The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-04-14
TIL. BAMBERs

The Counsel for her Britannia Msjesty's Consul,
n, D. Blunt Esq
The Counsel Tor the Banners. T. s. Brady, D. Gs-
ham, Sen'r, G. Wilson, X, Emmett, j. McKeon, John
A. Morrill, and Joseph Blunt, Esqrs.
4. ). Brady applied and obtained the writ OF Habeas
Corpus under solemn conviction that the enactment
Of the Legislature OF this State utterly unconstu
tonal--and first pressed the subject with Governor
Marcy, urging this fact with others in bis argument
on HABEAs CORPUS.
In the matter Of John Bamber, Senior and James
Banber
Before the Hon Richard Riker Recorder Of the city
Of New York
The final decision upon this case was made by the
Recorder, on Monday, 18th March, 1888.
Reported by gentleman who attended all the pro-
ceedings Of this grave and momentous case from its
first origin before the Recorder the liberation Of the
Bdmbcrs under Ills judicial order Of the hor
" conferred upon him by the great and all powerful writ
Of labeas Corpus writ rendered sacred by the Con-
stuton, and which ought be held 10 by the
people Il is the palladium Of their safety This ~ri,
acting in full force, Eiihin The entire territorial iis Of
The United States Of america, brings the inveslga-
ton aud judgment Of the Judicial authority, all power
affecting the liberty Of the CITIZEN the person OF any
one, within the Republic, whether attempted to be
crcsed by foreign Sovereign by the President OF the
United States or by Governor OF State, or a Consul
Of another country twas under this writ, NE tcrt 81
Hdbcas Corpus that the Recorder rescued the Banbers
from being abroad distant country be there
tried for alleged offences committed many years ago.
Under this he liberated their persons and them
az large.
MONDAY, 18th Of March, 1888
This morning, after the assembling Of the Court, his
Honor the Recorder, proceeded TO observe that when
the BanbeIs first brought up the writ Of Habeas
Corpus which he allowed to issue for bringing forth their
hodes, with the Of their capture and detention,
Mr. Blunt, Of Counsel for Mr.. Buchanan, the British
Consul, stated to the Court, that these prisoners
demanded by her Britannia Majestys government, for
alleged murder which they said TO have
mitted in Ireland. ~.
In support of the demand, it was accompanied by
sundry paper documents such copies of the Coroners
Inquest, and other proceedings had in that country,
Those papers, further stated, had been transmit
ted by the British Consul his Excellency the Gov
Of the State, at Albany, who thereupon issued
mandate TO the high sheriff Of city, TO surrender the
prisoners to her Britannia Maesys consul for transmit
ment TO England. ~
Most happily for them, and for the protection Of the
citizens generally, habeas corpus applied for IN
time and barely in time TO save them Now, said the
Recorder they in my hands, out of which no power
this any other country shall obtain them, only
that OF justice, impartial and well established proof,
without cred,table testimony appears against them.
Were to give them up, It is possible these men may
be substituted for others aud the innocent punished for
the guilty They but appeared before me the other day,
when several witnesses of unexceptlonable character
these, among several others who present at the
ARRAY, Mrs. Mary Blair, woman Of excellent char
acer deposed positively that she saw The whole affair
That it known in the neghborhood that an armed
police coming to dspossess aud turn out OF doors
three Of the Banbers That such armed police did
come, and in brutal and cruel manner effected their
object, and dragged the three Bambers, at the tail Of
cart, prison That West, sergeant, was killed by
some one unknown, but that the two Bambers be-
fore me, the Recorder tocrc not there, but in their own
- 10 G,,n
Bambers were near relatives. 1t was also proven by
Mrs Blair and by divers other witnesses, that the three
Bambers, who arrested and carried TO prison.
afterwards tried for their lives acquitted Of MURDER but
found guilty OF assault aud severely punished one
of those three is present before me- the other two
are dead. Another witness, Mr. Taylor comes from
Philadelphia to bear testimony TO their innocence He
nephew OF the Surgeon IN the then employ OF the
British Government. He with his uncle Mr..
Ia, Tor Identifies the Bambers before me- the
Recorder Was present at the transactions. Confirms
the statement OF Mrs. Blair every essential matter
Attended with his uncle the three wounded Bambes,
and proves most distinctly, that John Bamber, senior,
and James Bamber were not present at the ARRAY when
West was killed. Mr. Taylor's statement before me
made under OATH the presence OF the two Bambers,
is supported by the atidavits OF eight others, grocers
and dry goods merchants, proved be Of great respect
ability, living in Philadelphia, They not being before
of swear to the Identity of the BAN
beers who are before me. This consideration alone
shows that written documents can prove the identity OF
party accused 1t became obviously my duty to signify
Her Britannia Majesty CONSUL and his learned
sci, that should require the witness or Witnesses who
charged the Banbers before me, TO appear, aud
openly their presence identify them to my sasiac
ton. ..'
In a case of this kind involving the lives of the phi
soners documentary evidence alone cannot satisfy
While it charges awful crime on some men OF the
of Bamber does not II cannot prove that those
Bamhers here present day, are the Bambers who kill
ed West If indeed he came by his death from any
of them. The testimony before me, makes it very
doubtful that he did The Court must have opportu
nifty to Judge for itself 1t must be able to sh the
character and motives, and enquire INTO the nstgation
Of the witnesses whoever they may be, who at this late
period pretend to prosecute
For many years past these present Bambers lived in
city without disguise concealment, under their
proper name and always bearing excellent character
for industry, sobrety, exemplary religious and moral
conduct must have better proof than paper docu.
ments, which | cannot investigate, against such men,
before conslgn them TO the arbrament OF foreign
power Only What would be the misfortune OF these
men, were 10 permit them to be surrendered. The
very Witnesses the most material for their defence
in this city country and could not in their Ut
most need, bear testimony to their innocence
repeat, must, therefore, now require the counsel
for the British Consul, and am glad to that gentle
himself in court 10 produce before me, the living
witness or witnesses who shall prove that the Bambers
her present, were the identical Bambers who in their
view and TO their knowledge, killed West
Upon this requirement Of the Recorder, the Consul
and his counsel held few words of private converse
ton after which, Mr. Blunt announced that Mr.. b.
chanan unwilling to give TO the Court any further
trouble in the matter
Tho Recorder resumed Though the is
ended, wish 10 take this opportunity Of making few
observations my brethren OF the bar 1t is known 10
you that the District Attorney, Mr. Price, the official
organ OF tho General Government has appeared before
me, and announced to me, by its direction, that the
statute Of State, and the proceedings Of the Co
vernon and British Consul are not authorized by the
Constitution. .."u ... ..