The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-04


from Kentucky are likely meet with sharp shoot
ing from all quarters. twill be remembered that they
fought on the line that runs between the State OF
Delaware and the State OF Pennsylvania, at place
called Neeman's Creek Webb stood IN Newcas-
tie county, Delaware, and Marshall stood in Della
ware county, Pennsylvania. The Grand Jury OF
Newcastle county have indicted both We'b and
Marshall, for fighting duel; and the Grand Jury
OF Delaware county have indicted Marshall also,
but not Webb. Thus Webb has been indicted in
two States, been punished in one, and most proba-
bly, will be punished in the other. And Marshall
has been indicted also in two States, for violating
the express provisions of statute IN each oil those
States.
Taking up the case of only one OF the indict-
ments-that in Delaware--it will be seen that this
movement, as far as Marshall is concerned, will
form very remarkable and curious case-one OF
the most So probably, that ever came before JUDI
cial tribunal In the first place. then, the Governor
of Delaware is bound to call, first the Governor
of Kentucky, for the body of the said Marshall to be
delivered up 10 him; TO that requistlon the Cover
nor returns that he is not within his jurisdiction, ha-
wing gone TO Washington to attend to his duties
member of Congress. The Governor Of Delaware,
of course, then applies to the Governor or Execu-
tive of the District of Columbia, to deliver up Mar
shall The Executive of the District is the Presi-
dent himself, and demand will be made on him
to give up member of Congress. This, OF course,
will seem to some to bring up the question of the
parliamentary privileges possessed by a member OF
Congress; but it is well settled law that this privl-
lege only extends to civil actions, and cannot i'm
pede for moment the process of law in criminal
The President, therefore, will have to cause
Marshall to be arrested for criminal offence, and
handed over to the officer sent by the Governor of
Delaware, to take HIM to that State to be tried for
the crime.
And here seems to be the extraordinary aspect of
the affair. Here is a little State, which with good
running jump, one could almost leap over, calli1
on the President of this great Union to give up a
member of Congress; and that President bound by
his oath of office to give him up, the more So be-
cause there is law in that very District of Colum.
bia, making duellins criminal offence.
The same reasoning will apply to the proceed
ings in Delaware County, Pennsylvania, relative TO
Marshall Ii is parallel case to that in Newcastle
county, andthe same process must be resorted to-.
These proceedings et the two States will create a
great sensation in Congress, but movement on
the part of that body prevent the execution of
the laws of these Sovereign States, and we presume
that none will be attempted.
AS for Webb, his pardon does not seem to have
Modified him, or sabdued his terrible temper and
bellgerant habits in the least For now, instead of
quarrelling with men, and challenging and trying to
get up fight with members of Congress, he has
commenced a savage fight with beautiful woman.
1t is true that his pardon had no reference in it to
his fighting duel with woman /; he got clear of
the State Prison, upon condition that hereafter he
should not pick quarrel or try to get up a fight
with any man and because Governor Seward, in
his hurry to get his friend Webb out of JAIL forgot
to add the words, " or woman either" Webb has
taken advantage of the omission, and come out
in his paper with ferocious attack upon Mrs Par
lin, of Rhode Island, beautiful suffrage heroine,
belabors her numerically, says she is no better
than she should be, and declares that she is going
to be divorced from her husband, when she has no
intention to do So nor the least desire to be divor.
ced. This is worse than kicking the 100 segars into
the street.
We really cannot see what is to be done in this
matter AT any rate, we trust that after poor Webb
has been tried and sentenced in Delaware, for the
duel, and the Governor of that little State makes
out his pardon, that he will supply the omission of
Gov Seward and expressly prohibit Webb from
trying to get up fight with any man or woman Ell
Their