The New York herald., 1850-12-28
SUPERIOR coURT.

WRIT or rABEAs oourUs.
writ OF hsbeas oorJs hevin9 been appiisd for, aud
granted BY Judge Cam pbe In the Of Henry Loo
tne alleged fusnive snye the Marshal brought him be-
iors the eeu, asrns the sdjournment ofths ezamns-
Mr. whitessid that apprehesding some difncr,ty in
this matter his assoc.te had applied to the
Court and obtained writ OF hoseas returnable tvrs
also so shst there any in the return here,
tsmsht be sent back, and when amended, they might
The counsel for the fugitive then c,nsuitsd for con-
siderable time whseh Mr. White said thss he felt
censtrsned 10 demur to shs return the groands OF
The Court ssksd II counsel proposed 30 dsmur as to
matter OF form or matter OF substance.
Mr.. White replied, that IL rs to antter OF sub
stance.
long delay again occurred by counsel for the de.
fendspt consulting and drawing out documents
The Court ssksd IL there any one present the
art Of the CLAIM ast'
Mr.. White said they preparing notice to
the osunsel for the claimant TO notify him Of these
some tfne having elapsed, Mr. Western entered the
curt and said that he had received the notics to at
end and e appeared In courtesy to this high tribunal
Ut be begged to protest interference Of
his court, and submitted that his Homer Q msgis-
trs had right to interfere witkths jurisdiction of
the United States courts.
TIE Court said It knew nothing OF the oass or how
which etAtes that he restrains him by virtue OF Q
United States conmissioner warrsat. When the
Court had heard the case, IL should be able TO say
whether 1t could interfere; and he understood that
the defence was about to demur to the return
such cases should have eight days notice New, he
lad but about eight minutes notice
Court-Thst Is undoubtedly, the statrte
Mr. Western then protested against the state Of New
York interfering with the State Of Virginia and IL
does So be would let the State of New York hght its
own battles with the State of Virginia.
Mr.. White said that in the course OF his argument,
be might have something to say to the State Of vir
Of his learned friend; but he ths Court to
order that the custody OF the boy (Lors) may be
Of the court The o.os Of this
investigation is to inquire Of ths Marshal by What
risa' he r.ssr.,ns the liberty Of a'ns ss
which was sworn 10 by Long IL was to tho effect that
the said return shows ne authority in Law for his de-
tention and that II IL insufficient tor his restraint as
the return does rot chow that Chas NJ Hall was at
the time OF ssuing his warrant, or Is now United
States Gem missioner Counsel continued to contend
at great length, that Mr. Hall not constituted
Commissioner Of the United States
Mr. Western replied, sontendng that the defendant
here was not entitled to habeas corpus, ne being
person detained by process Of Q court OF the nited
States Under the act Of 1850 the powers efa Judge
we're given to the Commissioners. The Marshal had
made . proper return. and had complied With every
title OF the act TIE care before the Commissioner
rived and he would retire for the purpose oi sten ling
that court
Tn. Court said that the application made before
IL for writ Of hobea corpus petition which on
It's face complied With tbs statute and he bound
under heavy penalty to Issue the writ to this writ
Is made . return by the United States Marshal that
he holds the party hy virtue Of warrant Of a Hall
United States Commissioner. It is held that this
court could take notice such ofscer. But the
act OF 1850 gives the United States Commissioner
concurrent power with ajudge and far as the aot
Of 1850 the United States Commissoner Is very I'm
ptrtsnt officer; he is pro. tem judge, aud 1t seems
that he is so far judge In that matter II the Court
was right In this its duty plain The statute
Gays appears the party is held by virtue OF such
authority he In to be returned to the custody OF the
officer 10 whose euftody he IL brought up The exam
nation before the Comm ssone Is judicial prosesi
ing snd ne court OF opinion that the return of the
Marshel was ssfheient. The demurrer was therefore
overiued.
Mr.. hite ssid they intended to maintain that Mr..
Hsll was OF propsrly or legslly constituted Com
mirsicper of the United States.
The Court-Thst question h not before II he
course, at his peru He thought they should proceed
An sffdavit then drawn up and sworn TO by
Long s.ttir forth that As Illegally detained and
that Mr.. Hall not a Com missioner OF the United
ststes An application was then made TO have the
accused handed over to the custody Of ofhcer OF
Die eeart. or for order TO compel the Marshal to
pg him before this court at Whatever ts u should
ee sojournsd to.
The Court declined 10 make any order bet intmsted
that the Marshal would understand that II the prisoner
was before this court properly he would rt be IL
the hearing is adjourned.
The Marshal here handed In q osrtiassts from the
clerk Of the United States Circuit Court stating that
Mr. Hall Was . Com missioner OF the United States.
The Court refused to make any order the
moval OF the nom the custody Of the Marshal and
the adjourned until one o'clock TO. morrow
(this day. when the defence will oaer witnesses to
prove that MIR Hall 10 not properly constituted Com
missioner OF the United States.