476 



KENTUCKY. 



said "The extradition declares the offense which 

 leads to it, and this offense alone ought to be in- 

 quired into." The rule, as stated by the German 

 author Hetfter, i*, that "the individual whoso ex- 

 tradition has been granted can not be prosecuted nor 

 tried for any crime except that for which the extra- 

 dition lias been obtained. To act in any other way, 

 and to cause him to be tried for other crimes or mis- 

 demeanors, would be to violate the mutual principle 

 of asvlum, and the silent clause contained by impli- 

 cation in every extradition." And when President 

 Tvler expressed the opinion that the treaty of 1842 

 could not be used to secure the trial and punishment 

 of persons charged with treason, libels, desertion 

 from military service, and other like offenses, arid 

 when the British Parliament and the American Con- 

 press assumed to pro vide that the persons extradited 

 by their respective governments should be surren- 

 dered " to be triei for the crime of wldcli suc7t person 

 shall be *o accused," this dominant principle of mod- 

 ern extradition was both recognized and acted upon. 

 This construction of the tenth article of the treaty 

 is consistent with its language and provisions, and 

 is not only in harmony with the opinions and mod- 

 ern practice of the most enlightened nations of Eu- 

 rope, and just and proper in its application, but 

 necessary to render it absolutely certain that the 

 treaty can not be converted into an instrument by 

 which to obtain the custody and secure the punish- 

 ment of political offenders. 



LICHENS. 



Hawes placed himself under the guardianship of 

 the British laws, by becoming an inhabitant of Can- 

 ada. We took him from the protection of those 

 laws under a special agreement, and for certain named 

 and designated purposes. To continue him in cus- 

 tody after the accomplishment of those purposes, 

 and with the object of extending the criminal juris- 

 diction of our courts beyond the terms of the special 

 agreement, would be a plain violation of the faith of 

 the transaction, and a manifest disregard of the con- 

 ditions of the extradition. He is not entitled to per- 

 sonal immunity in consequence of his flight. We 

 may yet try him under each and all of the indict- 

 ments for embezzlement, and for uttering forged 

 paper, if he conies voluntarily within the jurisclictiou 

 of our laws, or if we can roach him through the 

 extradition clause of the Federal Constitution, or 

 through the comity of a foreign government. But 

 we had no right to add to or enlarge the conditions 

 and lawful consequences of his extradition, nor to 

 extend our special and limited right to hold him in 

 custody to answer the three charges of forgery, for 

 the purpose of trying him for offenses other than 

 those for which he was extradited. 



We conclude that the Court below correctly re- 

 fused to try Hawes for any of the offenses for which 

 he stood indicted, except for the three charges of 

 forgery mentioned in the warrant of extradition, and 

 that in properly discharged him from custody. The 

 order appealed from is approved and affirmed. 



LICHEN'S. The position of lichens in the 

 vegetable kingdom given them by Schwende- 

 ner and De Bary has been the subject of an 

 animated controversy among botanists of late 

 years, the result of which has been a strong 

 inclination towards the acceptance of Schwen- 

 dener's bold theory. According to his deduc- 

 tions, lichens are not simple organisms which 

 occupy an intermediate place between the algaa 

 and the fungi, but are true ascomycetous fungi 

 growing in some species of alg03, although not 

 in the manner of an ordinary parasite, since 

 the two plants are mutually necessary to each 

 other and interdependent; the hyphae of the 

 fungus the colorless tissue of the lichen thal- 

 lus giving protection to the algse, while the 

 green gonidia of the latter, by virtue of their 

 chlorophyl, furnish the nutriment of both 

 plants. Stahl's recent investigations into the 

 structure and sexual system of these plants 

 would seem to remove the objections of those 

 naturalists who thought they had observed the 

 ponidia springing out of the colorless hyphae. 

 He establishes the fact that the hyphse, or the 

 fungoid part of this double plant, proceed 

 only from the spores of the lichen, and the be- 

 fore unknown process of reproduction is en- 

 tirely unconnected with the gonidia. The 

 spores of lichens are contained in asci, or 

 sporo-cases, which are separated from one 

 another by layers of hyphse, in which are of- 

 ten found the gonidia called hymeneal, which 

 are smaller and paler in color than the others. 

 When the spores are emitted from the asci, 

 these gonidia are seen surrounding and affixed 

 to the walls of the latter. Stahl observed the 



many-celled spores of the Endocarpon with the 

 microscope, and noticed that many of the hy- 

 phae attached themselves to these gonidia and 

 closely enveloped them, and that thereupon 

 the gonidia grew rapidly larger and took on a 

 brighter green, until they resembled in every 

 respect the active gonidia of the full-grown 

 plant. This conjunction of the budding hypb.89 

 and the undeveloped gonidia goes on until the 

 complete compound plant is built up, which 

 in turn generates spores. The alga is thus 

 only enabled to acquire its full strength and 

 activity when invested by filaments of the fun- 

 gus, while it nourishes the latter in positions 

 where the ordinary food proper to fungoid 

 plants is not found. StahPs greatest discovery 

 is that of a sexual process in the lichen of the 

 same nature as that observed in other dis- 

 comycetous fungi. The production of their 

 receptacles is accomplished, as has been known 

 to botanists, through the conjugation of two 

 specially modified hyphse. Although it had 

 been, suggested that the minute spore-like bod- 

 ies found in the thallus called spermatia, which 

 are contained in the receptacles called sper- 

 magonia, might be quiescent antherozoids, 

 from their resemblance to those organs in the 

 red seaweeds, yet no one had found any evi- 

 dence of that fact before Stahl's observations. 

 He noticed that a twisted filament appears in 

 the thallus anterior to the formation of the 

 apothecium or receptacle of the ascus, and 

 that the end of this filament straightens itself, 

 and, growing out to the surface, projects as a 

 papilla. This constitutes the female genera- 

 tive organ of the thallus ; the curled interior 



