The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-31

In the supreme SOuTls anu tuut 10 c'Sus a"yS'
the meantime, the man will remain in the custody
i Of this court. III
| District Attorney mentioned that in case OF
habeas corpus pending for some time before the
Supreme Court, the prisoners were remanded
from time to time to the custody of the marshal
l. Court-That depends upon whether the mar
shall will bind himself to hold the man, and not
give him up to any other authorlty-otherwlse,
the object Of the habeas corpus would be defeated
Suppose the warrant had been issued by per-
son who had 70 authority The question whether
the gentleman is an officer, is to be decided by THIS
court.
Mr. White asked the marshal if he would con-
sent to produce the man at the time to which this
case is adjourned?
District Attorney-I advise the marshal not to
make any promises or concessions.
After some further remarks, Mr.. White asked
for the committal Of the man to the custody OF an
officer Of this court.
The District Attorney begged to remind the
court CT the position in which the marshal stood.
1t appeared by act of Congress, that the marshal
would be subject to penalty of 81 900 If he re-
fused to execute the warrant of the Commissioner,
when he had no reason to doubt the validity of
his appointments; and if, while in his custody, or
pending the examination, the party escaped, the
marshal should pay the claimant the amount of
the value of the alleged fugitive, as well as the
81 900 penalty which would be imposed by the
court. Suppose the circuit court prove that they
have duly appointed this gentleman, and that this
court should also come to the conclusion that the
Commissioner was duly appointed, and the mar
shall had dsobeyed the orders OF that officer, by
not holding the man in his custody-it would be
no plea for the marshal that this court had taken
him out of his hands. Counsel therefore hoped
that the court would take into consideration the
position the marshal would be placed in if this
man should escape out of his custody.
Mr.. " hite thought the counsel would not con-
tend that if the court makes legal disposition OF
the man, that consequently he shall escape. When
the power of the habeaS corpus IS conceded, having
obeyed il is sufficient protection to the marshal.
District Attorney said that the marshal wishes
merely to discharge his duty; he is liable to 81 ,OOO
penalty besides the value Of the alleged slave II
he neglects it. If this court will take him out OF
the custody of the marshal, it must be by their
superior power for to no mortal man will he re-
sign him otherwise; it is better that collision
between this court and the United States court
should take place. The marshal knows no other
authority, as yet, in the matter, but the court
under which he acts. If this court saw fit to res
cue this man out Of the hands OF the marshal, 1t
must be by their superior power, judicial and po-
tential.
The court presumed that the marshal was ir
clined to obey the writ Of this court. 1.-THE case
is adjourned, the man is still under the writ, and
it would not tend TO create conflicting jurisdiction
if he was again brought up.
Mr.. White suggested that the man be sent to
me Keeper Oh tne Guy l'isoH, W NC h'Pt ~ us
custody till the further order of this COURT or else
the marshal give his assurance that the man will
be here at the time appointed by the court.
District Attorney-fle will give no such as
surance.
The court-It will be time enough to consider
the question when the case is properly before us.
All we know is that the man is In the custody of
the marshal. by virtue of u warrant. The court
had no reason to think that the marshal will do
any thing in this matter Inconsistent with his high
character as man, and his position as public
officer.
The case was then ordered to stand adjourned
to next Monday week, the boy to remain in the
custody of the marshal, Judge Campbell saying,
at the same time, ''the marshal will be response
BILE to me for his production.
District Attorney-There is another writ OF
habeas corpus returnabe in the same case, before
the Supreme Court, at the same time.
Court-Let it be on Monday week at O'Clock.
Mr. Jay-Do we understand the court to order
that the marshal will bring the man before this
court at that time'
Court-It will be the duty Of the marshal to
produce him.
Mr.. White--As they attempt to take him off
without process Of law, we go armed with pockets
full of habeas corpus.
The court adjourned at a. o'clock, and the
prisoner was taken before the U. 5. Commits
sioner.