New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-26
SUPREME conference.-the. 2a-Before Justice
Switzerland.

SUPREME C0URT-CHAsBERs-Noy. 2a-Beiore Justice
NOTION FOR MANDAaUs AGAINST THE COMMISSION
FRS OF EaIGRATIos.
The People rel. John Water. ss The COmui'ione"
Emigration.
The relator is boatmsn of the Health Officer OF
this port employed the Marine HosEsL BY an SCI
poyee OF the Maine Hospital houldbe required to reside
within ,he Qusruntine iacosure the Oh E
,aol 10 provide suitable accommodations for them Inc
,,or WA supplied with house, until the destruction o! the
Quarantine buildings by Gle when he was eompsed 70 Pro
pss paid $50 He claims tbs the Commissioners of Ei.
grafton are liable to him for that spiount ,,.,.,
damn, 60 compel because by the act OF the Lest
ture the duty enoned upon the Commissioner was 20 pro
vide .a'1s oSS deStS %h 40 do VIM Tracy oI
relstor; john T. Develn for heCom%. u,, rs ~
INTERESTING HABEAs CORPUS CASE.
IN re EEss,us Dawson.
The prisoner wa5 committed 10 Eiorlose' ssrees
jail on The 7lh dsy Of November 1850 for contempt eseo
have been committed in not oSsyuss jgdsnest Of he SJ
prene Court which commanded him and his J3sepn
Pit aud VIM PIX Tree clear and uniacumbersd and to de-
liver Of tie properly to them me
reIee to eorply wi the terms of the judgment lie dS
be referee but attorney did and offered
erd tie property ia question had been sold under Judg
% foreclosure Of ogsge in this sane Court In asuit
~ ws1 'as T e ia. il was hc eoe po,.
os lo prisoner 70 perform Che command Of the Judgment
Tho Ps lien applied the Supreme Court, st Special
Tam for commitment IN the first instance Tor contempt
lhe prisoner peen and haen notice Of any soch
bgs the melton granted and the prisoner con-
voted a. for contempt and forthwith mittin was Issued
o. wh.nh prisoner las been confined Upward Of year 10
~ teet OF the proceeding was discharge him from
,oIv mi tha o.. one claimed 10 be disel arred.
oranse he been brought before the Court, 10
any way 80 a. u answer tie alleged contempt
Ra,e the Cent bad authority In the prisoners ab-
,eue 10 adiudse h guilty OF contempt IA every cNlzen
hs rsh. to be heard IN 9s ne'e,g oi 20
2 Becansr the mi.timns illegal, 1t appeared by the
order reutued by Sheriff. and the fscs the mttimus
that the had been brought before Court to
answer for the alleged etense -.
Because Court hss the power to Try man, consies
ard psss upon him. without notice. and In MS So
Bsesnss the Court had not and could not acquire ursdic'
the person Of the prisoner TO punisn Nun % any Gun
TEMPT or misconduct without having the prisoner before ID
soiae Nay. either voluntary or by process -
Because tbs presence Of the prisoner 40 o0
tisl 10 iuTisdis -, Observation-Disclosures.
In close confinement until Joseph Dawson q" 10 isreeD
should convey. For this reason was coh,enuro et me
prisoner entitled to be discharged because
he pri .opsr 10 perform legal imPossioiity.
eonteuded BY the counsel Of tire Sheriff that the Jus
To- @ net behind tie unitmen 10 sscertaiu whether
lie cor rad ACQUIRED Jurisdiction. IL enough that tho
Enpee Court hsd to punish Tor contempt and
present aud the only relief the prisoner could
have must BE- by motion. -.
% his branch OF tie the Court took time 10 consider,
and Ielnsnded tie prisoner until Wednesday next 49,,
The case very novel II presents this plain ana coo
question: whether man. without any knowledge Of the PIo
ceeLny may be sdudged guilty Of contempt OF Court na
tbererpon immediately committed TO close custody ~
there Kept without opportunity Of being reie'eo Gu
tx-Indge Whiting for motion. ID. AcMshon sno Ne''S
Chsie opposed. Mr.. Nsnderpoe for Sheriff