The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-05
SMALL REBELLION IN MASSACHUSETTS.
Arrest OF Frank B. SanbOrn, Ono Of
the John Brownies.
lager Falls Dead-The Bells Rmg- san
bern Rescued by a Mob, and Dksharg.
ed on q Writ Of Habeas Corpus.
ACTION OF THE MASSACHUSETTS LEGISLATURE.
&C., &C., &c.

Bosros April 4, 1850.
B. Sanborn arrested at Concord by United States
officers last night under requstion from the Senate
committee Judge Hoar, Of the Supreme Court had
Issued writ Of habeas corpus and the hearing Is now
progressing In this city.
Watson Freeman, Jr deputy United States Marshal and
silas Carleton, DE 1uty Sergeant Of the United
states Senate, called at s.nborns residence at nine
o'clock last night sanborn refused to accompany them
when he bandcuiIed and taken TO carriage II the
door, during which he struggled violently and the mem
bersof his family cried Murder "Fre," &c.
The excitement spread, and the bells were rung
collecting o large crowd. Rufus Hosner, q citizen died
suddeniy, supposed, from the excitement the affair oc-
casioned him. Sanborn forcby taken from the off,
by the crowd, and kept out Of their power until
writ Of habeas corpus could be obtained.
It h said the writ has been prepared for some
time, in anticipation Of the arrest. Deputy Sheriff
John b. Moore served the writ of habcas corpus, and
arrested sanborn which ended the mission Of the United
States Marshas posse for the time being The following
Is the writ Of habeas corpus
COMMONWEALTH OF NAssAcHusEr1s-
To TIE SHERFFs OUR COUNTIES, &c.-We command you
that the BODY Of Frank B. Sanborn, of Concord In Tho
Of his liberty as is said you take and have
before Justice Of Supreme judicial Court al Bosom,
1sco,n, e county hs OF sToS Immediately .sr me
said Justice shall then and there consider
concerning him in this behalf. and the said alas
Carleton then and there 10 appear before said Justice
to sbow the OF the taking and OBTAINING the said
Frank D. sanborn and have you then this writ with The
dcines thereon.
Dated april g. 1860, and signed by Ebenezer lockwood
Hoar Associate Justice OF the Supreme Judicial Court
John S. Reyes, John A. Andrews and Samuel E.
Sewe counsel for Sanborn, and United States DE-
ict Alto rney G. L. Woodbury. and Milton Andros for the
United States
The hearing is before the full bench, consisting Of
Shaw, Metcaif, Bigeow, Merrick and Hoar.
At the hearing OF the hsbeas corpus writ sanborn's
counsel presented the following points
Fhs-That the sereean,at Arms Of the Senate OF tho
United States has power out Of the District Of Column
ba which exclusively under the jurisdiction Of Con-
gress.
the Sergeant at Arms by name, he alone can serve It,
Third-That the Sergeant ut Arms cannot deputise his
power TO others out Of the District Of Columbia.
After hearing the arguments Of the counsel, Chief
Justice Shaw briefly reviewed the circumstances Of the
case, stating that II presented conflict OF autho
rity between the Executive Of the United States and
the executive officers OF this Commonwealth. Az To the
first point TAKEN the Court not prepared that
the Senate could not have it's preceps served outside Of
the District Of Columbia. On the third point that the
Sergeant alarms could depute his authority an
ether person, there doubt and al the Court
agreed that be had such athority Of This
sort must be limited TO the person 70 whom given
by the Senate.
The order Of the Court was, that Sanborn be dr.
charged The rendition Of the decision called forth Do
monsrations Of applause, which speedily checked
The court room was ihronged.
Sanborn left with his friends for home.
Mr.. sanborn makes the following additional statemsn
in regard to the arrest
lat first offered resistance, but when the hsudeunh
put on refused 70 Co. not having heard any
rant any signatures, been Told the Of
the officers or the nature Of my offence, 30 far -
recollect When they dragged into the open air with
out allowing TO put on my boots, overooat hist,
called murder and ressted with my feet we'll -
could; with four stout men holding they dragged
10 tho carriage which had been brought up by fifth
sixth confederate, and attempted to put In. broke
the side OF the carriage with my feet and my
sister selling Of the ruans they dropped my
feet sgain Again they tried TO put In but my
whipped the horses VIII oh started and foed them again.
They were still struggling with and her-hve men
against man and womau-when the neighbors came
running to my aid The rufans still attempted kdnap
me, but they found they overpowered then,
and not until then did they read their warrant ia the
street, by the light Of the lantern while stood hand
cufed and half clothed in their hands This have
been fifteen minutes after my first seizure.