New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-08-25

sr-y,rNr CorRr-In cham s-Beiore Judge
Edwsrds-Habeas C0rpas Pau! BrHHt the youog swiss
asn (born on the lts ian side OF SwEerland) who was
committed BY Justice prinker. slresdy referred TO- as
deserier from the French steamship Phisde phis wss
again brought up and argument heard from Mr. Field
on his behalf and Mr. Edward SANFORD. opposed. As
regards the law of humanity which will induce an
Interference where cruelty has been exercised spoken
OF at th previous sitting Mr. Field presented ponI' 70
proof Of such and urged tina, would De cruel 10 sur
render under circumstances IKE the present. even
# he were sailor and under the treaty ~nlcn
he does not His name In the s, Is not pisced smops
sailors but is in the same column with the DOCTOR
Of the vessel and others not forming the crew
As 10 Jurisdiction Mr. F. commended that Justice Drnker
did not have such 10 any way. either by conforming 70
the requirements Of the treaty. allowing local Ja'uce
and city constable could execute law OF the Onion
or az having power by the Constitution itself TIE Jaw
of Congress Ia relation 10 resties says tnat appcson
shall be made by the Consul or |ceC0nsnl-the pres
ent application made by clerk 10 the NeeConsus
Office IL says the justice email nave tne necessary O,N
cial documents show thstthe person charged ~ 10
serter belonged the crew-thero no proof that sucn
is the case and If there had been the Lat sho~s bfun
10 have been domestic which are excluded oy roy al
ordinance relating hese steamers being part oil the
crew and not q sailor. as mentioned In the ues'y
and therefore he should not have been surrendered 10
the .hp-the commitment of Justice ID states that ne
had been complained OF under oath-this was not tne
fact no oath having been taken by tho clerk who de-
msndrd him as deserter or spy other person AS TO
the right OF local Justice To eniore an United sta'es
law the Constitution that the L : shs he vested
In the L ! Courts aud other and Conklins Tresuse
o 400 Kents Commentaries lst vol 5th cd page 39o ;
Sd vol slorys Commentaries, 622 together with ,ne
opinion OF Judge Washington and others, shows that
Congress has no right 20 delegse ts judicial require
mens 20 State officers nor state officers TO receive
them Mr also commended from 4th amendment OF
the Constitution that oath was Indispensable 20 any
officer Issuing warrant &c He cited other suthor
ties
Mr. SANFORD in reply. denied TO the oath being ne
cessary for the warrant that referring wholly TO the
cases OF search warrant He also commended that the
sixth article Of the Constitution renders Imperative
on all State Judges 20 make the laws OF the United
states paramount He commended thst the commitment
OF Justice Drinker regular aud Judge 10 bound,
under H. In pursuance OF the treaty TO give the msn up
He denied tn the authorizes bad ght 10 interfere 10
the treatment received by the Decision reserved
MARISE CouRr-Refore Judge Waterman Msir'le'
Treasurer Of tAe N York PhaRthropc Sociofyvs Cush-
man and Others-Ths defendant seized box belonging
20 the Society containing books badges 40 on an exc
cution sg,inst Mr. Reynolds and they were sold Ac-
ton s brought by the Society to recover the value
The principal defence was that no demand had been
made by the Society for them Judgment for platinum
slO0-For pltf, Mr. Schsfer for defdt Mr.. Beck