The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-28
Supreme Court In Chambers.
Before Hou. Jld6e M,tenell.
THE BxTRADITION CAsR.


DEC. 27-M the Aa1er Of Alexander Hbonn, claimed ty
The BritIh Government under the act of treaty, as fugitive
tysm charge Of Fmgry-Ar. Charles OConor, United
States District Attorney appeared behalf Of the 60
verpmsnt to that provisions the treaty
fulfilled and to enter respectful protest against the In
OF the State Court with the federal
He said It for him to state the precise
form IN which the question before this tribunal
the which have taken place ia this and
other courts plainly show the form in which the matter
now appears Proceedings are pending agsinst the
cused party Alexander Heilbonn The courts Great
Britain, to determine his guilt innocence charge
Of forgery BE was arrested here and proceedings
CONNER ced before magi trAts OF the United States
he supposed, in due form; while tie proceeiiLgs were
there pending this court issued writ Of habcas corpus
to inquire into the detention Of the party. The
Judge had before him all the papers ia the
and it is now asked that his Honor determine
whether that prisoner shall be delivered up
not might not be OF any great politics importance
either to the Interests Of this country to the treaty 10
question: to the ends Of Justice whether his Honor
came TO any decision the matter But the prAc
tce Of the State Courts arrespg the proceedings of ths
convenient that it is regarded byi the ores
important question whether the courts OF the United
states can or cannot administer the laws For that rea
and 1t H. the refore intended to resist this writ which his
honor the Judge has allowed, and thereby bring it to
test The courts Of the United States special
limited authority while the Of the State may be
said to exercise unlimited and loosely described
authority Mr. OConor weot on to show that the CON
ctng authorities OF the State and United States courts
would In these matters lead to very great inconvenience
1t were to thus might have the Sheriff Of New
the ha,shsl in the custody Of the Sheriff IT'S conceived
that the writ OF l0beds corpus, secured by the
..u% 10 o. me oH.a STATES, AND rei riasd Dy the
cevins Themselves sgxreved BY detsnton the custody
of marshal OF the United states under color of
Issued BY judicial officer acting under the laws Of the
United States The writ Of hsbsss corpus
State authority il not appropriate to such cases, and
Of the great ncon venenoes likely be experienced
these ink rsrences with the judicial powers of the Uni
ted States by the State suthorts 1t has been desrmin
hat nhaH Of hoso
corpus, and carry the question Of its validity to the Su
Prems Court of the Unite States In proper form
In that way authoritative Judgment can te had,
settling finally whether the magstrscy Of the Uated
States exe cise over the cases within their urisdc on
an independent authority, whether at every step in
the progress OF before them their proseedngs
be interrupted and SUBJECTED to revision before any
Of the numerous State judges who are invested
by the State statutes with the power issue habeas
corpus He Mr. OConor, therefore respectfully Informed
the Judge that 1t has been cetermiued that the marshal
shall not yield any further obedience to his honor this
matter
The Judge imputed II Mr.. o'Conor was willing on the
Fart Of the to listen to any suggst tons from
him.
Mr. OConor after other obser yations ~ to The
In which the action Of the United States author
tie had been ntetered with In Pennsylvania Ohio Wiscon
sim and In New York said it the desire IT the
eovernn ent that he should resist the present
He would be glad TO hear any suggestions from tbs judge
ard to let the matter remain open for his honors
sderaton.
The Judge said it appeared to him that he should give
bis decision and then an appeal could re taken 70 the
the general term agan.t the United ates, the
ter could be taken to the Court Of Appeals Of United
States
Mr.. oConor referred the Judge to the I'd Rev STAT p
68 sections 81, SIS &c.
The Judge said he DESTROYS OF deciding the case in
accordspee with the views Of the law, and Of put,g It
In such fCrH 81 IL might come before higher tousR.
Mr. UConor remarked, that If this Court decided that
the prisoner be discharged, and he IL kept ia custo
d he may Immediately commence action Againft the
msrh.i To that proceeding, he, Mr.. OConor, would
demur
Mr.. Busted, behalf OF Hebonu did feel 1T lib
esty to content TO any fudher postpor emept ami
marked that In the event Of the Judge ordering the dis
CHARGE o. the prisoner and the marshal refusing cbsJ
the final order Of this Court he the narshs would IN
cur penalty Of 81 600 for which thai respectable old
gentleman, Uncle Sam, would have tn indemnify him.
Decision erved until this, (Weda esday) morning
The prisoser was in court 1t thus appears that
the Marshal as Mr. OConor plainly stated intends dis
regard the order Of the State court and apprhend
that In the event Of the Judge ordering the discharge
the prisoner and the refusal Of the United author
ties to obey the side, collision Of powers will take
place which may ir mortalzs HiehoLn, the poor and
humble Fugitive from British justice.