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"What is the main purpose and scope of that contract obliga-
-tion between the two nations? Is it limited to a mere con- -tract as to the manner in which the alleged criminality shall be investigated, or is it, on the other hand, a con- -tract that the alleged fugitive shall be extradited, leaving the details by which the criminality is to be ascertained to the authorities of the respective Governments? It seems to us that the latter is the true intent and purpose: that the alleged fugitive, if his criminality is sufficiently ascertained, shall be surrendered. x I x. It is conceded
law that where one is arrested for a local offense, and a preliminary examination fails for any reason,
such as a defect in the jurisdiction of the examining magistrate, lack of evidence, informality of papers, that is no bar to a second proceeding.
-
"We do not assent, however, to the proposition which was
suggested that these preliminary examinations for local
offenses way be continued indefinitely. We do not believe it
is true that a man can be subjected time after time to the
armoyance, vexation, and harass of repeated examinations. And while it may be technically true that one examination
is no bar to another, yet whenever it becomes apparent that
the examinations are instituted and carried on not with a
view to the furtherance of public justice, but with a view of enforcing personal spite and private malice, no doubt it is in the power of the court at any time to interfere and stop them. It is unnecessary to wait until the close of an examination, and then, if the accused is bound over, to interfere; but whenever, in a case of a preliminary examina- -tion for a local offence, it is apparent that the same is carried on for the purpose of gratifying personal spite, or for the annoyance and vexation of the party arrested, we think a court has power to take hold of it with a strong hand; and so in cases where proceedings are instituted under and by virtue of treaty stipulations, and it is apparent