Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-06-30
Nc,c Iabe0s Corn,,S Casc

eslaH lay before our readers the of few
ohys long and interesting opinion which delivered
by Judge Clopton Saturday last in this city rhe
point made by the Counsel for the prisoner new
and has called forth much ingenuity at the bar We ac
indebted to the Compiler for tic following acconnt NJ
the case, at its different stages: "
William M Black, convicted at the late session of
Tie Circuit Court OF the United States for robbing the
mall and sentenced years imprisonment Al hard
labour, was on Tuesday brought before Judge Copton
one OF inc judges OF the General Court of Virginia by
virtue OF writ OF hdbeGS corpus and examination
was had TO the authority the keeper Of the Pencn
ary OF Virginia to dcain the said Black in his custody
under color Of said sentence John ID. Munford ESQ
appeared for the prisoner for his release
the ground that the Courts of the United States
not authorized either by the Constitution of the United
States or by any sanction Of the Commonwealth of
virginia to detain the prisoner in the said prison
N Nicholas and Conway Robinson Esqrs appeared for
the U States I'm the absence Of X c. Nicholas, Esq u
states Attorney In the return to the writ the Super
intendent cites from the records Of the Pencntarv the
cases OF individuals detained in custody at different
times IN cases in which the United States were parties
Among these notice the following: Before con
-hon-AaTon Burr, who confined one month and
two days; Rersaasctt, confined one month
aged on both sides, and excited much interest on
OF its involving the general question Of State Rights and
the minor one Of a conflict of judicial powers
"Ihe Habcas Corpus CaSe.-Wm NJ Black was apain
brought before his honor Judge Clopion on Saturday
last by The Superintendent of the PcnitcDtiary to re-
ceive judgment the Habe1s COyDus mentioned nv ma
some days ago The Judge informed the bar thai he
was ready To deliver his opinion but remarked that AZ
the General Court would meet Monday Nhis day !
thp
proprey OF Withdrawing his petition for the writ and
OF making application to the General Cont for abeo.
Corpus,tat in all probability the f,cenfV Judges of tina,
Court might give greater satisfaction But MIR Mum.
ford expressed his entire confidence in the opinion of
Judge Clopton, and asked Judgment at once-We I'M
dersand the Court read long aud able opinion in which
thc arguments OF the Counsel and the laws referred IN
were very fully examined; and hcrcupon remapdcd ia,
prisoner. he substance of the decision far as we
understand IT, u.s. that the act Of Assembly Of this STATE
making it the duty of the keeper Of the Jail in
county corporation to receive and safely keep
committed under the authority Ofhc United States h *
not include the public Jail and pcnrntary hCase Int
there being law Of the State ADMITTING OF prob,in
the use Of the Penenliary the prisoner havinS
been convicted Of offence (nail robbery and ST.
fenced to ten years imprisonment hard labor there
could be no legal objection 10 the Marshal putting him i
The custody Of the Superintendent Of the Penentiary
for the execution Of the sentence"
GENERAL COURT
BY act ofthe last Legislature passed the 9TH March
1875, the time Of holding this Court as well a. s orga
nization somewhat altered Hereafter fifteen ndgcs
directed to attend each session and not less than
eleven 10 form quorum for business The act directs
that at the next term Of the Court wiz the present one
the judges 10 arrange themselves into four casscs
consisting Of five judges and 10 prescribe the order
in which the classes attend at the SUBSEQUENT
terms, excusng cass in rotation from attending at
each term The arrangement 10 be entered Of record
and not 10 be thereafter altered without the concurrence
held on The last Monday in June instead Of the first
Monday in Jolly
Under this arrangement the following Judges attend
ed yesterday and formed quorum-namely, Judges
Smith, Saunders, Parker Upshur, Field, May, Leigh,
Thompson, Est Duncan aud Clopton
We understand the interesting question respecting the
probat Of Mr.. John Randolphs Will, will probably be
taken up to-day. respected occupy the Court for
not ST IN the case but other Judges expected to