Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-04-05
THE CASE OF MR.. sANBoRN.

The circumstances of the arrest of Nj. San
born at Concord, of his release upon writ OF
habeas corpus, of the discussion in the legisla-
ture, and of his discharge by the Supreme
Court, will be read with deep interest. A
gentleman OF unusual culture, of pure charac-
ter, favored with the respect of his felow-citi-
zens, and the unblemished esteem of many
friends, was assailed in his own house, in as
brutal a manner as could be conveniently de-
vised, at an hour when he could with difficulty
secure that protection which the law allows 10
every person whether justly or uIDuSty ac'
cused seized and manacled by trick uh"oi'
thy even of kidnappers, much more unworthy
of the officers of that government to which we
are all subject, and hurried under the coward
" shelter of darkness to a carriage, INTENDED
to convey him beyond the jurisdiction OF the
commonwealth before he could ask for its de-
fense 1t is not singular that every person, who
understands the eternal distinctions Of right
and wrong, should feel instantly that an out
rage had been perpetrated, and should take
redress by the speediest and most effective
means in his power.
It would have been the more remarkable II
this sneaking method of arrest had been passed
over with quiet and liberation, and If the cltl-
zens could have seen their friend and neigh
Dor treated like a common thief without
making some of his ilmannered police bite
the dust under their feet The disgust which
hon orable men have for trickery and brutality,
at any time, is quickened into noble passion
when an honorable man is affected by it. The
spirited woman who stood between the ma
rauding kidnappers and her brother, the indig-
nant citizen who sent the insolent officer on
precpitate visit to the sand bank, no doubt
felt that they were exercising in the best man
ner the indeteasible right Of selfdefence. For
the right of one innocent man is the right of all,
and the loss of ones liberty unjustly imperis
the common security. This quick instinct of
justice, if it provoked violence, also arrested
the necessity of it. The writ of habeas cor
pus was Immediately interposed in behalf of
Mr.. Sanborn, and the case was transferred to
the Supreme Court, where he was discharged.
The questions involved in this case are of
the gravest importance. We are confident
that the day will come, and that it is not very
far distant, when the judgement of the whole
country will be, that the Senate committee, in
whose behalf this illegal arrest was undertake
en-, should not have been permitted to have
existence. 1t was dangerous usurpaton of
power, and grave interference with establish
ed rights, to appoint that committee and au
thOrize its proceedings; and nothing but un
scrupulous partizan malice, on one side, or a
foolish fear of seeming to approve of the John
Brown invasion, on the other, could have in
duced SO many Senators to vote for it. And
still more censurable is that over-hasty sub
mission to the demands of despotic usurpa-
ton which has allowed this committee such
unconstitutional, irresponsible, and dangerous
power over persons summoned as witnesses.
But we leave the discussion of these points for
another occasion