Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-06
Arrest of a COntumacfOus WfIness.aHfa
Release by Judge Shaw,

BOsTON, April 1T. B. SanbOrn was arrested at
Concord by T. 5. officers last night under reouisi-
ton from the Senate Committee. Judge HOar Of the
Supreme Court has issued a writ of habeas corpus
and the hearing Is now progressing in this city.
Watson Freeman, Jr., Deputy U. S. Marshal and
Silas Carlton, Deputy Sergeant-at-Arms Of the L s.
Senate, called at SanbOrns residence at 9 O'Clock
last night. Sanborn refused 10 accompany them,
when he was handCutfed and taken to a carriage at
the door. during which he struggled violently and
the members OF his family cried murder, fire, &c.
The excitement spread and the town bells were
rung, cOllectinga large crowd.
Rufus HOsmer, citizen, died suddenly, it is sup
posed from the excitement the affair Occasioned.
Sanborn was forctly taken from the officers by the
crowd, and kept out of their power until 4 writ Of
habeas corpus could be obtained 1t is saiG that the
writ has been prepared for some time in antlcpa-
ton of the arrest.
Deputy Sheriff John B. Moore served the writ of
habeas corpus and arrested SanhOrn. which ended
the mission Of the L. S Marshals posse for the time
being. The following is the writ of habeas corpus
Commonwealth Of Massachusetts to the sheriffs
Of our counties, &c We command you that the
body of Frank B. SanbOrn, of Concord, in the
county of MiddleseX, by Silas Carlton imprisoned
and restrained Of his liberty as it is said you take
and have before q Justice of our Supreme Judicial
Court in Boston, in the county of Suffolk, immedi-
ately after the receipt Of this writ to do and re-
ceiye what our said Justice shall herein AMI then
consider concerning HIM in this behalf and summon
the Sllu SllaS OdElLOn tutfG ana lueu 10 appear
before said Justice, to show the cause Of the
taking and OBTAINING Of the said Frank B. San
born and have you there this writ with the doings
thereon. Dated April 3d. 1860. Signed, Ebenezer
lockwood HOar, Associate Justice Of the Jupreme
Judicial Court.
John S. Keyes, JnO. A. Andrews, and Samuel E.
Serial are counsel for SanbOrn, and the L. S. Dis
trict Attorney, c. L. Woodbury., and Milton Andres
for the United States. The hearing Is before the
full bench consisting of Shaw, Metcalfe, Bigelow,
Merrick, and Hoar. The subject Of the arrest Of
SanbOrn was introduced in the form of resolution
to employ the State Attorney General for the de-
tense. The resolution was briefly debated and laid
on the table.
BosToN April 4th 4 p W.-At the hearing Of the
bdbsaS corpus writ in the case of SanbOrn his c0un-
sci presented the following points 2st, That the
Sergrant-aArms Of the Senate Of the United States
has no power out Of the Dstrictof Columbia, which
is exclusively under the jurisdiction of Congress-
3D. That the preCept Of arrest being directed to the
Sergeant-at-Arms by law he alone can serve it. Sd,
That the Sergeant alarms cannot deputze his pow
ers TO others out Of the District Of Columbia. At
ter hearing the argument Of the counsel Chief JUS
tice Shaw briefly reviewed the circumstances of the
case, stating that it presented conflict Of author
ity between the Executive Of the United States and
the executive officers of this commonwealth.
On the first point taken, the court was not pre-
pared to say that the Senate could not have its pre-
cepts served outside the District Of Columbia. On
the third point that the Sergeant-at-Arms could not
depute his authority to OEer persons, there no
doubt and all the courts agreed that he had no
such authority. A warrant OF this sort must be
limited to the person to whom It is given by the
Senate.
The order of the court was that Sanborn be dis
charged.
The rendition Of the decision called forth demon
strations of applause, which were speedily checked
The court room was thronged. SanbOrn left with
his friends for home.