The Delaware register, or, Farmers', manufacturers' & mechanics' advocate. [volume] (Wilmington, Del.) 1828-1829, 1829-09-19

nent IN an excruclatng ailment, GIdsg01 paper.
coLuMBrA. s. CsAugust 20.
Case of Jeremiah Saatk-Ths presenting ins
eresng points argued Friday the 2ist inst before
Chancellor Harper, by Dessasse, Esq for the Sheriff
and by NJ Cord and Gregg for the prisoner.
Smith had been convicted abou, eight years at Camden
of stealing save and sentenced TO be executed Governor
Bennett pardoned him upon condition that he left the state
to RETURN He did however, and lived several
in the state without detection but at last attracted
by committing breach of the peace Information then
lodged against him, and Governor Miller in July last, issued
proclamation, offering reward for his apprehension Ger
tain citizens of this pursued him into North Carolina and
brought him back to Kershaw dstrct whereupon mags-
trae at Camden issued warrant for his commitment upon
affidavit made before him that Smith had violated the cond
tons of the pardon.
Smith then sued out writ Of habeas corpus and being
brought before Chancellor Harper, demanded bis discharge
upon the ground that his North Carolina made
beyond the Jurisdiction of the authorities of South Carolina
aud therefore without warrant and illegal The decision
in Rowland SePhensons case was cited on behalf OF the
prisoner, and it insisted that Smith had resided 10
North Carolina since his conviction several years. and his
rest had been effected by violation of the territorial rights
and sovereignty of North Carolina void and that the
comfy which ought to subsst between neghbong nations
required that he should be discharged and back to North
Carolina.
To this that however irregular the arrest in
North Carolina the prisoner before the South
Carolina under regular warrant. That the might
have been without authority but the detention lawful
That no matter how he brought into the state he
had for several before resided here violation of the
conditions of the pardon, and stood before the con-
ycted criminal under sentence of DEATH and who ought of
be in custody; and if there had no previous
arrest The court would order il upon this proof Thai
the arrest in North Carolina the of private citizens
and warranted by the proclamation and that North Ca
olna might demand that these citizens should be given IN 10
be punished And moreover that Smith had right TO his ac-
on for damages against the capors for the illegal arrests but
that all this did not effect the right of South Carolina to hold
custody who had violated her laws under sem
ience of death for doing That this country criminals
flying from city TO another, frequently taken up by
the police officers, without warrant and carried back re-
ceve The punishment due their offences, motion
for their discharge that ground heard of That
the case of Rowland Stephenson applicable That
Stephenson unawfuly dragged from Georgia TO New
York, TO be there arrested in civil action. That to make
The analogous ought be considered that Stephenson
had been charged with felony, and had fed the United
land regular commitment there made and he sues out
habeas corpus and pays be discharged because had
been unawfuly arrested in America. Would his application
De listened to!
The counsel for the sheriff also cited the exparte Su-
annah Scott recently decided England by Lord Tenter-
lem habeas corpus She charged with perjury and
led to Brussels The English officer, Ruthven pursued and
rtesed her. and brought her back England where SUI
ID out habeas corpus and sought be discharged because
he arrest abroad unlawful and beyond jurisdiction The
discharge refused and the Judge said for
eionies not unusua-he had known cases. they
we're questioned His only doubt had been whether an
rest abroad for misdemeanor would be sustained
The foregoing presents brief and imperfect sketch Of the
rgumen after hearing which, Chancellor Harper pronoun-
ed luminous opinion refusing the discharge, remandng
he prisoner