Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-04-05

BosToN, April Az. b. Sanborn was ar
rested at Concord by U. S. officers last night,
under requisition from the Senate Commit
tee. Judge Howard, Of the Supreme Court,
has issued writ of hdbeas corpus, and the
hearing is now progressing in this city.
BosToN, April A. P. MAJ the hearing
of the habeas corpus writ in the case of San
born, his counsel presented the following
points: .... ... ....r.. ~.
LIST. That the Sergeant-at-Arms of the
United States Senate has no power out of the
District of Columbia, which is exclusively
under the jurisdiction of Congress.
I'd. That the precept for arrest being di-
rected to the Sergeant-at-arms by Lane, he
alone can serve it. .... ....-.. r. H..
Sd. That the Sergeant-at-arms can not dep
utize his powers to others out of the District
of Columbia. ... -.. -. 49,. -aiar.
After hearing the argument of the counsel
Chief Justice Shaw briefly reviewed the Cir
cumstances of the case, stating that it pre-
sented no conflict of authority between the
Executive of the United States and of the
Executive Officers of this Commonwealth,
As to the first point taken the Court was not
prepared to say that. the Senate would not
have its precepts served outside of the Dis
trict of Columbia. On the third point there
was no doubt and all the Court were agreed
that he had no such authority. A warrant
ofthe sort must be limited to the person to
whom IL is given by the Senate. The order
of the Court was that Sanborn be discharged.
The rendition of the decision called forth
demonstrations of applause, which were
speedily checked. The Courtroom was
| thronged. Sanborn left with his friends for
home. ...... ...
Watson Freeman, ir, Deputy United States
Marshal, and Silas Carlton, Deputy Sergeant
at-Arms, of the United States Senate, called
at Sanborn's residence at nine o'clock last
| night. Sanborn refused to accompany them
when he was handcuffed and taken to car
riage 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 wrung, collecting a large
crowd. ''-4'. ..'', t...-s-.-,. 81 ID ;,
Rufus Hosmer, a citizen, died suddenly,
It is supposed from the excitement the affair
occasioned. . ....r.. U.. .,..-
| Sanborn was forcibly taken from the Of
ficers by the crowd, and kept out of theil
power until writ Of habeds corpus could b
obtained. '''' ..... ....... rir
1t is said that the writ has been prepares
for some time, in anticipation of the arrest
Deputy Sheriff John B. Moore served tn
writ Of habeas corpus, and arrested Sanborn
which ended the mission of the United State
Marshal's posse for the time being.
The following is the writ of habeds corpus
Commonwealth of Massachusetts, 10 the Sher
ifs of Our Counties &C.: We command yo
that the body of Frank B. Sanborn, of Cor
cord, in the county of Middlesex, by Sila
Carlton imprisoned, and restrained of hi
liberty, as it is said, you take and have befor
Justice of our Supreme Judicial Court 9
Boston, in the county of Suffolk, immediatel
after the receipt of this writ, to do and receiy
what our said Justice shall therein and ther
consider concerning him in this behalf; an
summon the said Silas Carlton then and theI
to appear before our said Justice, to show th
cause of the taking and OBTAINING Of the sal
Frank B. Sanborn, and have you there tn
writ with the doings thereon. Dated Apr
3, 1860 Signed, Ebenezer lockwood, AssC
ciate. Justice Of the Supreme Judicial CouY
John s. Keys, John A. Anderson and San
uel q. Sewell are council. for Sanoorn; ar
the United States District Attorney, Q.
Woodward, and Milton Ambrose for Il
United States. The hearing is before the Fl
bench, consisting Of Shaw, MetcalG Bigelo'
Merrick and Hoar. The subject of the ARE
; Of Sanborn was introduced before the Leg
, lature in the form of a resolution, to empl'
the State Attorney General for the defen!
The resolution was briefly debated and Ia
5 on the table. -.- ,..-