The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-07-27

allowed by Judge Of said court, directing him to
bring before II the body of one Bill Fisher. The
marshal admits that he has the person in custody,
but says he will not bring him before the court.
For this contempt he is committed to prison, after
the Judge has clearly defined the authority of the
United States. ~ s45e.f.-i
The language in DORIS case distinctly defines
the power of the United States court The petit
ton presented to me is susceptible of two inter-
pretations 1t says the marshal is in the custody
Of the sheriff. but does not say that it was under
process of State court A State court has power
to commit for contempt for that which is upon
its records. This court has no authority to inter-
fere by habeas corpus. The very return of the
sheriff negatives the authority to interfere. 1t
states that the sheriff holds the marshal by virtue
of process issued out of a State court The
writ granted by me must therefore be quashed, as
having issued unadvisedly.
have listened attentively to a communication
made by the marshal, and must here in justice
say that no officer is more anxious to perform his
duty properly and gallantly, and none are gene
rally better advised. The writ of habeas corpus,
however, must be obeyed, no matter to whom adj
dressed. This is indispensable to the personal
safety of every man. 1t is the more to be obeyed
because spurious officers, persons acting under
color of law, might otherwise consummate IN in
iquitous act. The writ in this case was issued to
u meritorious officer, but tomorrow it might be
issued to one who would feel disposed entirely to
disregard it., with an evil mind. The writ must
be obeyed. @ r3
can see apparent exceptions, but they are APP
parent only. Where it would endanger the life
of person by bringing him into court, or where
high political interests, in times of war; the army
and navy might be ieopardzed by the abstraction
of an important officer. Such was the case at
New Orleans, where a refusal to obey the writ
might endanger the country, and where retort
upon the Judge who issued the writ was even
deemed necessary for the safety OF that country.
But this was an extreme case. The essential
point of q return to writ OF habeas corpus il,
that the person to whom it is issued has not the
body, or has 1t I'M court. Where writ was issued
which directed an officer to disobey writ Of the
United States painful conflict would arise; but
such was not this case.
Marshal Wynkoop again explained that he only
wished to be right in the matter.
Judge Kane. It would not place the body OF
the person. whom the marshal has in custody, un-
der the jurisdiction of the court towhich he makes
a return to writ of habeas corpus, where another
court has Jurisdiction of the matter where such per-
son is charged, the latter court having previously
had the body in custody The marshal no doubt
acted under msapprehension Of duty.
Mr. Ashmead said the marshal had no opportu-
nifty to discuss the question, whether he was bound
to take the prisoner before State court after ne
had received commands from competent trlDu-
nal to take him to Maryland.
Judge Kane replied that the only question be-
fore him was, whether he had authority to issue
the writ, and he had determined that he had done
SO unadvisedly. ~
The custody of the marshal was continued with
the sheriff, with his previous orders of the State
court to take him to prison.
We understood that the marshal had called in
George nj. Dallas to confer with, and that MIR.
Dallas had advised him to amend his return to
the State court. .r.aF
Here the matter rests for the present.
The wife of the slave was present in court. She
has four children.
The Philadelphia Ledger of yesterday morning
gives the following subsequent proceedings in the
court of quarter sessions:
Yesterday afternoon, about five o'clock, the
United States Marshal, in custody of Mr. Bill
never, deputy sheriff, for contempt of court, as
before reported, appeared before Judge IhomP-
son, and asked leave of the court to amend MS re-
turn in the following words:
ssTo the Honorable the Judges within named:
II do hereby certify and return, that have here
the body of George Smith, otherwise called Bill
Fisher, as by the within writ | am commanded;
and for cause Of detainer / further certify and
show to this honorable court the warrant of MIR
Commissioner Ingraham, whereby ] am directet
to take and remove the said Bill Fisher back u
the State of Maryland, from whence he hath es
capped, &c., which said warrant l herewith pre-
sent. and annex copy thereof to this my return
| and [ further return and certify that held Inc
said George Smith, alias Bill Fisher, as the Mar
shall of the United States in and for the Eastern
District of Pennsylvania, bound as such, under the
Constitution and laws of the United States, to do
and dispose, with regard to the body OF the said
George Smith, otherwise called Bill Fisher, as IN
and by the said warrant l am commanded. I"
Judge Thompson accepted the return, and Or
dered it to be filed.
Mr. Wynkoop then asked to be discharged from
arrest. Judge Thompson discharged him without
hesitation The Judge then ordered a commit
ment to be made out for Fisher, to answer at
court, and to await the claim of the United States
Manufacturers this commitment the sheriff 8 Of
ficer surrendered Fisher into the custody OF the
keeper of the Moyamensing prison.
| A hearing on the habeas corpus will probably
take place to-day before the court of quarter ses
sons.
In Justice to Colonel Wynkoop, it is but proper
TO say, that he disclaimod to Judge Thompson
any intention TO commit a. contempt; what nc hat
| done he said, was under consciousness OF per
forming his official duties. The final return o
the marshall we understand, was made ut the
suggestion of Judge Kane, to whom he applied II
his difficulty for advice.
For later particulars see Geographic column
|
Percussion LocKs-An order will be issued
| by the commander-in-chief of New York, ano
perhaps by the commanders-in-chief of othel
States, that all muskcts belonging to the State
issued to State troops, shall be returned to the ar
senals, and pieces with the percussion locks givcf
in exchange. This will be very jndicious mea
sure We do not know whether or not all tht
flint locks have been taken from the ranks OF thu
army, and percussion locks substituted, but thu
will be done as fast as the former can be convert
ed into the latter. 1t is of the first Importance
that the army and militia of the United States
should use the same weapons in their respective
arms United Service Journal.
i CoNsc,ENcE.--A few weeks ago the store Q
! Stephen Humbo, Cincinnati, was robbed OF valu
able goods worth 81 500 or $4,000. Last wee
the city marshal received letter from the THE