The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-06

that bs1y UAfrHht hFfebSs Wno ne
nisos he louod rhs warrant, ~hch 10 tselsd BY Joha
C. Beckpsogo The Pros aest of The Seasto. sad Assary
Dasens Tire secretary OF th BODY, was Issued 10 accord
certGca,o was real. sigued by D. r. McSar, tho ssr.
gsrta,arm Of she s,nAIe ausnoriztog SlAs Carlton
serve toe warrant
The Court thee took short reoess durisg which tho
District Attorney peparee hes retovn, which read by
hr. Apdros IL sho~s that Csr0a srrestsd the sad
Sat horn Us The deputy u e. McNair Ssrgean, at Arms
OF the Senate BY authority Of isssed by the
President u tho SeBate OF the Uesi States gao tsa. on
1e % ., aprh the body OF tos ssii Sanbon lske0
IRON his cosaooy by John Moore Deputy Sh Of
conhv hs0dlesex, ~ virtue OF = OF hAbess
granted oy Judge HoAr emo Of the Justices Of the 5u
Mr. Reyes then addressed the Curt esying that msuy
grave quessoOs may aud TINS preoep but there
were some preliminary ones, which 6eiog seues ~oiid
eetic the whole mst'er. He would no. waive the mpa
que%0ns but would proceed 10 discuss the prelmiu ary
once, ~ folio ss-
Fst-Thas tho sergesn. at Arms has no power out OF
the mits CT the District Coiunba shero the Uaitsd
States has exclusive jur,sdios,ou
SecohsThat the prec pt II directed 10 tho Sergeant A.
Arms by namo and cannot be served by any bat
Thirdrhst the Sergeant Arms csunot delegste his
rover 70 shy other person, e0d therefore S4 Carlton
cannot justify bmseI under the warrant produced.
The laws OF Congress give the SefgeAut-st Arms ne
power TO depuseAny person rne preo@ oeiog directed
u tho Sergeant NJ Arms no other person the
writ-l Mass. 27l, 9Mass. IS
Mr. Woodbury. suggested to the Court th,t tue petitioners
q1cehon fun he would nike TO hear ali Of the grounds
90 which the habess corpus was issuea
The Court thought thas the preliminary questions Should
be disposed OF bret-
Mr. Andrew then said there TIVE Of Congress- in
relation 10 the Sergeant at Arms There act u Con
gress which creates the Office Of Sergeant Arms The
the acts 81 April TO- le0s and March g. 1915 tho Office
s Office d the Senate appointed under the rules u taa
any pocss Of the Dsict Columbia where Congress
has .u and fose jurisdiction 10 this he could
serve the writ himself and, he could no csald not ap
Mr. wooaSsry raid I. reply thas the Sergeant st Arms
was aos statute officer but appointed BY the Senate
and has such authority the S0ato delegate 60 him.
He Is officer the Senate The power OF the
derived from The ooDst rtoa OF tbe United Ssats Art
g. Under tho constitution Zach 0rdiLs bdy has
the TO act according 70 its judgment and tho
DO rule Of Law that affect the acton OF tho &c.
nste With regard to Y: ewn officers i has right
toe point taken by the counsel Tor the pssuoor
souns then the pseoepts Of the seDat reach person
in enpt out OF the DISTRICT q Columbia wout 20
tfly powefless. THIS not rst that 20
81 the Sergeant Arms has questioned Daring the
year 1872 Hon lie Sis Williams, meu0er OF CJnsress
form North Carolina for forty yeTs aud msnoer OF the
Committee Pensions, approached by AudersoD
who attempted to bribs hin. Mr.. Williams once re-
ported 10 tho House OF which he mber and An
arrested by tho Serge ant ut Arms an i'm
pSRonsd. Subsequently the SeTgesuts Arms vas
Tor assault and bary a,d fslse i'm osouneGt. Ia tast
case Justice johnson fully sustained the of tao
SrrResDtat Arm aAd the power exercised by Congress-
Wsea,on 204.
viii h witness who shall wfuily make dsrsut or
refuee to ant yer, vnea summoned NJ he House or
one OF i.e Con m'ttes to TESTIFY snsl in addition
pains anc pen sles already ia f0rcc DO liable to Gao Of
not lees than $780, nor more tbaa 81 zoe, ana aptson
ment from "a twelve months under indictment
court IN the United States,
Mr. Woodbury. coGtended that this law recognized tho
powers claimed. Inc authority IL perfectly clear that
the Sergeant bae the - xer "a cal on auy oet
or oher sd as the xgeocies Of the may require
Inc court suggested aat the question was not Ia rels
ton 10 tho 20 wer 20 call in aid.
