The New York herald., 1845-02-23

OF Livingston, Wells, and Pomeroy's express
seems to operate with the regularity Of clockwork
Thousands of dollars, in money and property, by
means OF this express, are carried from one end Of
the country to the other with speed and safety.
General Sessions. n4e
Before the Recorder and Aldermen Cozzens and Has
brouck.
f'r't MATHEW {. PATERSON, District Attorney.
FEB 92-Trial Of Samuel adams coneIuded.-Que
o. r. :. r..ssseon-ImPoran Decision Of The Court In the
sby a9ued upon % me
lowing opinion and decision Of the court and s one Of
very great importance involving the interest of the
the superior tribunals, will have great effect upon
traders In general, especially upon spectators.
The Recorder said that in relation to the question of
jurisdiction which had been ably argued both ty the
and the defence the must express their
regret that they had had such briet period to exaune
authorities quoted by the counsel The was one
OF great Importance involving great principles and in its
muny and every citizen as the term Of the court
must nec ssariiy expire by law at - O'Clock tonight
they could not have time TO examine cIosely the
question presented for their confederation He would
ema X, however preliminary, that whatever the views
court were in relation to the question: they did not
eel authorised by law to take the from the jury but
he views Of the court would be given to the jury.
and was for them to say how far they were influenced
and due to the tate the opinion Of The
court In the hrst place has been established that GER
transmitted to this city with upon them and those
drafts had been accented here and the acceptance wen
1v
store The question is was the offence Committed here
or in Ohio. The alleged offence was of mixed charac.
ter Il it was commenced and consummated there it could
not clearly be tried here in this State but If it was com
mited there and contaminated here the question arises
how far forth the State New York have jurisdiction
In the case OF libel which s written in one county and
transmitted to another and there fully published the Of
ence punishable in the county where il is published
80 So IN the Of
~ direction under false Inducements il the person dies
he oCufiou onI<h
concurred with them in their view of the matter So in
the case supposed Of man standing the shore Of New
Jersey and shooting man standing the Of this
''ae the offence would be clearly indictable here be-
the here-here the shot would
ske effect In carefully examining the cases cited bv
the prosecution, marked difference between them
and the there the acts had been
tgny either in the State rendered in the Enas
ush cases cited one general government snd one urs.
sovereign and independent States or from one govern
nen to another and what difference there between the
% q states and a. the Of
ments in all criminal matters and distinct from each
'her as is England from France There are, however
certain rights Of sovereignty to all the States
as general government citizen of Ohio can
come here and hold real estate although living
mere of six months citizen this State and entitled to
l the privileges of citizen he had been born here
whereas foreigner is compelled pass certain term
here and then ia compelled to obtain hs nstursiza
on papers before he become a citizen The general
hts citizen Of one State in another are Of nnre
municipal character but upon the main question the
states are sovereign and Independent The Court were
struck by the arguments of the defence as testing the
question OF alegiancet can be either temporary and
ecsl or permanent and terminated the option the
'ar:y Is that temporary allegiance enough to bring
Che law is, that offender in State shall be handed
yer 10 the authorities of anotber where the party s
ner constitution provides that he shall be
"a up from the State which he has flown and deliver
ae 20 se Of the state Of
Consolidate the governments Of the States Can any
ioubt that it is necessary for party to have been
9orary or permanent resident before he dee They
ould not certainly consrue otherwise and they looked
tpon the constitution giving the power in specific
IN the part of the that view Of the mat
tar would present anomaly for there would be crime
the offence--and therefore seek to show the sb
ardi'y OF that construction of the law. Before the
:ssy stipulation il ia man an stole money or property in
sw permit us to punish him, could he be punish.
at aiia NO and thst was the cause of the stipu
ation, that the criminal might be brought to Justice
'he question then is, what is necessary give tenn
orary allegiance from which there must be fl eing =
gas decide in the cited by defence from Taylor
iePorts When the Legislature of North Caroline had
counterfeit notes of the banks Of the State Of North
arolina and sent emssaries state to pass them
nd under which law person had been indicted but the
7urt pronounces the law unconstitutional and the oen
er could not be punished for of Jurisdiction The
iecorder said that he had stated the views
cry succincy and after really bat few time
examine the authorities and he feared he had mper-
ecty expressed himself He would state however that
superior Court who to him that he and Chief jus
ice Jones and Judge Vanderpoel unanimously OF
ie opinion, when the came up before them. on a
abeas corpus that this State had no Jurisdiction but
ley denied the motion to discharge other gounds.
.emng that this court % had the power to decide
ne defendent out oftscustody. These views, con
'nued the Recorder, will be presented to the Jury
way from them, and nonsuit the people; and 1t Is
,r the Jury to determine how far forth they scknow-
yisting between the sovereign S.stes broken down
nee; and confess myself unwilling to acknowledge
on My associate on The right, 1Aid cosnens5 differs
fom us, and WILL perhaps, express his views upon the
uosct (some confusion and general conversation en-
ue and the general impression among tie members OF
e ba seemed to be that the decision Of the Court
onnd and legal one)
DISTRICT ArroRsKY- (Afer a consultation Of some
minutes duration )-Ifthe Court please, propose to
yithdraw juror with the consent Of the defence that
his question may be taken up before the Supreme Court
ecause 1t is question OF eat interest to New York
md to the czt of Ohio, and all other States and is
important to have the question presented to them, and
70 up for review.
Mr. SrASBuRy would not this the defendant
nd come here for trial, and ready TO go on and
he desire that the Jury should up their
e thought the could be finished to day, and would
rrender the great right Of summing up The defend.
mpossble for him come here again If they want to
ave the law settled for them said MIR. g., We'll give II
then % VEL have that fully settled for we shall bring
rought us here and then they can test the law.
Mr.. GRAHAM called the attention of the Court to the
Of Smith Davis, in which his Honor Recorder Nor.
instructed the Jury that they bound to take the
av from the Court in criminal we'll in civil cases.
inless they knew the law OF the Court to be wrong
which ruling was confirmed BY the supreme Court.
After lengthy consultation, the DfsrHicr ArroRrEr
rain proposed to withdraw Juror with the consent Of
lie defence, and enter nole proseg,3 upon the indct
nent They can then inerpose special plea of want Of
Jurisdiction 10 the other Indictment to which shall
eturn answer and to that answer they demur and
hus it can be taken up to the Supreme Court.
Mr. srArssuRy consented to this course but wished it
be understood that the bail should be forfeited
rat he should be given due notice when the
up again
The first Juror then withdrawn, and mol pros
tered the indictment
Several prisoners indicted discharged on sp-
olcaion Of the District Attorney in consequence ofthe
inability Of finding the witnesses
At half past o'clock the Court adjourned for the term