Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-11-28

Pro-. fAs Rsekmo~d Ulir. .N.,. ms.

" s.o h-~sscfh DstttSt " virginia tor I'm al
legged contcmpt in disobeying the process Of
the Court for the county OF Alexandra. In
refusing TO appear before that Court as a wit
ness In the case Of the pretended conspiracy
against the person Of the President. Ny the
courtesy Of the Narshal, major Christian.)
he has been permitted 10 60 nj large.
On Thursday, at . o'clock, he applied 10
Judge Brockenbrough, then holding the Supc-
r'or Court Of Law aud Chauccry for IIenrico,
IN the Capital, for q writ Of Habeas Corpus,
which being granted, ss Of right, was made
rctarnab'e ut 10 O'Clock yesterday morning.
Al that hour tho ease was called; when, af-
ter short discussion on the principles inyolv.
cd, on tho part OF Mcssrs. Leigh. Robe rtson.
attorney GenT Of va.) william II. McFar
land, Of Norfolk, and Forbes, who addressed
preliminary observations 10 the Court in op-
position TO the Legitimacy Of the power as
sumed by the Court at Alexandria, the case
was postponed until 10 o'clock this day, when
It will be regularly argued.
FROM rHE SAME.
The Caifsd States aud IL. Randolph.
understand that Robert b. Randolph. ESQ.
late Lieutenant in the u. S. Navy, and who
acted pro. fem rs successor to the late Purser
Timberlake, has been arrested by the Mar
shaf Of the United States for this District, and
committed 10 close confinement in Henrico
jail, by virtue OF n warrant Of distres. under
The act OF Congress Of 25ih May, ls20, set
tied by Government.
This proceeding Is in the nature Of an eye
cution against the person Of Mr. Randolph.
who has the option Of paying money not due.
giving security to pay IL, or remaining in Jail
as long rs IL may suit the pleasure Of Andrew
Jack son, Esq.
II Mr.. Randolph owes any hing 10 the Go.
q
odd dollars, and. rs this dcfalcation is firmly
believed 10y his acquaintance, if il exist at
NIL, TO have been caused by ignorance Of ac-
counts, in complicated business, If not by
the designing villaiDy Of certain persons nj
all men arc disposed To look
with disapprobaton upon tho risor OF the
Government, and with compassion upon the
fate OF gallant sailor, whose courage and
devotion to his country have been signalized
IN all parts OF the world-not only harshIy and
insultingly deprived Of his commission. but
II the suit OF that country, thrown into Jail.
there TO rot rs long as it may suit Mr. Amos
Kendall and his master.
u Is right TO say that the Marshal has per !
formed his unpleasant duty with the courtesy |
which distinguishes him as gentleman. aud |
With all possible leniency.
from THE SAME, nov. Ia.
argument Of the Iiabeas Corpus.-On Satur- |
lay, at 10 O'Clock, Judge Brockeubrough took !
Up the case OF the attachment against the I
'erson OF John IL. Peasants, for an alleged
contempt OF the Circuit: Court of Alexandr ria: |
when Holden Rhodes, Esq. representative Of /
.Ir. Thomas F. Burfoot, u. s. Attorney for
ms district, (Mr. Bnrfoot has been carried. !
~ Ill health. To Florida, opened the case for
ne prosecution. He was followed by WIN.
u. Mcfarland, Esq. Of Norfolk, and the At
orney General OF Va. for the defendant, Who
n very lucid arguments, contested the power
- the Aiesandria Court, aud demolished its I
,'a'ms, we oeiieve, TO the unanimous satisfac-
ION Of the large nssemblsge in attendance.
When the Attorney General concluded his
argument, which was pointed with satirical
illusions to the political enormities OF the
inc, and glowed with generous enthusiasm
y behalf OF the rights Of the State and of the
'eoPic, MIR Rhodes asked time until Monday.
o reply TO his opponents, aud the case was
accordingly postponed until l0o'c!ock TO-DAY.
TUESDAY,, NOV. 10.
IN the case Of the attachment against Iobo
u. Pleasants, Mr.. Rhodes yeste rday made
trong argument in behalf OF the Court al
iieHandria. After rejoinders by tho Attor-
icy General and MIR. Mcfarland. and n rcnli.
'ation from Mr.. Rhodes, the Court adjourned
numating that its opinion would be given nj
II o'clock to-day.
THURSDAY, Eov. 81.
Judge Brockenbrough yesterday gave n
written opinion IN this case, pronouncing the (
'owcr assumed by the court ut Alexandra. In
compelling the attendance Of citizens Of this
'omnonw cath 90 testify In municipal cases.
Unlawful, and ordering the immediate dis
'hsrgc OF Tho defendant, John %. Pleasants.
pon TINS result, we congratulate the free
men Of Virginia, ~ terminating an assume
ION, dsrogatory to the rights Of their State.
mo harrassing TO their persons. Only in one
'speet oil the case, did the party 90 the IIabeas
iorPus, Tear decision against him. He did
lot fear the severity Of the court at AIexan-l
ira; but as that court has adjourned. bn
cared he might be compelled TO await n, iAill
i Alexandria, their next session, iu Nav pext.
ie opposed their process from no fear Of
'ersonai consequences. but from n settled
CONVICTION, that the power claimed was usurp-
he threshold.
We shall publish Judge rockenbrouyb,s
pinion IN few days. u was pronounced
'roiound and mastery, by all who heard II
no the Independence Of the man, aud the
r'ncipies OF the Judge therein disclosed have
wen hifn new claims upon the confidence of
be friends of tho rights Of the States and or
he Constitution, and the affections of bi, fell
ow-eitizens.
'"' NIcut tourt OF The United States will
'ee' 20 'his CITY on the I'D. Apple alton
~ DC made 10 u, for an inp:nction in the
rOceesiiHs against ~. Randolph. The INDIES
iay discharge him upon the ground Of gross
regularity and abuse Of the power given D.,
he act Of Congress Of May, ls2O-or l,y has
wing security for what may appear sefaally
as' u Is sand Mr. Randolph has discovered
forgotten receipt 81 a. Kendall for $1,000
! tbs be ~, tie deficit established by tbe
oHt 81 Enqnify, vail be reduced 20 a mere
Dhg' ct lev hundred dollars. Tho pro.
suIsS against BON, . harsh and nnpfsoe-
ented abuse % the power given The 6..,,.,,.
'ent, under the act sforr.sd. -lRisL uLI,
f''P Zee Rfeh7'ond Eaguirer sf.Ntr. ~
CAsE OF ROBERT a. RASDOtPIt
i"s compiler has published the tt,,r,., 4
u's' Nhfh tS.Licat. u. has been cofpsoit- e
~ ny Tie Marshal ~ the tsH of tt,,,,,,.