New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-17


tody by M ans Of hsbeas corpas or snF other ' u
snswer for On offence ssast the safe whether iny Or
rnledf meal 0-, or f1r cry other purpose
While the Acf II Congress does Mt f,rbi p les l-
t0fscf c9rpsF b. S-ai judge itcl-eflv rlari s-1
the hfTSe ~ IT, aud rms certificate n q c'm-ss' sr
oriucrs Of the United S;stes "congse evle1-e 'i ne
'tt % the person ~ D. -sus in WI frnrit s -ril-
Ito remove such fugitive AMI flrbl an y station Of
81 lersoH CT persons By any oress ssnei by ANY
eourf, lnrye istrse or pe7s'1 v10rF 'ever.
Ihe Act NJ Congress i the srr sF ~ che lr1 AMI
bElifg IN the cansCieree II Stato Jsdge- vel a
those 81 the United >a-es Juires IT tn Uued safes
a. vel a. Il state c0urt III ref5re bound o. isn
VT Of AaJcas o0rpHs retase allow u whe,ever
they are properly Informed thar the prisoner i he'll By
legal process under this Act AM suffer !, 70 be
abused by mischievous interneis Tor the purpose Of
"n'es'aitn 1t the ohcer OF owner OF the fugitive n
The laws % the United States give ample remedy ~
hahess c0ruus for those Illegally uscnei under color II
their proces-snd State have IN many instances
ererc sed concurrent juris fiction IN similar Blt
stale courts 4 judges have power under haDeas
coTpus 20 review III in upon the judgments or
process ~ the Judicial officers of hs Uuei states acting
within The iurisceiiln committed 70 them, az has son
tines been ne / have known Of one instance, and
heard = ohers where Fugitive legally in custody has
been discharged habeas corpus under preense or ahec
tstion Of iuCicia ignorance that Slavery Visited n
Virginia Such abuse o. Judicial discretion was held
"a he no defense 70 os who knowingly rescued M tug
uve ~ means 81 T. Whether such IN Alegai as,narSe
would protect the Marshal the high penaly inflicted
on hm for permitting an escape, may vel be doubted:
and II be should resist H. a. possibly ne woli II "od
lead 20 a very Unpleasant conflict which every good
citizen should b. careful 20 prevent.
have made these remarks ss preliminary 20 entering
uTCn the Grcstou before ~ order % ecufy u-
apIrfeuson and grrss mssppicaton of those made On
former occasion and also that persons whe zeal IN favor
o. fCves Is sometimes permitted far ID outrun ther
discretion nav he Of the sehevOus conselu
bO'h themselves and others which are likely 10 easue
from attempts thus 10 abuse the process Of STATE Co1rts
end bring them ni0-conhict with those oil the unHel
States.
The prisoner. John jenkins and James Crossen have
been brought before tie Court by virtue OF wit 81 Ia
len. a,a1r ft.r ky m The III
be- and directed 20 j b. Cholet The petition for MS
writ forth thar the petitioners deputies oil he Mar
shall 81 the United States for this district that warrant
was placed in their hands BY said Marshal Issued BY T.
II. Ingrahem Esq, Commissioner, AMI lnior-ed Oy
Judge If the Supreme Court directing them - arrest
negro narled William Thomas, who being held % LABOR
and service IN the ; ate of Virginia and owing the
to a certain Isham Keith 4 Farquhar County virginia
had escaTod therefrum into the State Of Pennsy ANA
that tlev proceeded to Nilkesbarre LuZerne County
Pa whore the fugitive found that they attempted 10
arrest him In dence TO said warrant that the arrest
resisted with great yiole nee and after severe strlg
gle the fugitive succeeded IN escaping ihey complain
hat Ley have been arrested and imprisoned under color
OF a warrant from Justice of the Peace Of Luzsrne
County charging them with an assault ana battery on
said fugitive with intent to kill and pray to be discharged
from sHid imprisonment.
