Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-08-17
Prom. d. Baltimors Morning Chronicle.

IN writ OF babeas corpus. The facts OF the
case are shortly these. Thomas jones, &c.
were confined in the Norfolk jailon the war
rant from the mayor of the borough OF Nor
foIk for piracy, committed on board the IA
triot brig General Rondeau, which, as was
stated. sailed under the command OF DaSiu
Miles, ON six months cruize from parma
does. having captured several Spanish yes
sels-The warrant stated, that while lying
OF G renada, the crew rose upon their ON
GERS, sent them ashore in boats, scuttied the
vessel. and, after dividing the plumber came
to the United States in boat belonging 10
the brig. Smith, one of the hands, tesliheo
that he with the other hands, shipped al
Buenos Ayres, for Patriotic cruize. The
vessel had before been captured and con-
dernned as priyateer at Buenos Ayres, ana
now sailed with regular commissioning
proceeded and made sundry Spanish cap
lures on Der cruize, which were ordered 10
Margarilta, that she disturbed no other man
Spanish vessels, though she passed many
such; that one English vessel having double
Of papers, was cut out OF port, and made
,prize; that cruising of the island OF Gre
media thew sent on shore boat for fresh pro-
visions, with an intention oil proceeding 10
Margaritta, where the prizes were ordered.
On the return of the boat to the Priyatecr,
mutiny was excited, IN consequence OF one
Of the hands having been lett behind at ure-
media ON the return of the boat, and OF the
determination OF the captain to proceed to
sea. and TO leave HIM behind; the Officers
were oyerpowered in the contest, and sent
off in an open boat, as stated in the warrant
The witness being Their below, did not see
the rencontre but heard distinctly the clash
ING of swords, and the captain lmplcrlng
mercy. After this mutlny Robinson was ap-
pointed captain by tue crew and 1t was de-
termined to shape their course tor Charles
ton; they passed several vessels, and mani
fe.ted hostility to nune making sail from
them; the money was then divided amongst
the hands in various proportions; that the
vessel was scutled off Currtuck; and that
the prisoners went to Norfolk, where they
were apprehended that all the hands on
board were EnglisI men, and not citizens OF
the United States. On this state OF facts the
nudge considered the three following ques'
TONS
I. Whether state officer has authority to
grant warrant of commitment against
an individual Tor breach OF the crimi-
nal laws of the United States?
9. Whether, as the arrest is under color OF
authority from the United States, ], as
state judge, have any right, under the
habeas corpus act, to take cognlzance
of the case and
8. Whether any crime hos been committed
by the prisoners, over which any court
IN the United States has jurisdiction
The Judge states, that the first question
has been variously decided-by Judges Bland
and Hanson, that the states had no authori-
ty to commit; and by judge Cheves, that
the state did possess it, under the 3Olh Sec
ton of an act of congress, called the judicial
act, the consti,utionality of which he vindi-
Gated, on the ground that the warrant ofco,n-
initial was purely ministerial, and not a
judicial act. This decision was combatted
byjudge Bland in a pamphlet,on the ground
that there was no difference between the
first judicial act of arrest. and the SUISSE
quent judicial stages OF trial and condemna-
iion; that in the case of John Fully, the gen.
eral court of Virginia decided, that the
state court had no jurisdiction of an offence
created by an act Of congress. The judge,
however, does not give an opinion on the
first point.
The second point, the Judge states, has
been variously decided. Chief Justice
Tilghman, ia the case OF Charles Locking
ham, affirmed. the power OF the state 9th.
cers...to grant writ, of habeas corpus, in all
cases of illegal imprisonment, under color
OF authority from the United States. In the
case ofJsremiah Ferguson, soldier enlist
ed in the service OF the United States, the
writ was refused. because federal judge
had clear and unquestionable authority to
administer relief. In Rhodes case, judge
Chevesexpressly disclaims jurisdiction. The
Judge can see no reason to doubt the author
IN of a s,ata i,doa m into rfora an a c,ra Of