Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-04-12
Important Decision of Judge Mclean
in the Case of the U. s.. Marshal.

1nlpOl OtClSlOu Oh JuQR mCL6 AL
in the Case of the U. s.. Marshal.
Below we give entire the decision of Judge
MCLEAN, of the Supreme Court at Chambers,
in the case of the T. s. Marshal, attached
for contempt of Court by Judge PARKER, OF
the Common Pleas, and brought before Judge
MCLEAN. under writ of habeas corpus. We
respectfully recommend the closing para
graphs to our friends of the Journal:
The UNITED STATES CoUPT, SOUTHERN
DISTRICT OF ONO. BEFORE JUICE MCLEAN.
En- pdrte III. H. RoBINsoN Counsel for
the motion t., discharge, Mr.. Pugh against
the discharge, Messrs Chase, Walker and
Jolliffe A petition and affidavit of Hiram
H. Robinson, Marshal of the United States
for the above district stating that he was i'm
prisoned under the order of the Hon. Judge
Parker, one of the Judges of the Court of
Common Pleas for the county of Hamilton,
for the performance of his duty as Marshal,
under process issued by Commissioner of the
United States, and praying for writ of habeas
corpus was presented, which being granted,
the Sheriff, in obedience to the command of
the writ brought the petitioner into Court,
with the following return:
capri 3, 1855, for return and answer to
the habeas corpus, the Sheriff of Hamilton
county saws that by virtue of an order OF
the Court of Common Pleas, and in pursuance
of the command Of said order, he arrested
the within named III. III. Robinson, and COM
mitted him to jail as commanded; and that
he now holds him in custody by virtue of said
order"
It appears from the facts Of the case, that
on the 30th of March last an affidavit of Lew
is Van Slyke was made to Judge Parker, rep
resenting himself to be the guardian of Ro-
seea Armsteaa, and that said Rosetta was
then held in illegal imprisonment by Hiram
IL. Robinson United States Marshal, under
a certain pretended warrant issued by John
S. Pendry, claiming to sit as commissioner
of the Circuit Court of the United States for
the Southern District of Ohio, from which
said Imprisonment said Rosetta was dischar-
ged by order of the Honorable Court on
Thursday, the 29th day of March current, in
violation of which said order Of this Court, and
Immediately after the said minor was placed
i'm the custody of the affiant, the said Hira m
ii. Robinson again seized the said minor un
der the same pretended warrant of said Pen
dry, and now holds her in illegal imprison-
ment, &c.
Upon which affidavit writ of habeas cor
pts was issued.--T To this writ the Marshal
made the following return:
"The answer of Hiram II. Robinson Mar
shall of the Southern District of Ohio, SAYS
that on the goth day of March, 1856, he was
L - Ill e "a
duly appointed and qualified that on said
day warrant was delivered to him by John
L. Pendery, ,Commissioneroft the United States
approved by the Circuit CouIt of the United
States. which commanded him to arrest Ro-
setta fugitive from labor, &c, and that on
the 9th of the same month, he produc ID the
said Rosetta, before the Commissioner, as
commanded, and thereupon the hearing ol
the claim, made by - Dennison, specified
in said warrant, was regularly commenced.
/. "That the hearing of the claim has been
adjourned from day to day, and from time to
time,~before the said Commissioner and that
the determination thereof yet remains to be
made
"That. on the Both Of March aforesaid, and
before the delivery to the respondent OF thi:
writ, the Commissioner adjourned the tria
and determination of the claim until Tuesday
morning, the 3rd day of March, at 10 O'Clock
A. NJ, and that the Commissioner did ther
direct the respondent, as Marshal, to produce
the BODY of the said Rosetta before him, OF
the dav and at the hour stated, to abide hi.
determination as Commissioner in the preni.
ses.
"This respondent, therefore, respectfully
denies the right and jurisdiction of the Cour
of Common Pleas of Hamilton County, tC
compel him to produce the body of the said
Rosetta before it, under the circumstance,
stated"
Ii is admitted that before the warrant o.
the Commissioner was issued, the colored CIR
Rosetta was taken by haJeas corpus at Column
bus, in Ohio, while passing through the State
with the agent of her master, before Judg,
of Probate, who decided that she was free
and at the same time appointed Van Slyk'
her guardian.
The seventh section of the act of Congress
of the I'd March, 1888, provides, that eithe
of the justices of the Supreme Court, or
/ Judge of any District Court of the United
/ States, in addition TO the authority alread,
conferred by law, shall have power TO grm
writs of habeas corpus i'm all cases of prison
/ er or prisoners, in jail or confinement, wher
he or they shall be committed or confined ol
or by any authority of law, for any act done
or omitted to be done in pursuance of law o
the United States or any order, process o
decree of any Judge or court thereof"
1t is contended that the case under con
sideration is not within this statute. Tn
marshal omitted TO do the act ordered to b
done by the honorable Judge Parker, becaus
it would be in express violation Of his duty
under theact of Congress This is literall
within the act. But it is alleged the Com
missioner has no authority TO act judiciously
as he was not appointed as judges are require,
to be appointed by the Constitution.
The second section of the second article G
the Constitution provides, "that Congres
may by law vest the appointment of such in
feior officers, as they think proper, in tn
President alone, in the courts of law, or i
the heads of departments"
BY the fugitive act of 1850, the Commis
sioners appointed by the Circuit Courts of tn
United States have concurrent jurisdictio
with the Judges of the Circuit and DistriS
Courts of the United States, &c
These Commissioners were appointed vi
der the act of 1910 and un.lar fLat u.s Al !.