The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-08-11

wing il 10 make copy OF IT, and used the th'
to remove the prisoner from the custody OF tn
taller. who otherwise would Doubtless hav
obeyed the writ then about to be served upo'
him.
Mr. Asbmead said something in answer tina
looked like q denial of Mr.. Pierce's charg
auainst the marshal and added, that he wa
free to say that this Court had no Jurisdictof
Of the matter now before it the prisoner being
IN the hands of the Marshal Of the United
States
This Mr., Ashmead is the same counsel
learned in ME lac, who framed the half nun
dred indictments l)r treason, in the Christians
cases, of immortal memory
After some further discussion OF this question
of Jurisdiction. between the Court and MIR
Ashmead, MIR. Pierce asked for an attachment
against the marshal and the Court directed II
to issue.
The attachment was given into the hands
of the deputy sheriff of the county. After
much delay and avoidance of the deputy sheriff
at twelve o'clock the marshal was brought into
Court The Court called upon him to explain
why he had not obeyed the writ of habeas cor
nus. The marshal disclaimed any intention to
offer contempt to the Court, and only wanted
time to make his return to the writ. 1t had
been served upon him the day before The
marshal then filed his answer, which averred
that he held the slave by direction of the Uni
ted States Commissioner, and that he was d.
rected to PIKE sufficient force to convey the
prisoner into NJ aryland, and deliver him to his
master.
Judge Thompson replied to Mr.. Ashmead,
who spoke in support of the suficiency of the
marshaps answer, and of the duty of obedience
to the Commissioners certificate and order,
that "this Court has right to know who
takes away our citizens We do not know that
the u s. Marshal holds the body, or that Mr.,
Wynkoop is the marshal There is no clash of
jurisdiction here. We desire to know whether
any offence has been cOmmittd by the alleged
slave against the laws of our State. We don't
intend to take him out of the custody of the
marshal"
After speeches by d. P.'Brown and w. S.
Pierce, Esqs, on behalf of the prisoner, and Mr..
Ashmead for the marshal, Judge Thompson
said the answer is insufficient, and the body
of Fisher must be brought into Court by the
marshal. Mr. Ashmead after consultation
with his client, answered, that the marshal de-
clines bringing the body into Court and that
he stands upon his return.
Mr. Pierce then asked an attachment against
the marshal for contempt, Judge Thompson
said " that it is always to be regretted, when
the acts of an officer were calculated to bring
the jurisdiction of the State and the United
States into conflict The States are sovereign,
and their laws must be enforced wherever it
may lead us. The attachment is ordered to
be issued"
the sheriff.
Thus stood the matter on Saturday
u s. District Court His Honor Judge Kane
presiding.
On Monday morning, the marshal being in
the custody of the sheriff under the writ of
attachment, Judge Thompson directed that Off
Ger to convey Mr.. WynkOop immediately to
prison. Pending this order, Mr.. Ashmead in
formed the sheriff that Francis M. Wynkoop
was about to appear before the United States
Court, and he would submit the affair to Judge
Kane.
Judge Kane Heard the application, and after
q patient examination of it, decided that the
United States Judiciary act alone gives to this
Court the authority to issue habeas corpus
the process asked for by Mr. Ashmead on be-
half of the marshal-and reading the proviso
to the l4th section of that act which declares
that "No writ Of habeas corpus shall issue to
bring up the body of a person in jail, unless
committed by a Federal Court, or is detained
by authority, or color of authority, from the
United States, or unless he is needed as wit
ness in case pending in Federal Court"
We cannot burden our abstract with the IT.
relevancies and obtusenesses of MIR. Ashmead.
Judge Kane prayed him in the mortar of his
legal logic, through two columns of the Regis.
Yer sreport, with what success we need not in
quire, but to the clear conclusion that on the
statement of the case the United States Courts
have no power to issue the writ. Or if it were
issued, that upon learning the marshal was in
custody of the sheriff under process from the
State Court the writ must be quashed. On
these terms Mr.. Ashmead concluded that he
would not ask the writ to issue
After recess, the marshal came into Court
made his own statement and took friendly
lecture from Judge Kane, which we regret that
our space will not allow us to give in full. Mr..
Ashmead's share of Judges counsel also, would
well repay perusal, but we must hasten to the
result,
Inc Marshal before the State Court again, Nth
SUBMISSION and an amended return.
After the hearing before Judge Kane, MIR.
Wynkoop, in custody of the sheriff for con-
tempt, appeared in the Court Of Quarter Ses-
slons on Monday afternoon, with the body of
Fisher, as commanded by the writ of habeas
corpus served upon him on Friday; whereupop
he was discharged from arrest. The Court
then ordered commitment to be made out for
Fisher, to answer at Court and to await the
claim OF the United States Marshal Under
this commitment, the sheria's officer surren-
dered Fisher into tho custody Of the keeper of
the Moyamensing prison.
The original Hdbeas Corpus The Slape pres
emf TN Court.
This morning Tuesday, July 26,) the orig
nal hdbeds corpus granted by Judge Allison on
the petition of Lttleton Hubert bail for Fish
er, upon the charge of assault and battery, and
melting to riot, was heard before Judges
Thompson and Allison, Of the State Court
Fisher and Hubert represented by D. P. Brown