter pie, which left ? early this morning. His counsel, Mr. Cromwell, says he was called to London by telegrams. Mr. Cromwell attributes the failure to the run of nervous depositors and the uneasiness :was caused by the newspapers chaffing Mr Qjlleg, because of the series of personal'' diffi culties in which: he was recently in volved in New. York with a man named GambelL and which notoriety was misunderstood and misconstrued by the foreign newspapers. Broke Out la Hew Plaee. By Telegraph to the Jew and Observer. Minneapolis, Minn., April 14. 'A Journal Winnipeg special says T Wm Cameron, the teller of the Union Bank, Bkipped off last night He hired a rig and drove to the bounda ry line. The police have been mak ing desperate efforts to prevent his getting across. He has been leading very fast life, and got heavily in debt. The amount of his stealing is estimated as high as $38,000, but the definite amount is not yet known. It is supposed that Minneapolis is his destination. Fatal Accident. By Telegraph to the News and Observer. Woodbcbt, Nl J., April 14. Con stable Jacob Yearick, of Red Bank, is one of the "death-watch" over Geo. Dunham, in jail here for mnrder. His wife visited him today, and as they sat side by Bide; on Yearick'a cot in the jail corridor, Yearick stooped to pick up a book. : His heavy revolver dropped from his pocket upon the stone floor and was discharged. The bullet entered Mrs. Yearick'a heart, killing her instantly. Total Visible Supply of Cotton. By Telegraph to the News and Observer. New Yobk, April 14 The total visible supply of cotton for the world is 2,565,540 bales, of which 1,951,254 bales are American; against 2,001,714 bales and 1,986,414 bales respectively last year; receipts at all interior towns 18,710 bales; receipts at the planta tions 14,739 bales; crop in sight C, 578,163 bales. ; Slcumer Sunk. By Cable to the News and Observer. London, April 14. The Norwe gian Bark Norma, Captain Thornton, from bavannah .March 5, for liotter dam, was sunk in the channel last evening by collision with the steam er Bremen. The latter put into Do ver. She is badly damaged. Norma's crew were saved. Weekly Bank Sate men t. By Telegraph to the News and Observer. New York, April 14. The follow ing is the weekly bank staiemnt : Reserve increase, $224,550; loans decrease, $1,062,600; specie increase, $1,171,000!; legal tenders increase, $1,792,400 depositsincrease, $2,859, 000; circulation increase, $30,900. The banks now hold $10,870,425 in excess of the 25 per cent rule. Kmperor Frederick Better. Berlin, April 14. The Emperor Frederick had a good night- This morning he read a report, from Col. Aldey dill, and afterwards drove in the Lustgarten. Falls to Honor Drafts, London, April 14. The branchoffice at Queenstown of tie American ex change in Europe has failed to honor a number of drafts including one United States Government ; draft which was presented by the consul. -. -4 ..... Fk Staltroad Men. The editor of pur Railroad Men, Nor folk, Va., stales that an old friend who had a chronic cough could find no phy eician or remedy that would cure him until he tried Taylor's Cherokee Rem edy of Sweet Gum and Mullein. STILL IMPROVING. MR. CONK LING PASSES AN OTHER COMFORTABLE i NIGHT. he ; r. r..-sa uui-ixf as feelino HOI i TUL THE ALARMISO SYMPTOMS i i.-ui rr.u; and he BE6TS com- r btablt. By Tegrap': Nr'w VuIlKi passed mi til i quarter psi News and Observer. April 14 Mr. Conkling i -co iii for table night. At 'i; mi e o'clock Doctors Brkt r u.u $- liinv i son called at the qouso. They r:'nained in the sick room abut a qaarter of an hour, wher Mr. Coi.kliiig said : "The alarm ing symptoms whu-h exhibited them selves yestereUy "have entirely disap peared, so I feel very much reassured." Mr. Conkling passed a comparatively easy night, although he is a little weaker this m rning. He slept most of the time during the night. When he wakes up; be appears to be much more intelligent. Dr. Sands dressed his wound. There was a slight mark of puss. Mr. Conkling's pulse was 92 and his temperature 100; respira tion natural at about 18 when he slept and 20 while awake. BTANIV. FARMING THE FINEST WHEAT 15 THE WORLD TRANSPORTATION ALON9 THE ROUTE ALBEMARLE - RAILROAL POSSI BILITIES CROP PROSPECT NOTES, TC., ETC. Stall Correspondence. April 14th, 1888. A TBIP TO STANLY COUNTY. Stanly county was named in honor of Col. John : Stanly, of New Berne, the father of Hon. Edward R. Stanly. Col. Stanly was one of