New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-08-05
SUPERIOR CouRT-IMPoRTAST HABEA'

coyprs CAsy-In the matter OF the petuon oi 'onh
HYDE for wit OF habeas corpus 10 be directed 10
Col. Brown, commanding the United states troops
on Bedlows Island, TO bring up the boiy Of william
Uvde AN infant under the age of q years, VINO en-
iis.ed without the consent Of his father MS hoaor
chief Justice Oakley, allowed the VIII on TIE l4'h
day Of July last ard on the return theIcot' Coi
prov-n appeared. with the infant In charge ana ec
MED the jurisdiction OF this court Mlchaei DoheHy
Fso. No 7 Clinton court who appeared as counse
n, ne petltloner, stated on that occasion tha a
this Was a novel question, and no" raised ior the
frs. time that he not then prepared 70 argue
TIC matter and II was then adjourned 10 gre nm an
on-orfunity Of examining the Law Of the case On
Friday last II again gone into before their Ho-
oors. Justices Duer and Paine. Prescott Hall, ESQ.,
United States District Attorney, appeared on the
part of the United States Government, to oppose the
discharge. Mr. Doheny, IN an argumenialiye speech
which lasted nearly two hours, showed the Court
concusiyely, that they had jurisdiction OF the case
Prescott Hail. Esq, replied a, great length ana me
Court reserved its Judgment TIL yesterday morning.
when his Honor Judge Duer gave judgment IN favor
of the petitioner. stating that he felt reluctantly
coerced by the cases quoted by counsel He at the
same time said he did not feel at liberty to decide the
constitutional question raised IN the argumeal' ah1
expressed hope that the United states vould nave
the matter finally determined by csrtorar to he SUI
Irene Court and thence TO the Supreme Court Oh
the United States Mr. Hall said he would act on
his suggestions, and Mr.. Doheny accepted the chhl-
tenge, whereupon, by admissions On both sides, the
record was put IN shape for removal to the iloundt
Of fnal.iesort to try the question, whether court
IN TINS State has authority 10 issue witt OF hdoeaS
Corus in pursuance OF the provisions OF the aoeaS
ell, f... her . moi
Of it has enlisted III the United States army Mean
time. HYDE was DISCHARGED, and so the la" Vii con-
tnue until the decision be reversed.
BoaRp OF SUPERVISORS. This Board 50
a short time yesterday afternoon, and passed upon
two or three bills, &c Adjourned TO Monday next.
l.. $. MARsHALS OFFICE Capt. Strick-
land. of the ship Doyonshre, from Liverpool, and
Nh Earl his first mate, complained Of by two
of the crew, charging them with assault with a
dangerous weapon, and cruel and unusual PUNISH
ment They gave bail for examination
GRAND ENCAMPMENT OF ODD FELLOWS.
This body met last night at Odd Fellows Hail. and
proceeded to the election of officers for the ensuing
year, With the following result
Grand Patriarch -N. b. MountfOrt, of No. o.
| e. H,gL Priest ~ James Bachelor, of No. ID.
g. senior Warden Royal G. Mlard, OF No. IL
Grand Scrlbe-.- John J. Davies, OF No.
Grand Trtasurer..-. George X. Jackson, OF No H.
g. JUNIOR Warden w o. Groser, Of No 2
| Grand Representatre Wilson Small, of No. 4.
The Grand Encampment, after some business OF
| little importance, adjourned to meet on Monday
! evening August 26 The election was very quiet,
| there being no decided opposition for any office
! The Grand Lodge meets at lOA. NJ, Wednes-
| day-Election on Thursday from to 10 M.
TEMPERANCE IN JERSEY CIry.-It is
understood that the License question is TO be stu
further discussed at Washington Hall this evening,
when opportunity Will be gwen for short remarks on
either side of the question.
~ A Meteor, of unusual brllllancy, was
observed about 81 O'Clock Sunday evening at New.
ark. 1t commenced nearly al the zenith, and passed
down to the southeast, increasing In spendor as il
descended until it burst within about 10 degrees OF
the horizon.
AcCIDENT.-As the 5 O'Clock train from
this city, yesterday morning, was passing the Center
street depot at Newark, at full speed, German
named julius Siedentop attempted to jump of, but
was dragged by the cars until his foot got under the
wheels and was badly crushed, beng split from the
toe TO the instep His life Is not thought to be IN
danger.
EXCURSION. Several hundreds OF Ger
mans went on an excursion TO grove IN the vicinity
Of Newark yesterday, and had fine time.
10 The dead body of stranger was
found near New-Market. n H., few daysiasc
under circumstances which induce the belief thai
foul play had been practised.
JERSEY PoTAToEs.-The Monmouth In
qinrer says that some Of the farmers IN that regoI
have examined their potatoes and find that IN Som'
fields they are rotiing IN the ground, although p
hoped that II is not generally the case Avery Large
planting of potatoes, more than any former season
was made in Monmouth this season, and those whIcl
are coming in and sent off to market are very fine
.
SINGULAR TRIAL.-A Court Martial va:
recently held at Fort Columbus at this port for the
trial of a soldier, who is Roman Catholic. The
charge preferred against him was that he refused Il
attend Protestant place OF worship. His nam,
James Duggan, and for this he was sentenced tC
forfeit to the United States S. month of his pay
for SIX months, to spend two months an solitary con
fnement and on bread and water the other month.
/ dl ldpols WIN Odil tialH ~ MS US Ai'
| sentence, which was IN part approved by Gen Wool
| came up for revision before the Secretary OF War
| Hon c. NJ Conrad. and was by him set aside. as vii
| be seen by the following
| WAR DEPARTMENT.
| Washington. July IS 1851
| SlR-C omplants have been made TO this Depart
| ment that a solder al Fort Columbus who is, OF
| was, Roman Catholic, was ordered 10 attend a
Protestant church, and on his refusal to obey the
order he punished for dlsobedence OF orders. II
is doubtful how far officer has the right 10 compel
officers and men under his command TO attend divine
service II Is evident, however thai no one ought 10
tie compelled TO attend church Of any other persua-
| son than that TO which lie belongs.
| Every means of persuasion should be employed to
| induce soldiers TO attend some church bat they
| should be permitted 10 select the one they prefer
And when they profess TO have conscientious ScrU-
pies about attending any particular church, all com
pulsoly measures violate the rights Of conscience,