The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-06
The Street COnnissioners' Dispute
for once.
SRB DECISION on The HABEAS CoRPUS
m. DEvLry DISCHARGED FRoa CUSTODY,
&c. Ae- -.
Court Of Common RloaA.
Before Hon Judge IpRyahsm.

pm The petitioner brought before me on the return
II hsees- corpus, allowed on his petition, and the Sheriff
ret,ps thu, be holds MIN custody by virtue
"o' h- rest, ssued by Mr. Justice Peabody under the
asuse which authorizes proceedings for the delivery Of
re pubic books and papers The Office the
Dor Of any dying o;her~ vacsng the Office The
proceeding. before Mr. Justice Peabody instituted
he complaint D, Daniel D. Couover claiming TO be the
Of the late Street Oommi Taylor N his
complaint he that he appointed 10 ouch office
BY The Governor OF the State has ne has received the
smmission that be sss taken be GA OF o,e and dled
ne necessary and has done thing necessary 10
sp.hy himself therefor rhe section under which this
sSerg taken IL Inc 6lst sscpon u o. ca s. pt OF
4 3 volume ll6, sd ed This section prov des that
We pointed or elected 10 any ONCE shall
ne, OF MS once shat IN any way become vso~n ana any
Ack papers belonging or appei tanning 10 such office
IhA the hgoGs OF the SUCCESSOR 70 such
,ioe 10 he manner nereipbeiore prescribed, de
surh oooks and fism .he having the
bir posse-siou ano the being ~ihhhed
Dc obtained for such delivery also thai
Of omission Of the person charged 20 make oah
o. the delivery Of al such books and papers demanded
Sooh perfon may DO committed TO jail and search
rAsi rsped So me petitioner was arrested under such
commitment and confined In custody In the Jail Of
ne OF New York. By the 43d section Of the act rels
I've 10 wfs VI hsbea. corpus, the OF Judge the
OF such writ lie limited, and he IL directed
rand The prison except certain the elm specified
Those csses which applicable 10 mis- petitioner are
l. When the urh dioion OF the Office exceeded
when the process has bean Issued in q case not
AAowet by AS.
When me process 10 not authorized by Any provision
Sss
Ahhough .eparstely stated these deren, sAses are eli
ucloc ed within he term u soic ion and the odesto1
~o,ch ] called UPON deOde IL whether ~ the
PAGERS preseR ed Jlstice Pesoody foundation
n The proceedings whico uted in the commitment
u The petitioner there facts stated sufficient
bring the within the provisions Of the statute
authorize the Justice IN the proceedings which
subsequently were ak, n therein. Thp proceeding II
. SPECIAL In is character, .ts ope
no. nave seen in The late action OF the Supreme
toart In denying he penone an opportunity ofrevew
pg the derisiop Of the mAesuate conclusive Is
suite and coDdembng the prisoner TO per peuA impri
sDmsnt II from any csufe ne prevented from compy
Win the order dressing the delivery. Being OF this
chm rscer should ne coustr strictly there should be
doubt of the sufcency ~ the facts AXE the
MS ieuor and there ,hould DC no presum oions enter
iscon If the psperr DO not show the m.sers stated IN
the hw reuesssry 70 oossn ths order from the uags
"a e. tnen No jurisdiction was Inferred on b which
~oGd sustain the Subsequent proceedngswbs there "a
9eoeesyy for this purpIse.
L The es:h of The Incumbent A to this there "a no
That books or papers shall the hands of any
rsn This s stated in the peton a. 70 the petitioner,
Akbocgh time ID stated when such oooks and pa
s<srs came ~ bis possession Il may well be doubted
Sheshe, mere possession s suce Ut without showing
hal the session not obtained after the appointment
Of The The Of the act however,
general tks should hesitate before adopting the coociu
Of jurisdiction Whether proof Of the fact before hi n
proper 10 grant the warrant It is not within my
prov nee - decide
me APRON ment Of SUCCESSOR the demand by him,
the wihho dns Of the booE ana pepers by the per
CHARGED compete he facts necessary 70 make out
jurisdiction
70 he questions airing In regard 70 he matters
necessary under the third head that the arRu
nens Of counsel before me have been principally
auec;ed, ana IT Is 70 the examination Of these
Jueeiiops that rhan cnndDe myself 1T this time In
ne outset OF the examination, the coansel for the
respondent submits % digestion 70 any conclu
different r. thai OF Hr Justice Peabody, TIA, It 10
my duty recognise his decision - the 10 Of the case,
,nssmuch be hsn decided Ii he had m iuysdc
lion Of the matter my duty 10 rornans the prisoner
forthwith, convinced that such Jurisdiction
BOD, s, the question Of ar,.dcon va, distinctly passed
