The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-05


pa,ng his request that the rnes might be sent him
while there was yet time This again met with at
tention, and three hours later these had all been
taken pi isoners, without having made show OF
rtsis Ince, and the brave little band already in
Fort Pickens left to their carry
out their instructions Why such q pur-
by the authorities at the Navy Yard, by what
end whose counses IL was brought about may yet be-
come subject of official invostig ation and would be
can, however express my regrets that while Lieutenant
slemmer, ably seconded by Lieutenant Gilman has 50
far met heavy responsibility with degree Of energy
speak in terms Of commentator Of the way in which
the authorities the Navy Yard met the responsibilities
that ocvoved upon them in this case
twin write you again to morrow; hu. whether my
doubt as both the telegraph and mails have become
unreliable Of late, at least 80 far az this point is
concerned.
TRIAL OF A UNITED STATES PRISONER IN GEoR-
GIA COURT-THE CAsE BROUGHT UP ON WRIT
OF HABEAs CoRPUs-MPORTAHr DECISION DY
JUDGE HARRIS, ETC.
ett MnLEDGEvnIE, Ga, Jan 80, 1851.
The first legal case, since Georgia seeded from the
Unon which the United States called question
up before Of the local courts in this city yeser
day. II is the which Martin " Brantley, United
States prisoner in confinement in this city for
term of years applies through counsel and by writ
of habeas corpus for his discharge the ground that
since his conviction and incarceration the state OF Geor
ga by the Of secession has dissolved her
nection with the government known the United States,
and that the functions of that have ceased in
Georgia
The counsel for the plaintiff, Col o. A. Lochranc Of
Macon made elaborate appeal in behalf Of his client,
but tn case was decided against him in the suboined
impor tant decision Of Circuit Judge Harris
Martin " Brdney rs the Principal Keeper of The Peni
tid1y Of Georgia d-abeas corpus and motion TO DIS
In CIlAMsERs AT MnIKpGEvnIE, Jan. 27, 1851.
The applicant whose instance the habeas corpus ad
subaciendum which brings him before me has issued
appears by the return that WRIT 10 be convict
Of the Circuit Court OF the United states
the district of Georgia. made the 18th day OF Novem
her, 1850, Tor violation Of the laws OF the United
States ami by virtue of certified copy Of that judgment
he detained within the pcni,entIry, his sentence be
6 for ten years.
No objection by counsel for the petitioner has been
the suicency OF that judgment originally
then legal warrant by which the principal keeper
could receive and deain him-but the motion for dis
charge s solely the ground that since the
victon confinement the State of Georgia, by the or
dnance Of the people in Conveoton has dissolved her
connection with her confederate States and withdrawn
the general governm created by the constitution
o. the United States all the powers oelegated py tnat IN
entitled be dscl red from the judgment OF the Circuit
Court aforesaid For weeks past looking TO probable
things which has srce occurredthe effect OF
has been made, could not but engage
reflection. In whatever point Of view in which II has
been presented my mind have been unable TO dis
any benefit which To the applicant by
Of the change Of relations Of Georgia to the gene-
raj government.
Presented as this case is upon short notice, whilst
the subject, from its novelty and magnitude, would
authorize elaborate discussion Of many questions which
spring Of that ordinance do not propose to do more
than TO present simple view which disposes enectuay
| OF this application.
will be conceded that the constitution of the United
States whilst coDfederated the States Of the late Union
under by virtue OF that instrument was in substance
but power Of atorneyom the several states 70 their
welfre certain sovereign powers according 70 Inc re-
| strictons and terms thereof
rIpday af tn.
tion ssated by the bad faith Of large number OF the
States the Interpretation Of that instrument as well
injuries she has sustained and still further exposed
to such sinister interpretations in the exercise Of plain
dissolved the compact made Sy the constitution OF the
United States with her coLederates, and resumed the
sho had thereby delegated TO the general govern
ment with tho design Of condding them, with the full
lights OF experience OF over seventy years 70 new
agent whose powers shall be more clearly defined, and
whose duties more distinctly prescribed.
The extent Of this ordinance them does not 60 beyond
the from the other States and the withdrawal
| of powers she delegated
pn the past exercise of thosc powers by the recent
agent, the ordinance does not assume nor wns
IL designed TO act has annuled none OF hs acts The
departments that government created TO enable
the agent perform and carry out the powers
delegated Hence II Ia that the courts created by tine
consttuon authorized by IT, were essential means 70
great end One OF those courts, TO wit: the Circuit
Court OF the United States for Georgia. within It's appro
pirate province-hat Of punshing vioator OF the laws
the conviction OF the prisoner by Georgia jury pro-
nounced the judgment proper TO the offence and the pr
performing that sentence, which, whom ut
tered was legal and constitutional The law violated
law made in part by representatives from Georgia
The judges presiding were citizens OF Georgia In truth
the court whilst established by the authority OF the con-
stuon Of the United satcs is IN part the creation Of
the State OF Georgia and its judgments ought 70 be hed
sacred and nvcablc as tho Judgments OF the State
i courts proper.
% be affected here is illegal unconstitutional why It
should be piaced upon different footing from the judg-
ments d be enforced from that court may temporarily be
delay for Of authorized officer 10 execute them
but there be no where she
il already execL1ed IL l. here in part and needs no
officer do any other act towards its further execution
It has not been shown that the ordinance has annuled
ary Judgment whatever, ntth In words nor BY mpi
cation in letter or spirit authorize such general
jail delivery would be effected if the argument Of the
prisoner counsel sound.
/, n not simply the right of prisoners counsel but IL Is
his bounden duty present in behalf Of his client To the
consideration OF the Judge, all matters which he may
pertinent and defensivc and they ud be listen
respectfully, and be carefully weighed have donc
this, and is proper 70 say that, without considering
prisoner prays discharge cannot discover anything TO
entitle him 70 go free.
But the making Of tina, ordinance, and before the
application for the corpus another ordinance
adopted by the Convention, which rahes and declares
valio all Judgements, &c., OF the courts Of the United
States WITHIN The state Of Georgia This ] refer TO-
merely the intention Of the Conv nton In max
ing It's first ordinance. I do not place the Judgment
make this application upon the authority and pro-
Visions Of this latter ordinance. From what have said
already will be apparent that did not need its aid "
stren gthsn my convictions OF right and duty.
There s, however, another matter independent OF all
that has been said which II II stood alone would have
been sufficient 10 have authorized the detention OF the
prisoner IL is that Georgia has contracted with the
general government 70 deain, feed and cothe within
her pent ntary, the convcts OF the courts OF that
government within this State, for valuable con
sderaton and which hitherto has been promptly paid
the prisoner s convict OF OF Its courts In Georgia
He has under that contract been delivered into the
tody Of the principal keeper OF the State pcnitenaryto
be held In good faith until no shall have been pardoned
by the President Of the United states performed the
sentence OF his conviction transferred elsewhere by
the authority Of the general government.
The prisoner not having been pardoned by him who
alone Pardonnor his sentence having expired by It's
limitation, he must and ought IN be held safely In
the state pententary until he shall have been demanded
by the authority which, under contract placed him for
safe keeping In the State prison
therefore order and adudgc thai Martin " Brantly,
the prisoner be remanded TO tho pententisry of this
state and that the costs OF this proceeding be pail by
the government.
The prisoner was then remandcd and counsel gave
notice that he excepted 10 the decision md the case VIII
be carried To the Supreme Court Georgia