Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-09-13

Macbeth & BUST. L. ". Spratt. Jas b.
Campbell. f. d. Richardson, counsel for the
petitioners.
Upon this petition Mr. Buist moved that
writ of hdbeas corpus issue returnable at a snort
date.
The District Attorney. James Conner, Esq.
submitted that the applicants might properly
be required to adduce some reason why the
application should be granted at the present
stage of proceedings. The prisoners were
now in Jail, under a commitment for futher
examination. When the examination shall
he concluded, and the final commitment made
expressing on its face the offence for which
the parties stand charged before the court,
then prisoners may properly apply for witt,
and bring the case before a court. and have
such order made as the Judgment of the court
may deem proper. but until the investigation
is closed. the commissioner has the right TO
claim that his proceedings should not be IN
terrupted by such application. the commls-
sioner exercising all due diligence and closing
his examination within reasonable time. That
! reasonable time he is fairly entitled to. Ii he
fails in this portion of his duty, the parties
| NAV come before the court. The commits
sioner is himself responsible to the law. but
| within reasonable limits he is entitled to dis
charge his duty uninterrupted.
! In support of the petition. Mr.. Buist said
that any one in the custody of the law, or In
CUSTODY OI Il OIlceT ol I1lS OF any OlHtT Co'ii y
| has the privilege. as matter of Constitution
al right, to have his body brought up before a
Judge. at his rcquest, for the purpose of ex-
animation into the reasons of his detention,
and TO test the validity of the commitment.
| If the proposition De correct that the Magis-
trate of this Court has the right, without an
examination, to commit party to the Jail OF
this district. or to the officer of the law who
has control of individuals suspected of crime
| limit To Tha
ers have been in confinement since the 2Sth OF
August, and claim to know the reason of their
| detention. If the law guarantees to them
| any privilege, one of the best recognized and
most indisputable is that the writ of habeas cor
| pus should issue and all the proceedings under
| which they were arrested, and now stand
confined, should be certified to the court.
His Houor, in decision, said there was no
| doubt that as stated by the District Attorney,
the writ issued as writ of right but not as
of course; but where the petition itself con-
| tains no statement, on its face, OF the offence
| for which the parties were apprehended, but
| is merely general in regard to certain laws
of the United States having been violated.
| there is no evidence before the Court by
which the nature of the offence can be ascer-
| tanned; that, therefore. there would be
| nothing TO regulate the judicial decision, and
| that the writ would issue for the purpose of
|
| case. In this case the parties state that they
care imprisoned in the common Jail of the
State of South Carolina, &c, by virtue of a
| warrant of arrest or some other mandate
under color of authority of law, &c, charged
| with some offence against the laws of the
United States. the particulars whereof and
| the testimony whereupon the charge is based,
being withheld from them"
Upon this petition two questions arise.
| First, are they entitled to a writ OF hdbeds
corpus? In this court, no objection has been
made to them of being persons without its
| jurisdiction. Have they stated cause in their
petition? They have. They say they have
been imprisoned under some pretended
authority law of imprisonment.-The
seem to state the Case pertinently. Suppose
these facts are true? A great deal has been
said about commitments and warrants, but
the only matter before the court, was
the matter of the petition. There was no
other evidence before him. and His Honor
felt warranted in granting the writ. The
following order was accordingly issued:
EXPARTE X. T. BATES AND OTHERS.
On hearing read the petition of hdbeds
| corpus in this case and after argument by Mr..
| BUST, Mr.. Spratt and Mr.. Campbell, for the
| n.titioncrS and las ConnOr ESQ Attorney