by him In deciding This case. II not, then there
force The objection But a. the counsel has stated
such been the thA iAfe for granted that
he question decided by him Hsnch course a. sug
gosted by the council uld With proprey he adopted oy
mo, should feel thereby relieved from the labor of fur
er e1smnlpg thus case and from expression Of any
,ptnons which might cor rt with N se OF hat Justice OF
be suureme Court The argument receives ADDITIONAL
IN my mind from The recollection that my dc
sstop The nrs instance by the Supreme Court Of this
district Upon more mstare reflection however, have
u diher ent conclusion The liberty OF the citizen
involved 10 the application, the authority 70
eose'tsin the proceeongs for tie delivery Of the
n. u,See the suure ne Cou,, ana me ar., Iuds. Of
M oouri ether one In acting acts only mags rate
ost Of court ard the decision Of either is 10 be
sASdod he decsion Of the court which he belsogs
su' Of himself individually - magistrate merely, and
o. court Nor ! supp that any msgstrate
would tor moment entertain the opinion any
hat c. nifty and respect which Is due 70 his decisions g
sbosp shep an-oer paxistraie dischsrse~ duty male
,bhsstory by Ia and om which re canno, depart s.ta
put exposing himts elf 10 the highest For
Art should Ne taanKfui II IN any IKE TITS nvoSnG
be close mp sonueu' Of II Gen. other Magistrate
con n go OF m errors, .hoald BY his desou corres
In the Of the reople Yates, SIS, aud
o. Y 333 nApreAred that Yates Committed bf
he Court ~ Uhanoery tr contempt aud Discharged
on hsbea. corpus by Justice OF tue uprome Court and
Athopgn his d.cson reversed by the snpreue Court
n that cve also, by q second commitment By tho
Court " CnADcefy, Yates again discnssg ed from i'm.
r,sn mel by The same Judge aod although Chsocsl
~ WIN hsA originally COMMITTED Ystes f6r the g.
scted OF the "a OF Errors he lew OF
Me case and complained o. the conferred the
q infer magisrrAe.; Jet he never venturrd the
ruggeu,n that such magktrsea bound take ,hs
Of The superior tribunal and fefu-e ia erfsre.
ahbou, aasaed that SUCH oeoslon was erroneous We
reerree % the Gaze Of Ihe People Greer, Sheriff
"a Seward p PIP SOY a. showing mat the Justice OF
he supe CIV ~ refused 10 reverse the decision Of
sepersi Term % The Comm Seas mere q
com uitied for CONTEMPT N that ease howe ever the
aae.uon Of pracce in the Go8r the rule. Il
Rcne are within the pTwer Of the Coart Where
6s Genera Term had settled their decson what the
psAcoe ala be could lot with proprety De the
ei OF reyeS on hsoess corpus 10 tue case Of Ysie.
JU Spencer referring 10 the right % ray an
Ice been buu aied tha, the Court OF Chapcsy
n zach hsn juTisiicsn tina, Il inca mpctent for
Judge Of Ills Court ether 70 intermeddle with Ia
process or que,uon the Legality of it, proceeding"
" On AL due dcfertnc for such opinion. ] c.nuot
subscribe " Il. IN every .bing on hsbeas cor
pos. The cole IL quiry ought 70 be- s Inc or soner egay
Illegally 10 custody aoo not WA Court commit ed
reviewing qseson which been passed upoo oy one
d M hghest Juccsl characters 10 toe stsiea leson
evolving rishi 70 exercise jdrsdiop ca'uei by TIA
ko~ever, no INDUCED far lead surrender ~
he pre-oCsves Of sDotber Judicial depsr the
demolition Of personal liberty" cohhdel IT me
u0s, conducted the rcceediuss In this would
DO bus Limit the power Of magistrates int -rt, and
you'd ash more authority for ns decision than the
respect which Justly due 10 H. tn for b- personal cha
-~eser ano bs psiuon There can, thips be no doubt
hat mAsTRe ihus called upon by the sw 10 decide
the legality Of toe imprsonm mt o. cidzen is bound -
sxamoe INTO tne submitted 10 him. AID he
oonvuo GEO on such ersminaob the imprisonment
1nsnuorzeo ~ As, W dischsrge such prisoner,
no 81 " suon cranua uon be tnoud ARR st oonclu
gon okeren' rom iha1 % tne committing mag strate.
be brings the question Of iuri.dctinn and UPON
he view. tina, may be enrs1ei Of the INSTRUCTION Of
he statute under Witch the ri,ODsr sAs CON nted must
re-t the decision n TOE question II cnceed NV ali the
ooupee, and toe decisions Uniform on tho .ubte that
he p~ocecons for Ne delivery q and uarsrs can
he used FOR the Vurppse of esabshug the % ~ an,
zoe to the once W Sbch the b'osr uaperp belorg
rnis only be done geo to1rraao Tho riyh, N
OcLover the tffGe q sire toDey came 40
Affirmed oy any ososion ma taereiu, no, woali the
sstm Of nevlin he Ia manner iDvsiiatsi be- an n,
ser deliver be ks and papers 10 ora p1.se.son
scr could NE p'ooet dsDg In my judgment, be sh any