the most prominent men of his day in the poli tics of this State. This county lies on the west side of the Yadkin river, and is bounded on the south by the Rocky river one of its largest tribu taries it is touched on its several sides by the counties of Rowan, Davidson, Montgomery, Union and Cabarrus. Its soils are divided from the clay and. chlorite slates of the great central slate belt of the State, and are gray and gravelly loams or red clays, ac cording as the underlying rock is of the former or of the latter descrip tion. . The forests are mostly short leaf pine and oak. Its surface near the water courses is generally much broken. The southwestern portion of the county is characterized by com paratively level tracts of gravelly lands, covered with extensive short leaf pine forests, subordinated with a growth of oaks. : 1ARMINO. The last census shows that the cot ton is about of equal value with that of the grains, of the county, an area of 21.21 per cent being tilled land, of which 10.02 per cent is cultivativated in cotton. Stanly county produces THE FINEST WHEAT IN THB WORLD. At the World a Fair at Vienna, Austria, a Jew years ago htanly county was awarded the premium for the best wheat on exhibition against all competitors. The wheat exhibited on that occasion made seventy-two pouuds of flour to tho bushel. The general average in the county yields from 65 to 70 pounds to the bushel sixty pounds bemg the rule in esti mating the quantity of flour produced from one bushel of wheat in the wheat and flour markets of the world The slate lands of Stanly are pre eminently suited to wheat produc t on, though they seem to the eye of the traveler to be exceedingly poor and thin. MIKINO is carried on very extensively in this county. The western strip of mining territory is adjacent to Gold Hill and is comprised in the belt stretching from Davidson to Union counties. The mineral localities in this belt in Stanly are not less than twenty in number. The ore assays have panned out all the way from $8 to $300 per ton, this latter amount coming mostly from "pocket" mining. TRANSPORTATION facilities are very poor and difficult in Stanly. Except on the ridges where the slate rock crops out the roads are badly cut up at this season of the year by the wagons which are con stantly hauling heavy machinery to the rivers in this and Montgomery counties. Concord, in Cabarrus, and Salisbury, in Rowan, are the shipping points for Stanly, and these places are about thirty miles from the coun ty seat, j ALBEMARLE. This little village though isolated from the outei world as regards rail road facilities, enjoys many of the advantages of its more favoted cous ins. Its people are refined, cultiva ted and exceedingly clever, and num bers among its citizens some of the best men and : women in the State There are several denominations churches here, Methodist, Lutheran, Missionary Baptist &c, and a most excellent school which is .liberally patronized.; RAILROAD POSSIBILITIES are much talked of by the people of Stanly, the county having not long since voted a subscription of one hundred thousand dollars to the proposed line from Bristol, Tenn., to Southport (Smithville), N. C. Messrs. Bellsmier & Austin, of Philadelphia and N iw York, were at Albemarle this week oh a trip over the line gath ering statistics in this and the differ ent counties through which the road will pass, in order to ascertain the probable amount of freights and other business this line could control. Other lines are also talked of, but the probability jof their being built in the near future! is not promising. No people id the State need railroad fa cilities more than those of Stanly and Montgomery counties, and it is to be hoped all this railroad talk wid cul minate in something real. ALONG THE ROUTE whicli the writer traveled from Salisbury, the point of leaving the railroad, to Albemarle, the undulat ing fields of hill and valley covered with wheat, oats and rye in all the verdancy of Spring, oftentimes mak ing a picture of the most picturesque beauty, while on the opposite side of the road the woods would be a varie gation of the red bud, dogwood blos som and young green leaves just be ginning to unfold themselves after nature s winter of dormancy what a wonder is nature. THE CBOP PROSPECTS in Stanly and adjacent counties are exceedingly fine, the wheat and other small gram crops are looking very well indeed, and but for the chronic grumble of farmers