New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1860-04-09
The sanborn Case. 4

BosroN, April 4.--F b. SanbornSSas arrested at
Concord by United States officers last night, under
requisition from the Senate committee. Judge
Hoard, of the Supreme Court, has issued writ. OF
hdbedS corpus, and the hearing IS now progressing
in this city.
SECOND DIspATeH.-Wa Freeman, Jr., Dep
uty U. S. Marshal, and Silas Carlton, Deputy Ser
geant-at-Arms of the U. s. Senate, called at san
born's residence at o'clock last night. sanDorn
refused to accompany them, when he was hand
cutfed and taken to carriage at the door, during
which he struggled violently, and the members OF
his family cried murder, fire, etc. The excitement
spread and the town bells were rung, collecting a
large crowd. r. Hosmer, q citizen, died suddenly,
it is supposed from the excitement the affair occa-
stoned.
Sanborn was foreibly taken from the officers by
the crowd, and kept out of their power until writ
Of hGbeGs corpus could be obtained. It is said the
writ has been prepared for some time, in anticipa-
ton of the arrest. Deputy Sheriff John B. Moore
served the writ Of habeas corpus and arrested
Sanborn, which ended the mission OF the u. ).
Marshals posse, for the time being. The following
is the writ
HABEAs us..-Commonwealth of Massachu-
setts to the Sheriff of our counties etc.. we COM
mand You that the body Of Frank B. Sanborn, Of
Concord in the county Of Mddlesex, by slas Carle-
ton imprisoned, and restrained of his liberty, as it
is said, you take and have before Justice of our
Supreme Judicial Court, at Boston, in the county
of Suffolk, Immediately after the receipt Of this
writ to do and receive what our said Justice shall
half, and summon the said Sias Carleton then and
there to appear before our said Justice to show
cause Of the taking and OBTAINING of said Frank B.
Sanborn, and have you there this writ with the do
ings thereon.
Dated f Ap5l 1850. rarsEzER R uoAR
John S. Kris, John A. Andrews, and Samuel y;
Sewell are counsel for sanborn, and the United
States District Attorney G. I. Woodbury., and Mil
ton Andrews for the United States.
Tha bnori Ia bof fhn f,fI1
of Shaw, Metcalf, Bigelow, Merrick and Hoar.
The subject OF the arrest of Sanborn was intro
duced before the Legislature in the form OF reso-
luton, to employ the State Attorney General for
the defense.
The resolution was briefly debated and laid on
the table.
LArEn-At the hearing of the habeas corpus
writ in the case of Sanborn, his counsel presented
the following points:
First. That the Sergeant at Arms of the Senate
of the United States has no power out of the Dis
trict Of Columbia, which is exclusively under the
jurisdiction of Congress.
Second. That the precept for arrest being direct
ed to the Sergeant-at-Arms by law, he alone can
serve it.
Third. That the Sergeant-at-Arms cannot depu.
tie his power to others out of the District Of CO.
lumhia.
After hearing the argument of the counsel, Chief
Justice Shaw briefly reviewed the circumstances
of the case, stating that it presented conflict of
authority between the Executive Of the United
States and the executive affairs of this Common
wealth.
As to the first point taken, the Court was not
prepared to say that the Senate could not have its
precepts served outside of the District of Columbia
On the third point, that the sergeantat-Arms could
not depute his authority to other persons, there
was no doubt, and all the Court were agreed that
he had no such authority.
warrant of the sort must be limited to the per-
son to whom it is given by the Senate. The order
of the Court was that Sanborn be discharged. The
rendition Of the decision called forth demonstra-
lions of applause, which was speedily checked.
The court room was tmonged Sanborn left with
his friends for home.