To this writ of habeas corpus Chollet makes return
that he deains the prisoners by virtue OF certain war
rant issued by Gilbert Burrows Justice OF the peace tor
the borough Of Nkesbare, and indOrsed by an Alder
man Of Philadelphia.
a certain William Gilderseve, that Geo. Nynkoop John
jenkins and James Crossin in rioous manner, with
pstos ard other weapons beat and wounded certain
colored man named Bill aud that they assaulted beat and
abused the said BID the dponent believed, with intent
to kill bim.
On the return of this writ on Wednesday last objection
was mace to any action by the Court upon IT, BY learned
counsel who appeared without stating whose behalf
by whom the authorised to interfere in the matter
Being DESTROYS he any objection which could be made
10 the extent Of the power Of the Court IN this after
these gentlemen were Willingly heard az aci cHcig with
any inquiry to who had authorized them to take
part in the proceedings.
Ii was objected that the Court had authority TO dis
charge the prisoners because they were held by warrant
from State magistrate for an alleged criminal Onense
against the State Of PENNSYLVANIA and that the warrant
was conclusive evidence of the fact To habeas corpus
issued by this Court under the general authority conferred
b N by he Judiciary act, this objection would De con
elusive But th writ not allowed and issued unier
the general law but under the specapOwer conferred by
the seventh section the act Of Congress OF second OF
March $50 en- 81 which far as Is material to our
preeeut inCuIy j. n follows:
And be il further enacted that either of the Justices OF
the Supreme Cout or Judge of any District Court Oh
the United States in addition 10 the authority already con
ferod by law shall have power 10 grant wrs OF haDeas
corpus al casos OF prisoner or prisoners JAu orcoh
fnemen wi ere he they shah be committed or confined
OIL ~ any authority LqT for yact done or on ed
be DONE pursuance Of NE tHed states or any order
process decree Judge Court thereof anything
In any of Congress TO the contrary notwithstanding
For the purpose If the discussion and argument O TINS
point il necessary that the facts set iorth IN
the prisoner petition leaving the proof OF tnem
be made out afteward The petition states distinctly
that TIE have been committed
executing process Issued in pursuance oi law oi the
United States II therefore comes within the provisions u
this act.
The writ Of habeas corpus j. high prerogatye writ
known 20 the law the great object Of which Il
the Liberation OF those who NAV be imprisoned without
sufficient il in the nature Of writ Of error 70
examine the legality OF the commitment It brings the
body Of the prisoner up together with the cause Of hs
ConinC mCnt. The Court undoubtedly inquire into
the sufcency Of that cause. >ee e1 parte Watkins
Peters, 2ul.l
warrant of arrest issued by Justice Of tho Peace has
Of tie characteristics OF judgment OF conrt OF
record and II therefore not conclusive evidence that the
prisoner is rightly deprived Of his liberty. IL is every
day practice TO inquire into its regularity and whether
Il has teen issued sufficient grounds 10 justify The ar
and imprisonment Ii this could not be done the writ
Of habea corpus would Little deserve the euiOgies w1ich
il has received protection the liberty OF the citizen
arauts Of arrest Issued the application Of private
nfomer, may show their face prima iacie charge
sufficient to give Jurisdiction the Justice but may be
founded mistake, ignorance malice or PERJURY 10 put
very similar to the present, tells thi ne mas
kill ID. of 10 justice swears 70 the muir
der boldly without knowledge of the fact and takes
out a warrant for C. who is arrested aud imprisoned in
consequence thereof Cprays habeas corpus and shows
thai he he Sheriff Of the County and hanged ID IN
pursuance Of legal warrant II court could not ds
charge prisoner such case because the warrant was
gular is face, the writ OF habeas corpus L OF little
Every arrest Of the person Is an assault and battery
and attended with force and violence against resisting
aTy and If made by three more persons - riot,
provided the fact be concealed that was made IN e1eeu
tion Of legal warrant.
The authority conferred on the judges Of the United
States BY this eot OF Congress gives them all the power
hGbeas corpus or gives them none OF all Ii under such
writ they may not discharge their officer when mprson
ed "by any authority for an aet done in pursuance Of
law OF the United States II would bsmposbe 20 discover
for what useful purpose the Act passed Is the prsOn
be brought before them only that they may acknow
ledge their utter impotence protect him This Act
passed when certain State this Union had threatened
Ia nuy Acts Of Congress and TO treat those Grim mas
10 n