times would not be so bad as they seem. Did you ever think of it, reader, that if men of ether professions were all the time talking about hard times and their own poverty and the difficulty in making a living, and Low hard it is to make buckle and tocgue meet, how such talk would be ikely to effect the business interests cf the country. Already the poverty cry of the farmer has caased land to depreciate in value, for surely nobody wants to invest money or live in a country where every body is in such dire straights for a living. What we want is more brains and elbow grease, supplemented with untiring energy. Stop croaking, gentlemen. NOTES. ' TLe writer was p easeJ to meet the followitig clever gentlemen this week Albemarle: Col. Samuel J. Pem- berton, T. J. Jerome, Esq. and J. M. Brown, Esq., of the local bar. Hon. M. Robins, of Randolph, Mr. Doug lass, of Montgomery, J. L. Lockhart, of Anson, who is fresh from his great victory in the Stone case- at Raleigh, John Mauney, Esq, of Rowan, Messrs. J. S. Atkins, W- H. Hearn, Capt. D. H. Miller and others of Stanly. We also enjoyed the hearty handshake, pleasant smile, witty say ings and humorous anecdotes of B. F. Long, Esq , the efficient solicitor of this district, who is making a rep utation most enviable, much to the grief and consternation of all law breakers in his district. At Greensboro, on our return yes terday, we had the pleasure of meet ing Capt. James S. Battle, revenue agent, who goes to that place to re lieve Col. Clark, who goes to St. Louis. Capt. Battle has had his headquarters at Philadelphia for about two years and comes brck to his native Slate to the gratific ttion of bis friends throughout the State. It. B. The Man to Beat ilieho's. Cor. of the News and Observer. Mb. Editob : There are men who seem to be specially fitted for special emergencies, and the public is, by no means, slow tn making the discovery, when the emergency arises, who is the man to meet it; and, if the public judgment be not thwarted that man may be made to subserve the public s interest as, perhaps, no other could. For some reason, or other, (it is use'ess to inquire why) there is a de mand, lust now, in North Carolina, Tor candidates who represent the la boring classes Uie mechanics and farmers candidates who can say to the horny handed toilers : "We are of your class we earn bread as you, by the sweaf. of oar brows, bv the use, of .specially is this true in a very large portion of the 4th Congres sional district. The election of Mr Nichols to Congress, over Maj. John W. Graham, is a demonstration of what I say, for, but for the fact that he; posed as a labor man hecould not have swept the district as he did. Mr. Nichols is again a candidate, and the circumstances under which be was elected have not materially changed. His only hope for re-elec tion lies in the fact that he claims to be a mechanic and can better repre sent the laboring masses than a law yer or one who has been a politician, liut Air. jNichois should not be re elected. The district is Democratic and it should have a Democratic repre sentative, and the question which should most concern the party, is "Who is the man to beat Nichols ? Who is the man that can carry the Democratic labor vote and restore the Democratic majority in the Ral eigh district?" I answer that Raleigh has the very man for the emergency, and that man is Needham B. BboughtonJ He is more than a match for Nichols on the stump, while, before the laboring classes, he has that prestige which success in business, as a laborer al ways gives a man. Mr. Nichols has not that prestige. He has not, like Mr. Broughton, always made his living by the sweat of his brow, since the war at least, for most of that time he has been an office holder. For most of the last twenty years he has had the public teat in his mouth and been a suck ing calf, instead of wearing the yoke like an ox and carryiig the burden of life by bis own strength. Mr. Broughton, on the contrary, is what be is by his own : individual effort a laborer among laborers and beloved by not only all the laborers, but by all who know him and have watched his straightforward course in life. Pitch Needham B. ' Broughton aga n8t John Nichols and the fourth Congressional district can easily be redeemed, for, besides the qualifica tions referred to, Broughton, as a prominent Baptist, would create an enthusiasm among the members of that very large denomination that would greatly strengthen