The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-01

AL 90 . ~arfsnt t.-ued ~ Tue District Judge, upon
= gh.fys ~ ir~on. shssi Justice Marshall ia or
5arf. foss. wsi ns ~ pst.r. ,os) oher,es that In
IN. essc = Mailman ssd ~~art~ out the h,beas cor
o. 49, AWARDED 81 The prnriple which II
ga a.ar1sd In namilfsn's case md, IN pr,fe
ksarrey Mr. iusticr story la stating the points In
80 rles etscrNs The hr,t l. whether or not this
eoart kas Authority a. is.u. a habtl- sorpas where
p.r-cn --in 81 under The order o. any
other eouri a 10 tntsd Sta,ss ~ aud then says,
nftaf 4 = UNNECESSARY q ssy more than that The
g. ~ la- ALREADY pas@t In rsss 1sficffs1i IN this
eosHrt IN the az 81 Esiiaan AID -sartwout, "
/ 49, sxp.-~iy a.eidsd aIru hn Argument, that THIS
court poa-s-ed snrh suthorfy, aEd The question
IA. ever slncs ,een consssred - rr-t Va the ca-e
~ - fans Watl "a. Esl-pfs-a ~ fft.r-, S5~'
thsre Is a -iin -trlncsr caer.t~ ~ fhs power 10
ls-us III wrt T. that ca fbe Pt'-ottr vas "a en-
tsev afths marshal nbsr tbsee executions regularly
iss,.f ert II ~. fsr-tf Cont hot their Efficiency
h.a svfgsd ~ tie n firct ~ ne marshal 20 bring
a the if.y 20 n. w'Itu day. The error or wrong
ia a.Irnfla - vtcily WITH tie marshal, aud Yet
tfsr-rrf i..nsa AZ hsisas csrpas. and discharged
ths rr-srsF - casc stlns. upog The principle De.
rilcd Ia flam.ltns cas-. and IA Balimar and Swart-
wold thai 10 VT ny i-sse IA Al cases where the
rf.,aner : IN crsif.y Under and BY oolor 81 the
authority II the gntsa states. IN the case a. -ssis
McizNrr Tie Vrt~arft Committed Ca the custody
81 ts martial ~ thc District judge, Al has cham
ter una,f &C. r'aeh traiy = sx,rsdiioa. This
conf held fnat thFY pos sei NJ IoNrr ~ issue the
wit 81 haias cfrius. lnaslnnch Al tie order n com
~ ituisNt had bfeu n4ae ~ chaml-.r~ aud not in
coNrf- Tbs caae UnJcuttedly stanl- alone, and has
Nsy mech nQf4ossd tis rower ~ the court
IA issuing the goat Wit In hN0t ~ the
Liberty ~ fhr citizen, from thai repeat
cdly asserted Ia previous casss. Ret Do not pro-
pn~s a. disturb = Tor tbs cass esf"rs ~ ! within
thc doctrine n thls and 81 every other that ha.
her,icfots teen pss~'d upon ~ the court a. shall
proceed bfieny - show lhs habca- corpus which
sued In -, before ". 81 "a. court below
70 The marshal broaghi ~ The body Of The prisoner,
and al-n the warNut ~ COO mtmsni. into that cont
and thu ecrorah = ths Commissioner BROUGHT up
tho rcord tgoF a the record al The proceeding.
bc',r him. uroE ~hich The Sarrant hal Issued. The
whole ease, thenfott was ln that court. And pend.
nc The cNaIlinaton 0r hearing the prisoner in all
ease, ca the rsi.ru AZ the writ : obtained not
the original warrant hri under the authority 81 tie
wit n talea= corpus r. may H. haied on the ncturn
a. f6 ~ dsa e - n NJ ned = tho same jail whence
~ came, b Any 0thtr place q Ss keeping under
Tie control II m court o0iccr isuing The writ.
and ~ is order brought up frvm time a. time, til
the cont ~ ofieer determine. whether n = proper
o. diseharyc o. rcmand him Absolutely. The Kings
Bench may, pending the heartg remand 10 the
seme prison ~ ~ their own ths Mar.hal~cs. The
efficacy o. 'fc original commitment i -uPerscdslh y
this slit While TIE proceedings under i are pend
Ing and the saf, keeping ~ tie prisoner i enlircly
under the authority and DIR tim - the Court s.l-
ing il, or ~ which tic return l. made. tRaccn. title
Ilabeas Corps, y. ~ mod. ~. ~. The King
Bethel tomyu, title Habess Corpus, Vent go.
$40, . East if6 u. and o.. SIS. u. aud A 295.)
Holt, Chief Justice. observed IA the king BE.
tLcl, when man comes IN ~ hGhcas corpus. by the
power ~ The Court, he may be- hailed o. appear ~
de a. dis0 TIL the cdse l. determined. and then he
may IT, remardsd y the same prison. - y the pc
ttiop % right he sgain rnarss, we ~, Il bail %
discharge u three days, but when se bill THAT H.