Mr.. Woodbury. replod that the objection seemed TO be
personal 0ue aga INST Carleton is ~ De oposed, and
Is the tsir presumption that where an officer Is actsg
ocent authority amt hear tho authority of suSh
~ oficer qaeetoned. PerormAofe OF tns duty OF a.
officer warrants tho ptesumPncn Of proper authority
The Court suggested thai that where there such
an CIT nce in existence. The question Is, whether
there such officer a Deputy sergeant A. arms,
and thai the Office was being assumed rs well - the
Ar Woodbury. replied that there WAS the warrant OF
the sssate the signatures Of the vce Pres ent and
Clerk Of the Senate; every thing that the Law requires
warrant and support the presumption that ho is rghttal
officer Tho esreesntat Arms has the power Of deRu-
tzi and hist power has heen repeatedly recognized.
At the close q Mr.. woodbnry's remarks Me-. Andrew
raid, that these objections sustained he de-
sred to offer other Questions After sufficient time to mako
The question raised Vas in the nature OF motion
70 dismiss, or Of plea IN sbAtcment on account OF
Caritoa Directive because he had no power 70
make the arrest. He coutao6ed that Nr. NcNair,
the SersesntM Arms alone could serve the writ, aad
that he could II ths State. The Sergeant
Aims ana his deputies merely 70 perform su0h minis
teria they may be authorized perform those
merely the officers OF the houses they arc appointed BY
There no statute IN relation to the matter Ali
OF the powers Of Congress are derived from the coasu
ton alone. The only that granted given In ths
case BY the resolution or the Senate which the
Sergeant Arms TO search wherever tho delinquent may
be found. OF limiting tho boundary to the United
Ssiss The only from which the Sebats could OBJ
tain The 10 send the his deputy
to State would be from act OF Congress- therefore
Carlton served The his individual capacity, not
O Deputy Serge ant at Arms.
Tie Court took . recess until past three
o'clock.
OPINION OF CBIEF JUSTICE SHAW.
The Court nslf-pas three oclo ,k and Chief
Justice shaw telvereo tue following opnlon-
SHAW. G. J-rhis arrest was made Dy Suss Carlton,
citizen ana inbabtant Of Massachusetts; and II his
swer unde- oath, he shows warrant 70 D. r. MoNsir,
sergeant Arms Of the Of the United States and
says that the Sergeant entered order upon It,
deegatng the 10 Carlton to make the arrest There
"a therefore DO conflict in this case between the authority
Of executive officer VI the United officer
OF this Commonwealth II appears by the of the
officer which stands part OF the return the writ Of
babeas corpus that Carleton claims to have arrested San
born, unoer warrant purportng TO have been issued
under the hand seal Of the Vice President the Unted
STATES and President Of the Senate Il recses
the appointment of q committee OF tho Senate y
inquire into the circumstances Of the attack made
by body Of upon the arsenal Of the United States
Han per's Ferry, the citation Il Sanborn
witness before such committee that he refused attend
according TO such summons that he thereby guilty Of
contempt and directing D. acNair, Sergeant At Arms
the Senate the said SSnborn wherever he
could find him, and bring him before the Senate to
s~er Tor such contempt. This warrant to have
poeu HSVoo w tue lou vi reOruSfy lnot0 III Al
eDdo Of the date, by the Sergeantat Arms
authorizing and empowering the said Carlton, the re-
sponceUt 10 mako SUCH arrest and the respondent usr
flying the the Sd Apr instant that
process the question whether this arrest Is justified By
this return This question Ia very broad and very i'm
pOrant one, and opens many Interest ng questions
the functions and powers Of the Uaid Ststes Senate,
as . constituent pars OF the legislative depart.
ment Of the United States government and the modes
in which they are 10 be exercised, and the limits by
which they qualified It is admitted in the arguments
that there express In the constitution OF the
United STATES giving this authority In rms; but IL
maintained thai neces sary Incidental TO various
horiiies vested 10 the Senate OF the United States in
Legislative, executive ana judicial functions, and
therefore be held TO be conferred by necessary implra
ton These qcestons maniesty requiring grsAt delbera
ton ana research In order 10 come 10 satisfactory
clusiOn, and some preliminary questions having been
suggested by the petitioners counsel. proposed
ana not objected to by the learned District Attorney and
assistant District Attorney OF the United States by whom
the Court attended in behalf OF the sondent to
coDsder these preliminary questions first because, the
objections the face OF them sustained Is would
the nuestiona