New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-26
THE SLAVE CASE AT PHILADELPHIA.
co-rcspoudsnoe Of Tie y Y. Tribune

co-r,spoudsuoe Of TIE Y. Tribune.
PHILADELPHIA. Monday. July p 1885,
United St9tes Marshal Wynkoop wno Was placed iu
the custody Of tue SLenh, BY Oswald Thompson Pfr,
dent Judge Of the Court o Quarter Sessions GA S.uf
day last, s;ll reilnias prisoner. The fugitive. BI
Fisher continues m the custOd! o The Marshal, aGI vas
present la [ cunt tls morning.
Al IL O'clock ills morning. Deputy Sheriff B.lmcyer
received an order from Judge thompson to c,n!lct
M4slal " yIAo,p nnuedisiey 10 PRISON. The Dep4,y
Sern waited upon tie Marshal AID notified hin oi .ls
j w Ashmead COUNSEL for the Marshal informei the
Deputy Sheriff that the Marshal about 10 a. Jr
before the ted states Court ana snd ne would plvse-t
the Il sitter o. Judge kaue
NJ AsAeao ih,n into court, ani al the petition
OF tAe Marshal praying ior WI, oi hAo-as corpus
judge Name asked counsel 90 shoT tre authority Oi as
Court loT issuing wrt O. hGoe&s Corpus.
MI AshIn, I'd read fTosl tAe opuon Of Chef Justice
Marshsn N the Oi TOBIAS Watkins, 10 shOs that the
United States Cours had such authority l. IN these
words No law OF the juIed States prescsoes the cases
n which this great writ shu be ssUet the power of
The Court the party brought up BY t. lac term IS
USED ia The Constitution Is one which was We'll Ua15r-
stood and tie judicial act authorizes tus Court tni all
The Courts OF he United States and the Gas thereof
ITO issue writs tor ne iEP2se q figuring .f0 he
jcoge kane SAID that the act OF Congress by which this
Court alone receives Sutn0ry 10 gram VIII Of Aaotis
C5Ja, the &C, Of lss The case Of atkins referred
70 bN counsel perhaps within The recollection OF nearly
ever member OF this bar Ii in which person
hAa been committed by tho Court OF the District OF Co
umbis upop = charge or conyistiou It's which gsnt
10 show violation VI the laws Of the United States II
was a.. offence against the United States UpDa United
states process ano the commit nen' by Court OF the
ILsc states The language OF ths Chief Justice must be
determined Nv the fscis which we're before tne CLoI as
tee ava not by u single detached Sentence.
IL IS unnecessary say that he Chief Justice co-ld not
have forgotten thai tie night to issue rs writ o. haosas
corpus was granted by te lih section OF the JldcAry
act which slyes power 10 the L. > District Judges 20 IN
Qus INTO the this mp-ls jnmeni Win ms pEoVlso
that II shall not extend 70 persons ia jail by process o
STATE Court but only where prisoner may be Or Ggai up
as witness TESTIFY. Other cases since ths c-esou IN
Watkins case ali tend 10 this view 81 the mAiss' ana
MAINTAIN this distraction, very purpose OF ayoid
rr conflict jurisdiction between the state dnd tne
ted Courts aud 90 prevent such )urts ron IN
ferruy al the process OF each oI-T LNon tle grcl
VIII Of habess corpus be Issued N sueh cases un
ss 70 secure the person custody rs wt-ss or where
II IS by process color OF process OF the Coat lie
case Of Watkins is not case upon whlch the VIII can
issue. ,
.tersiued by the Court Il would Do unnecessary - look
for authority Ii the opnion just expressed Is correct
The ned States has no power protect It's VA ocsrs
Judge Kane said-Ihe OF GOV. Don decided the
question at issue Judge OF the supreme Court h
rsht 10 issue writ OF habeas corpus where prisoner
Is IN custody under process OF State Court Du' 10Y us
purpose Of using him as witness 80, 49,. =
Mr. Ashm-Ad piled that Il was a lAmentaole Stale OF
things If such Is the law. 49,,
Judge Kane interrupted Counsel. by stating tht' ne
would not bear argument upon the wrts bat SIMPLY 40
70 whether this Court bad right 10 issue the wrt lie
would no; inquire into the policy Of the law.
Mr. AsLmesd sfid-lf Law has = fundamental aeiect
will your Honor not hear It discussed II
Judge haae rePhed-Nc are nos hearing an Argument