the entire Democratic party in the district and in the State as well. Citizen. Fowle In Buncombe. : Ashevillb, N. C, April 13, 1888. Messrs. Editors: "-r Dear Sibs : 1 see by your paper of the 12th that Buncombe's choice is S ted man. This is a great mistake. He is popular and strong, but I have mixed with the people very much of late, and I find Judge Fowle is far in the lead. All agree he has done more and better work for the good of the part.v (and the State) than almost any other, and be surely has been the least rewarded. He can do more to unite the Democracy of old Buncombe than anyone else and can roll up t big majority in favor of honest gov ern men t and white supremacy. Da vidson is the fall choice for A? -tnt General. r H-itX Letter frtm Mr. Argo. Raleigh. N. C, April 13, '88. 12litor JTews and observer ; In the issue of the News and Ob server of the 11th inst., I notice a let ter from Mr. F. H. Busbee, of this city, intended to be, as it appears, ex planatory and defensive of his action in Toronto and here, in regard to the extradition of White and Cross from Canada. Concerning it I should have nothing to say, but for some very acerb references to myself, and the grave and startling errors he makes as to the law. In one portion he says: Mr. Argo may be, as he says, the sole responsible officer, and have en tire and unqualified control of such prosecutions (referring to prosecu tions against l.ross and Y hite) but the current of authorities, as I read them, seems to vest the control of all mat ters of extradition in the Governor of the State."' Agin he says: "He may, if he sees fit, attempt to violate the agree ment that the prisoners should re turn as upon extradition, made be tween the attorney for the prisoners and the attorney of the State of North Carolina, accredited under its great seal, and at the same time vio late the provisions of the treaty be tween Britain and the United Statep, but I hardh think he will." These suggestions lead, naturally to the question; what power or au thority had the Governor of North Carolina to treat and enter into com pact with a foreign sovereignty through Mr. Busbee as minister, or envoy, or even ' in all capacities, or in any capacity 1 By Art. 1, Sec. 10, of the Constitution of the United States, it is provided that "no State shall, without the consent of Congres, enter into any Agreement or Compact with another State, or with a foreign power." By the framers of the Con stitution, and by the courts, State and Federal, this provision was and has always been understood to mean that in regard to all matters of for eign intercourse, the power and au thority of the Federal government were exclusive and supreme. The inhibition upon the power of the States extends not only to the nego tiation and ratification of for mal and technical treaties, but States are absolutely prohibited from having any official intercourse with foreign nations, either by agree ment, compact, "Stipulation," "Cove nant," arrangement or negotiation. They cannot enter into any treaty, agree to the interpretation of any treaty by a foreign authority, nor, without the consent of Congress,enter into any compact either with another State or with a foreign power. The inhibition extends to extradition treaties, and to any action under or concerning them Extradition is a part of foreign intercourse which is confided by the Constitution exclusively to the Federal authority, and in which the States cannot even participate concurrently with the general government. A State is not authorized to surrender a criminal fugitive to a foreign sovereign, nor can a demand of surrender be made, in such case, by a State through any agent or attorney appointed by its Governor or under its authority. As regards all foreign intercourse, by the Constitution of the United States, a State is completely denuded of all authority. All demands for extradi tion must be made by the su preme political authority of the demanding government, by the au thority of the nation, in behalf of the nation and by virtue of power and authority with which the nation is clothed as a sovereignty. Spear on Extradition, p. p. 18, 25, 223; Tay lor vs. Tainlor, 16 Wall 336; People ex rel Frances C. Harlow vs. Curtis, 50 N. Y. 321. Tho only participation that a State can have in extradition proceedings, and that only where the fugitive is charged with a criminal infraction of State law, is to certify the accuracy and correctness of