New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-06

Judge the power 70 discharge hahess oorPT' WIZ, one
81 ne ToRs5 state officer arrested. lie therefTe
! ssked that he defendants be discharged 49,
Mr. Iacksoa replied. lie sad una inc NV hil h'i al
thorze The officers to execute their process n osou'
n CT shs take the facts se forth in the psti
.n ne he true unless tbs other side wish 70 offer test
NJ then went to argue that the act Of Con
ss had no reference 20 acts committed against se Laws
- S,s.e nor could tie United States interfere O. Pre-
vent the execution Of the laws Of State He asked that
he defendants be remsnded TO take their trial b.
oured 20 give bail
D. p Brown followed the same side He said that
the question very simple and be felt pleasure in
srroschngit The duties Of the United States and the
Individual States reciprocal and reciprocal conf
denoe should be exhibited There little conflict
in the case which could not be easily reconcled
Judge GrerI take for granted that the facts set forth
in the petition true and shall rely upon them uness
hey are shown TO be false.
Mr.. Brownie rely upon The warrant OF the mass
trate issuod upon the oath Of citizen.
Judge GrerIf you deny what is set forth in the pst
ton will hear the facts in the case viii not have the
officers C the United States harassed every step in the
performance # their duties by every petty magistrate
who CHOICES 70 harass them, by any unprEced inter
loper who chooses TO make complaints against tho-ior
know something OF the who makes this complaint.
Tie aws the United states binding upon me. and
will not take the warrant sued in this sufficient
to hold these officers.
had been committed could not prosecute in United
States court for il.
Judge Grer-Ihere has been murder committed
here. They acting under process OF the United
States, legally Issued.
District Attorney Ashmead said the case was free from
diacultv He called upon Court vindiczte the laws
If the United States and its own officers who were con
stany subjected the most harassng conduct on the
part Of men disposed TO set the la1s Of the Union OF de
Judge Grer-I shall act as if had the evidence before
me- unless the other side prepared TO deny the facts set
forth in the petition. In that case' SHAH put the matter
Off to give them chance TO submit their testimony The
officers suppose arrested the fugitive and he resisted
they then used force. TO hold him in custody.
Rrov We IL q e.
sist and that he was cruelty beaten We shall show such
case Of barbarity as viii appel your Honor 4. ar
executed their duties in rotOus manner They went
to Il borough Of course to serve the process which
put into their hands by l. s Commissioner upon the
oath of competent party. countorsgned by judge Of the
L. S. Court. They executed the process and were re-
sisted by their prisoner even to the drawing OF kne
upon them which put into his hands by one OF the by
ISLANDERS. They compelled to use sufficient force to
secure him. and this the opposite party call rGtng as
beyond the jurisdiction Of this To hold the officers
TO answer there be of authority shown
in what they did and the proof upon them Every 9TH
Ger is rmd focie supposed 10 act in legal manner Ia
every magistrate in the State, numbering probably two
thousand have power TO ssue his warrant of arrest
against officers Of the United States upon the nterven
ton Of GOper who has the hardwood to swear that
the officers exceeded their authority If this Is TO be The
case the Marshal himself may be arrested under their war
rant for an alleged improper exercise Of his duties
the Judges of this Court the District Attorney may
be subjected to the same annoyance
Mr. Brown-Your Honor there was no resistance at all
I
Of the officers If your Honor determined to 90 behind
the warrant of the magistrate sk to be permitted to
show the facts in the which will be found to be OF
the most horrible character.
District Attorney Ashmead asked that the officers be
/ discharged from custody
Judce Guer-If this Gilderslceve fails to make ont
the facts set forth in the warrant Of arrest viii request
the Prosecuting Attorney of Luzene County prosecute
him for perjury. know that the United States have
limited authority; but where they have it, it is clear I'M
doubted and conclusive that theirs is the sovereign slhor
y If any iuppenny magistrate or any unprnciped in
tcrIer can come H. and to be arrested the officers
Of ihe United States whenever they please, it sad state
of affairs After the man against whom the United
States warrants was issued has away, some
fellow interyones and TO State Judge for his
interference and has the United States officers arrested
There was a case recently of this kind and TO that
now aude If hHbeas cOrpuses to be taken out after
that manner will have an indictment sent to the T. D
Grand Jury against the person who applies Tor the w or
assists in getting it, the lawyer who defends IT. and the
sheriff who serves the writ TO whether the United
States officers to be arrested and haassed whenever
they attempt process OF the United states
sneak of what daily done TO hwart the United states III
tie exercise Of her lawful authority will see that my
officers are protected When viii you be ready with yoar
proofs in this matter, Mr.. Brown
Mr. BrOwn-lhis day one week.
Judge Grier-Ihen upon that day will hear your proof
The case then went until that time.
Judpe Grier in this case disposed to sustain the
views that were suggested by District Attorney Ashmead
in the recent OF Bill Fisher, when the l. s. Maeha
was arrested