The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-10

Dee'''o" Of Judge Kme upon he Case Of United State. Mar
.hol' and Me fagtire Stare W;kss1orrs
PHILADELPHIA, May 9.Jadge Kane delivered his opinion
to-day in the Of the United States marhas who at
tempted to arrest the fugitive slave Wike.barre last Sep
| TENDER.
to make that arrest They held custody by the sheriff
Of Philadelphia under warrant Of ouawry from the court
Of quarter sessions Luzerne county on an ndcten,
forwarded there by the grand jury.
This indictment charges them with riot and with
committed assault and with an attempt to
kill.
/ The Judge, in conclusion, SAYS.
If the actof Congress il 10 be made operative for the pr
lection Of officers he be permitted 10 90 behind or M
You'd the record under which he confined and IL he can
claim do this after conviction how much more clearly be-
forcg concluded by the result Of the trial. which
had notice. and in which he perhaps took part much
clearly not by the preliminary action Of the committing
magistrate, the parte finding Of the grand jury
II Ia duty to hear and determine notwithstanding the
proceedings that have been had before State court
far belongs to the REALTORS right discharge under
the laws Of the United States but further not to de
eide questions Of their guilt upon charges
fcrrcd in this indictment have authority do this either
with or without jurya
Ny duties performed when have released the prisoner
from unlawful imprisonment for that Imprisonment
lawful formal may be- that Affects to punish for
nc, cnonod justified BY the supreme law Of the land
when have remanded him 10 abide his sentence.
am 10 take the act OF Congress find IL, and apply
to facts they be judicay before If the evil
dcncc presents OF imperfect Justification shall show
that these REALTORS Of them have right
ul limits Of their authority, have wifuly gnorsntiy vio
lated the law, considerations Of policy sympathy will
press upon this court to them from punshmcnt by
Withholding them from the tribunal which demands their pres
But on the contrary II IT shah appear before me that they
honestly and rghtfully sought their writ; that
they employed force only because needed and no
more than was needed they must not be withdrawn from their
duties and with the the
court under whose mandate they acted by whom
their action has been approved to take their trial in distant
part Of the country.
They first arrested charge similar to this under
warrant Of the local magistrate Of Luzcrne county Afcr
hearing before the senior judge of the court they dis
charged as having merely done their duty.
Immediately after this affair this grand jury Lusernc
county found true bill against them the charge
and they would have been a second but
defect that avoided tho indictment.
They arrested for the an action Of
assault and battery in which they required find bail
In the sum Of five thousand dollars each.
While they custody under arrest they came
before by haJeo- corpus and heard the plain
tia bat bis showing, found nothing his
sut against them.
Some three months have gone by SINCE they are be-
fore me- arrested by another grand jury
county having found second bill against them on
charge confessed by the same, and founded upon the
Transaction.
After all this think quite possbe to understand their
reluctance TO be tried by the grand jury n that county with
out assuming that they conscious Of guilt.
may be wrong right in his bat they have claimed
Judicial intervention and that has ascerancd for
duty must, therefore, proceed hear the iss
merits, nnder the Of Congress- and that end,
ceive evidence profcrcd BY the REALTORS.
Important from Nsrieo.
New YoaK, May BY the steamer George Law, inor-
nation had been received that Santa Anna had b'ocked