The New York herald., 1844-11-14

y
cing fhs powes Of State Gorernor Suydam sage Co.
Is. Samuel .8dams-This q motion Tor dscha ge from
yes brought up under writ Of LaJsss corpus before
Judge vanderpoel and clemei to BE- discharged the
PREMISES. the deisndant residing in Ohio. The charge
against the defendant alleged fraudulent
nsnt Of $50 900 under false petencss certain business
ntactons had between the parties in relation to the
,ae Of quantity Of hams, pork and lard The is
eemed one ofdeep Importance embracing the important
1.-THE Governors Of states and their rigat demand ci
sens charged being fugitives from justice heavy
Attorney; Ogden Hoffman. u 9. District Attorney and
Gregg ior the Paintifs Messrs Ex-Mayor Morris
The petition Of Mr. Adams to the Court was put in set
ing iorth me ac oi his arrest and the Of the
broadly denying the right Of Jurisdiction on the part Of
the State hold him under arrest charged for an offence
alleged to have been committed in the State Of Ohio The
petition went to state that the petit onsr was resi
lent Of Ross county in the State Of Ohio and in the
month Of July last was arrested at his residence Cha
o the State Of New York. to the Governor Of Ohio who
demanded the petitioner " fugitive" from justice
smith and Jshn NJ Layor of this city from iio State
and lodged in prison in this city the said charge un
York aud S out that he vent sna d
this city again Obtain his trial owing TO some
Misunderstanding ne did not arrive in time and his bail
was claimed to be forfeited when he voluntarily
renuer.d d himself
The evidence Of Mr.. Edward Adams brother to defen
telling the particulars Of the defendants in Ross
county Ohio was put in and admitted also the police
SGess ana Osnss sd By which that the
tendant was negotiated in Ohio. through q party named
Weston, with whom II was alleged that the drafts upon
which the indictment was procured lodged and by
him sent to New York and credited by house in this
city
II also appeared by the evidence that after the arrest at
Ross county, Mr.. Edward Adams brother to the defen
dant. fogged Mr. Weston.
The important questions Of constitutional right FIRST
III tn md
he defendant ts fugitive from justice" whilst residing
in his State, from the local Governor and
70 the jurisdiction Of the law tribunals Of the State Of New
York case involving charges Tor offence alleged
have been committed in another Sate the chief
The case on its merits, as It came up in Chambers be-
fore Judge Ushoefr in July last has been already fully
Mr. MORRIS opened the case detailing the facts already
rtfrred to. HIS client had been kidnapped of his
own state by the harsh exercise of law which did not
justify his arrest. II such abuse of power to be
tolerated American citizen would be secure in his per-
sonsl liberty and personal freedom The parties in the
ess question @ % which @ properly belonged 10 Court Of
civ Jurisdiction. His client had surrendered up his
bail and was brought up under writ Of ha1sas corpus
Court the subject matter il controversy between
the parties and next to the assumed of the State
the person Of the defendant. He resisted the
sumed right in both points, and first laid down. propo
stion that the defendant izen and resident Of the
no allegiance to the State Of New York, and therefore,
that he could not violate any law OF New York for an
bgs N. ha no 10 oyas
la support of this position ne laid down that
citizen State not citizen Of another but is to be
considered perfectly and distinct alien regards he
State of which he not resident except In as far the
constitutional provisions under the general laws Of the
United States are The fourth article Of the
constitution United expressly declares
"czen Of each Slate shall be entitled to all the priv
leges and immuntes Of citizens in the several States
This clause In the Constitution he contended gave
Jurisdiction that State should have power the
tizen Of another State; it gave no power to New
Vr~l arl laJ 10 all
privileges and immunss Of an American citizen until
he came within her borders snd when Adams in
He was amenable to the laws of Ohio for any alleged Of
fence committed therein but not to New York. to which
state he was an alien IN law having committed no oi
Court to Kents Commentaries old edition page &c. where
it is ressy set the resiencs Of aliens
amongst us they owe local allegiance" This was
privilege, and twas only when guilty Of an illegal act
that they be amenable to the laws, and while
there may be pcnished
CouRT That is selEevdent
MIR. MoRRIs-it Is, your honor, selfevidenf He
next contended that the citizen owed first, the general
allegiance by the Constitution and secondly
local allegiance by eeng within the territory and cited
stephens Nisi P,us, vol ls 27s in support Of his po
laws that foreigner residing out Of the country
bound by iha laws OF that country he aiso
siIfn sa and mnuns which Citizen to
who resided in another ate and applying that ncpc
Of law in the present case, be con ndei that the State Of
New York had no jurisdiction in the present case The
Governor Of New York claimed MIR. Adams for alleged
fraudulent made in Ohio, and
ly the Courts Of New York had no jurisdiction in the
case-that pontbut it not yet forth in the
QUESTION that the def ndant was fugitive from JUS
ice" He not only not committed offence against this
State but had not n,d from the State Of New York. In
the 18th page Of the Constitution of the United States
expressly laid down, any person charged in any
State with felony other crime who shall fee from
justice shall be delivered up and be removed to the
alta having jurisdiction over the crime. Cor
IONS Digest of the Laws Of the United States-Art
%, 2o7-p 6a6, declare whenever the Executive au.
thory OF any State in the Union shall demand any per-
being fugitive from justice and shall produce an
Indictment charging the committa OF the crime, shall
be the duty &C. Of the Governor OF such State to have the
party arrested and the prisoner delivered to the mes
&C. He would call the attention OF the Court to
requisition of Governor Bsuck in the present
The Governor did not demand Mr. Adams as fugitive
from justice" He merely charges him with having
mtcd off.nce in the following manner And il has
been represented 10 me that said Adams and Seymour
(who before the Court charged with commit
ting said offence, may have taken refuge in your State"
He contended not to be arrested because
Executive chose to call him q fugitive" II was not
fugitive that could he brought back; and the constitution
did not give the power to thus drag from his home
where he could be tried and amenable only his
laws The evidence fully showed that the defendant
fugitive. The very wording Of tie Governors
reqaiston showed he was no fugitive and consequently
the right TO demand him not vested in the Govern
Of hs State He next cited vol. "a, american Journal,
226. showing the exsc analogy between the present
and III which fugitive from justice claimed
by late Governor of Massachusetts, from Governor Of
Maine when the adjourned over to this morn
ing, when Mr.. Morris will resume his argument
excellent Wretch, Perditlon catch my
soul but love hus said the wife Of his
% % B saS Se risc se he.
unhealthy and yellow, her fce with This addition, it
Wa aa .y sna Gs sr.ty VIII d es a 'S saa her as 5
last; the crown quite bald: Well, il she had
iPsnt 20 cents oy & setng - sng ny sote 2? Jones