judicial proceedings over the hand of its Governor and the great seal of State to the Secretary of State of the United States, and prefer therewith a request for a demand of extradition. In this short and simple proceeding the Governor acts under rules prescribed and promulgated by the Federal Secretary of State. This done, his agency ceases. There fore, when the certified indictments against Cross and White and the re quest of the Governor for extradition were presented to the proper author ity at Washington, the Governor was functus ojjicio and his attorney, Mr. F. H- BuBbee, was functus "in all capacities." What omciai Handing, tnereiore, did Mr. Busbee have in her British Majesty's Dominion? The Governor of North Carolina would "and could have had none had he been there in propria persona as the representa tive of the State. No power or au thority is or was resident in him to make demand or negotiate for, or "st pulate" or "covenant" concerning extradition. How then by a simple power of attorney, such as would be given a lawyer to represent a cli ent before a justice of the peace, could he delegate that which he "had not, nor never did have or could have? What official standing then, had Mr. Busbee before the Canadian govern ment, or in the court of the police iustice of Toronto? No such ofhee, or agency or place as attorney of North Carolina, "accredited under its Great Seal, to represent" the State abroad in extradition proceedings, is known to American or British or in ternational law; nor is it known elsewhere save in Mr, Bus bee's imagination. If therefore he attempted such fuction?, they were superinduced upon his simple posi tion as an American citizen stopping for a while in a foreign country. The only officers known in extradi tion proceedings are the executive heads, and diplomatic representa tives of the demanding and of the asylum States, and the extradition agent appointed by the demanding State to receive and conduct the crim inal fugitive. Id the case before us, Capt. C. D. Heartt, was specially com missioned by the President as extra dition agent, and was the only person of the three who went to Canada that received, or was entitled to receive official recognition. But he made no "stipulation" or "covenant" in any capacity. The agreement or compromise of Mr. Busbee with White and Cross, therefore, have no effect to qualify their responsibility to a violated law. The return of the fugitives was vol-, untaiy, and not under and by force of an ordir of extradition. Their flight did not oust the juris diction of the North Carolina courts of the crime or; crimes which they had committed. The ouly question is, whether their fi ght and the circum stances of their return operated to oust t he j urisil let ion of their persons, as t6 all other offences than tue three forgeries specified in their csmpro mise with Mr., Busbee. It is now generally sgreed among nations that an extra iicted ; crim nal fugitive can only be tried for the offence specified iu the demand of extradition or the compiaiut. Thid interpretation being nnd3 upon treaty stipulations, it is regarded as an aet of bad faith and a' breacii of compact for tb demanding State, after formal and regular extra dition to insist upon tryicg the .of fender for other crimes. But it is only where the extradition baa been regular, and the proceedings have been pursued to a tiual and orderly termination, and th6 fugitive has been delivered up, thereunder, that the extradit ng goverr-mcnt can com- Elain that its right to accord asylum as been viola ed, or the returned fugitive can claim that ho is clctbed with immunity under the treaty. For as nothing has beei done under the treaty, ihere oan be no violation of good faiCh, nor of duty to the accused. Hence though a criminal fugitive be induced even by fraud, or forced by violence to the sovereignty whose laws he had violated, the courts of such country might take jurisdiction of both the person and the offence ; for by his flight he could not gain exemption from a visitation cf that justice which he had offended; and however he may have been brought within reach of the arm of the law, he could not es cape its imposition. Such is not only the "current of authority," but the es tablished law. If a criminal be amen able for any offence he may have com mitted, if brought to tbe offended S ate, and within its jurisdiction by fraud or force, a futiavi would he be liable to prosecution and punishment if he should return voluntarily. Extradition is defined to be the ar rest and delivery up to the authority of th demanding State of a fugitive criminal, upon and iu consequence of formal demand, after examination of all the evidences by a magistrate of the asylum State, and watrant of ex tradition issued by its chief execu tive authority. 