~ d'e 10 d9l) and afterwards remand him. Il i 40
escape, ~ tie antr, j. " rtainitar, AMI tia, =
commitment grounded on the odd one. The Circuit
Court, in III. case before ~ amer reviewing III. pro
ceedlngs IN the return ~ the writ, and aiso
10 the ceftonr, arrived ~ the eoucllsion that
they were regular and legal and % nc H. own words.
Accordingly adjncge~ ttst tho eoIaInl Henf and ln
rrsonmsnt q the prisoner ,r The IN The return
10 the habes corpu ia the ct forth, sufeni
End warrant IL Law for bis detention ~ the
shal. Therefore II = orierded ~ the Court that tie
writ, Sc bc dismissed, and hat the prisoner l. nd
ed and continued IN M custody Of the marshal undar
such his arrest and commitment ~ the Aforesaid bro
cess meaning the original warrant q the commissioner
The question here Is, whether upon the law
ing the writ Of haheas corpus, aud 10 which | have
referred, and upon this judgment VI the court, the
prisoner j. j. not held in confinement under the
order Of the Circuit Court " he l., Is admitted
by all that this court has jurisdiction 81 the and
J. bound 10 revise that decision. That court not only
adjudges the commitment and imprisonment lawful,
bat directs the prisoner 10 be remanded whsh, say
Holt Chief Justice, j. commitment grounded an
the old enc: and, further. (Which was -uperinou)
the order directs that he shall b. continued in tie
custody Of the marshal, under the old commitment.
How it can be- said ia view ~ the law governing
this writ, and Of the form Of the Judgment Of the
court below that the prisoner j. not la confinement
under that Judgment but simply under the process
Of the commissioner, without dependence upon that
judgment admit am incapable OF conprchendiug.
But II any further authority j. wanting upon this
question, viii refer 10 an carly ease in this court
Y0y7e Burford G. Cranct stS). That coul
mitmcnt IS magistrates L ibis district The ease
was reviewed on writ Of habsss corpus by the Circuit
Count, and tie prisoner ronanded; afterwards, a
writ Issued from tbs court bringing W the prisoner,
ard also the lgoceedings which were before the
court below. This court discharged the pr's5ner.
saying that the warrant Of commitment by the una.
gstrates Illegal for not stating the cause ~ coin
nDtmeut-that the Circuit Court had revised the
proceedings and corrected two Of the errors OF
the magistrates ana lett the rest. 1lsr c9-. Ia
principle, j. not di-tngui,hable from the one
before O.. Here the Circuit Count has corrected
more Of the errors ei the commissioner, II
any, bgt Confirmed IL of them, aud fecomintted
the prisoner 10 the custody Of the marshal.
II Ia. been argued that great inconvenience
would arise. if The writ o; habe9s corpus could issue
from tlis Court into any part Of the Union 70 bring
W prisoner o. a petition ,aat be wa illegally ne
sfrrins5 Cf rs liberty under The authority OF the
United ssates e. tie proceeding must be attended
with dsay ard expense. by reason 81 the great oN-
teIi q Or territory. But, i must b. remembered
tlei i tx cess Il rg1t 81 pr"peit. involved, de-
l.rder. visH She iag- 3. he Union, and decision
1csii ! ~ ne party sgainst whom decision has
been Lla1s Ii STATE Court however small the
anscu, IL eOrfOyGry. j. entitled 10 a writ OF error
appts u tbs C0uI, % bring up the case ior r.
yi.w ~ tie 18th section Of the same act IN whicl
thi. l4th section j. found. And | ain yet u learn
that tie rirht Of the liberty Of the citizen i not
dear to Linn and entitled T. be guarded With equal
care ~ the constitution and laws, a. the right y
property, Notwithstanding the supposed inccnyeai-
ence, Such has heretofore been, as we lave seen,
the opinion in this Court, when dealing with the
writ IN que stion aud ] will simply add 10 the Ian
guage OF Ch J. Denmsn, in the care Of the Cana
dian prisoners, that it seems TO me that We
would u tsnpering With this great remedy Of the
subject the writ Of habeas corpus, il did not say
that We would abide by the practice We End, and
deal with this as il has been formerly dealt with.
am satisfied. therefore that this court has jurisdic
ton 10 issue the writ OF habels corpus to inquire
into the legality Of the commitment below and. a.
the whole case i before on this motion, by the
stipulatons Of the parties, shall proceed y an
animation 81 the que ticns raised upon the merits.
II may, think, be assumed. at this day. a an I'M
doubted principle OF this government, that IT. judi
cial tribunals possess no power 70 arrest aud SIR.
render TO q foreign country, fagitiye from justice.
except authorized by treaty spulitions, aud acts
Of Congress passed IN pursuance thereof. Whether
Congress could confer the power independently o.
. trcaLA n .tian not ncces-ariY inxll. - M