The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-04

States no relief could be afforded by state authorities but
men Ut the United States its judicial omcers, and
while these tardy operations being pursued the
sails to her destined port and the citizens are remedies
such exclusive has been coded to the Federal
Government will be, until the people become
ruped and lose all appreciation of the privileges hequeah
ed to by ancestors and rendered Indifferent to
those rights which secured to by Constitution
4th Believing then, that State Courts can entertain
facts disclosed Justify an nterpostion between the Gov
the United States and the prisoners now held
in custody BY virtue OF their enlistment H. 10 other
words it is claimed in the under consideration,
agents ohe Federal Government have exercised au
hory the petitioners and inflicted upon
them which is not contemplated by the ordinary prnc
pies that govern in the relation and apprentice
ard transcend the authority conferred upon them by the
those acts vtiate the contract existing the Gov
eminent and the apprentice or seaman and justify their
immediate discharge.
At common law, cruel and inhuman treatment of
apprentice by his MASTER authorizes the discharge OF
apprentice from his ndentures for there must exist mu-
uay in the agreement between the master and appren-
tce and while the hand perfect obedience may be
required to the lawful commando ofhe MASTER he
ercise greater punishment than what is necessary
insure that obedience to his lawful authority.
In the OF Wilson, Mckee and Green it in proof
mers at ST. Thomas on her return voyage they were &C.
veray placed in double irons about their wrists and
their ANGLES manacled and thus confined until with
in two days their arrival this por that they had
yersly suffered severely from their confinement and
irons well as from exposure to the weather. being
had been continued after their arrival in this
port except when temporarily relieved by Captains Gre
This punishment and restraint justified by the
sci OF United States the ground that the laws and
regulations applicable to the Navy authorize the COM
mander ofa vessel to inct not to exceed twelve lashes
or to imprison the seaman or apprentice.
The language of the law is that commanding OH.
shall Of his own authority inct any punishment
any private beyond twelve ashes with cat of nine tails
or by confinement.
laws certainly Intended to vest in any commander
Of national the arbitrary power the mere dscre
been Committed or to imprsom and shsckle Without some
violation OF duty. In the return made BY Commander
Sands such any violation Of duty, assigned as rea
for the long imprisonment Of Wilson, Mckee Green
and evidence has been sdduced before OF their hav
ing committed any osnce Of having violated any du
y see reason therefore why they do not come with
in the principles of the law which applicable
to contracts made between master and apprentice and that
punished without any cause and deprived of the enjoy
ment oil Of most cherished rights personal ber
IT, without having violated any duty or rsnsgrsssed any
my duty to discharge them from any further restraint
CLIRRHUGH's CoNCERT.-This grand musical en-
tertainment takes place at the Apollo, on Tuesday
evening next. 1t will be very brilliant affair The
Misses Cummings, who will make their debut on
this OCCASION have earned the highest reputation in
Edinburgh by their execution of Scottish music.
Non ARRIVAL OF THE WksTERN.-We are under
the impression that Captain Hoskins is determined
to arrive here Sunday morning, his usual day for
entering New York We do not believe that he
would arrive here any other day if he could as
well as not. With one two exceptions he has
tered our harbor that day since the first trip
OF the Western, and 1t has now become in fact her
regular day of arrival. We shall not, therefore,
look for her till tomorrow, although she may ar
rive any hour during the night or day.
NUMBER FIVE OF ALIsoN's EUROPE, is just pub
lished by the Harpers This edition will be COM
prised in sixteen numbers like the present. OF about
$50 pages each; and, though containing the entire
matter of the English edition, which was issued in
ten volumes of fifty dollars, will form four handsome
volumes for four dollars at retail. This, together
with all the other numbers may be obtained at this
office.
LATEST FROM BosToN.-Harnden & Co. arrived at
o'clock yesterday, with Boston papers of Thursday.
They came by the way of Springfield, and in the Kos
kiusco from New Haven and heat the mail