33 and 34 Vict. C. 52, 55, 7 and 10. U. S. vs. Jtauscher, 119, U. S. 418. Ker vs. Illinois, 119 U. S. 436. State vs. Smith, 1 Bailey, 283 (S. C ) S. C. 10 Am. Decis. 679. State vs. Brexcster,1 Vt. 118. State vs. Ross & Maine, 21 Iowa 467. Ia the last case cited the court says,that where a fugitive is brought within the terri tory of the demanding State other wise than by formal extradition, the courts of such State would be gu lty of gros3 injury to the peoplo, if they should discharge the criminal untried. In the ca3e of Cross and White, if any warrant of arrest wero issued at all by the Canadian police justice, it was withdrawn, no examination was had under it, no certification of pro ceedings was made to the chief Cana dian executive, no order or under standing by any foreign officer was made or entered in o, no warrant of extradition was issued, but the fugi tives were discharged, and returned willingly, voluntarily and unbounded, as in two telegrams they had signi fied to Mr. C. D. Heartt their willing ness to do, and as they told him they would do at first sight of him in To ronto; when they said, "For God's sake take us back home." In view of these facts, I hardly think that a collateral, ui . horized, and private compromise .uu Mr. Busbee can stay the (majesty of the law. There having been no extradi tion, no question can arise as to a breach of international com pact, so I hardly think that Her Britannic Majesty's government will make the ignoring of Mr. Bus bee's compact the subject of diplo matic correspondence, or that the Federal Courts will regard it as a breach of treaty obb'rratior ro as to invest them with a . ..p rv.i.y juris diction; but I do think that the law of North Carolina will be allowed to take its due and orderly course. In his statement of facts Mr. Bus bee omits to relate that be met me on the street after the adjournment of the court then in session in Raleigh, told me that the bank examiner had discovered some forgeries, and kindly offered if I would furnish him the blanks and my form book to draw bills and hand them to me, and that he did so, for which I thanked him, and that I myself examined the bills and took them into the grand juiy room. Ha omits further to s;ate that I was kept in ignorance of the fact that the "wires were working" be tween Raleigh and Canada until after the arrest of the parties, and he had very nearly completed his arrange ments to proceed tow Washington City. He omits to state also that extradi tion proceedings are very simple and that after tho clerk of Wake Superior Court had certified the bills and affi davits upon which they were found, and Judge Shipp had certified to the cleik's official position and the cor rectness of his certificates, the whole matter was committed to the Gover nor and to the Secretary cf State o' the United States. However, I have no disposition to detract from such credit as he may deserve for asking the judge and clerk to furnish certifi cates and for bearing the lequest of the Governor to Washington. Nor have I anything to say as to the right of the State National Bank of Raleigh to the $25,000 taken from the persons of the fugitives, and concerning which Mr. Busbee manifested so much so licitude. It appears that the bank gave noth ing for this money, that it never reached the vaults of the bank, and that it would be left in no worse con dition by a failure to get it than it would have been hai Cross and Whi e ' , This matter must be determined by good morals and by the law. lire aunounce my purpose, there fore, iu conclusion, to proceed fairly and; dispassionately, with due regard to the rights of all concerned, in such manner as the demands of my official station, quasi judicial in its nature and; duties may require, anything in the "stipulation and covenant" be tween Messrs. White and Cross and F. H. Busbee ' in all capacities" to the?coutrary cotwiths'anding. Noth ingness; nothing more. With this, save in an official capacity, I have done with the subject. j Kespectfully, j T. M.IArqo. ' A pleasant lemon drink. Rev. O. It. 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