Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-10-11
Washineton News and Gossip.


Ohio and Pennsylvania. recently resisted the
application for the discharge of James Collier
ex-collector at San Francisco, under the writ
of ha6eas corpus through which he was takeI
out of the custody of the U. S. Marshal 81
GAINESVILLE, it will be remembered, and st
free by Judge Jewett of the Ohio State Court.
As they are doubtless of interest to the legsl
profession, owing to the high-handed charae-
ter of the final action Of the judge, and to al
Office holders who like to have precedents sd
under which they may rob the treasury il
defiance of the sub-treasury law, we give then
at length, as follows, viz
1st State Courts cannot inquire into an
cause or matter pending in the United State
Courts where the subject matter exclusively
belongs to those tribunals.
I'd. When there is concurrent jurisdiction
in the State and United States Courts, the
jurisdiction first taken is exclusive of the
other.
Sd. When an officer arrests and detains q
person by legal process, the inquiry upon the
return of the writ of ha5eaS corpus. is the
same as in trespass for false imprisonment
whether the Imprisonment is unlawful.
4th. 1t will be held to be a sufficient justif-
cation to the officer if the warrant appears
upon its face to have been issued from u com
petent tribunal charging the prisoner with an
act prohibited by law.
9Th. competent court ID either a cour
having general jurisdiction of the subiec
matter or power to punish the class of often
ders charged; or a court of special jurisdi.
ton, where its proceedings are conducted
the manner prescribed by the law that cor
fers the power to punish the particular act
9th. The courts of the United States are
courts Of general jurisdiction, that is to ssy.
III the exercise of their powers they ar, to be
regarded as such, and their judgements arc
binding on parties and cannot be imyeiched
cOilatcrally.
18th. pri soner arrested by a warrait from
District Court of the L. s., issued pon an
indictment, charging an offence withiIits ju-
rlsdiction Chat Is a crime against thdaws of
the United States) cannot he lawfully dis.
charged by State Court if the warrat be in
due form Of law.
Sth. Whether the facts in a particular case
bring the prisoner within that jurhliction
must be determined in the Court which has
acquired The possession OF the party upon a
plea or motion presenting that questin.
9Th 1t is not hardship to require, party
to answer to the law. and take his tria in the
place where the crime was committed. The
right to take a person charged with crime
from that place. is asserted only in Hsnotic
governments The constitution of the United
States forbids it, the only exception being
offences committed without the territorial
limits of the government Therefore in this
case this court can only ask
LIST. Have we jurisdiction of this c.se If
yea,
Cd. Is the Marshal justified by the warrant,
But II the Court will inquire in order to
ascertain whether the facts of this Gaze bring
Col. Collier within the jurisdiction of the
District of California, then we insist thew do,
because
LIST. The United States had the empire or
sovereignty Of that territory by treaty Of boun-
diaries with Mexico, February ., 1913.
ID. 1t exercised its right of government, by
prescribing a collection District in California.
and attaching it to another district previously
fxe'! by law for judicial purposes
Sd. 1t appointed Col. Collier a collector OF
the revenues in that district in March. 1870.
18th. He was appointed and exercised his
o % tbrr nnhfr rd
cannot separate his powers from his liabilities
9Th. To guard against any doubt on this
latter point on the Sd day of March. 1919.
Congress expressly extended its revenue laws
over California by statute, and on the 18th of
September 1850. all tie laws Of the United
States were by statute extended over California
9th. Crimes against the revenue laws must
he prosecuted within five years and the offence
is charged as committed on the 81 dav of
March, 1850. The prosecution is not confined
in the proof to the day alleged and may
prove the commission at any time previous to
the finding OF the bill so that it be within the
Limitation.
7th Judicial districts may be changed to
Of bn h.,
nal may be reconstructed, and the practice
of Courts may be amended. so that the yIars
OF trial be not altered, or the penalty in
creased, or the amount Of proof necessary to
conviction diminished
oth. The erection of District Courts in the
State Of California after its admission into
he Union, did not deprive the government
Of its po*er nor discharge it from it's duty
TO punish prior offences. 1t has provided ano-
Their court in the same district the better to
answer the wants OF the people and the con-
senience of suitors. 1t has taken the power
which belonged to one court and given it to
another, but in so doing has not changed the
1lnce of trial, nor increased the 3,eunity, nor
the amount Of proof, nor made an
net criminal which was not previously pro-
nibited by law.
A CLERK DEAD AND ANOTHER APPOINTED.
Mr. Emerson McIlvaine, a brother of Bishop
Mcllvaine, who was a first class $4,000 clerk
n the office of the Secretary of the Treasury,
lied very suddenly on Sunday afternoon last,
Il Philadelphia; and Joseph L. Adams, of
has been appointed (for exam
nation) in his place.
The New YORK HERALD OK THE ADMINS
'RArIoN creates no little amusement here; in
smuch as considerable wagers were pending
n Washington that as soon as the Executive
efused to = reward" that journal Indirectly.
ts lavish praises would turn into rteating
'huse. 1t may not be generally known that
he Administration recently declined to make
| brother of Mr.. Hudson, tho Hsra/ds o,ten-
j Nc clitnr 1.oSt PaatoIa Ma-s