Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1862-12-30
tTrop the New York Times (Republicanl 18th.
The Courts of New Work Pre-
pairing the State Prison for
z those who have been engaged
I'm Illegal Arrest--The Judges
waking UP 10 their Duty.

waking Up TO their Duty.
Illegal Arrest-Ch Charge to the Jury by Re
cOrder Huffman.
At the opening Of the Court the Grand
Jurors we're empanneled tor the remainder OF
the term.
The Jury having heen sworn, District At
torney Hall arose, and stated that in conse.
quence of the excitement existing ia the com
nunity Tor some time past with reference to
arbitrary and illegal arrests, he had requested
the Recorder, in his charges to the Grand
Jury, to make special reference to the sub
ject, and to instruct the Jury with regard to
the laws and their duty in the premises.
Recorder Hoffman then charged the Jury
upon the usual subjects required by the sta
tue to be touched upon, and made special re-
ference to the subject alluded to by the Dis
trict Attorney as follows
At the close of the last week the District
Attorney requested me in my charge to you
to-day to give you special instructions in re-
lation to the laws OF the State against kidnap-
ping. He intimated to me that cases had been
brought to his notice in which Il it was alleged
these laws had been violated, and which he
would probably feel bound TO submit to, your
consideration and action. Having repeated
that request to-day, / deem it my duty to give
to you the desired instructions, and | shall do
so briefly and yet poIntedly. 1t is so general
ly reported and believed that for many months
past numbers of persons have, without any
lawful authority, been seized and removed
from this State, against their will, that great
Importance attaches to the subject under con
Hsideration At the same time il so generally
understood that these seizures and removals
nave been made under some claim or pretense
of lawful authority that it becomes necessary
TO define and state the law with care, so that
all who will may understand it. That law, as
[ shall now state it, will, | think, commend it.
self ia the good sense of all who will examine
it with unbiased judgement, and will be the
law of this Court while ! preside in it, until
reversed it ever shall be, by some higher trib-
.unal The Constitution of the United States and
the Constitution Of the State of New York, have
guaranteed to all citizens the security ofiheir
persons against unlawful seizures and the laws
of this State have in substance declared that
whoever shall violate the constitutional guar
antee shall be guilty Of u felony. The statute
provides (Uide Revised Statutes, 9th edition
volume 3 page 949, section 300 as follows Ev-
cry person who shall, without lawful authori-
W forcibly seize and coufine any Other, or shall
ipyeigle or kidnap any other, with intent eth.
er. fIE
l. To cause such other person to be secret
ly confined in this State against his will; OF
2. To cause such other person to be sent
out of the State against his will or
3. To cause such other person to be sold as
a slave, or in any way held to service against
his will, shall, upon conviction, be punished
by Imprisonment in the State Prison not ex-
ceedIng ten years. s
Whoever, in this State, arrests a person
charged with an offense alleged to have been
committed therein against the laws, either Of
the State or OF the United States, is bound TO
convey the person 30 arrested, without delay,
before the proper magistrate, or other judicial
officer within the State, to be dealt with ac-
cording TO law, Amy seizure of the person
tof a eilizen for any other purpose is without
lawful authority, and any detention or con6ne-
ment Of a person so arrested for any longer
time than may reasonably be required to con.
vey him before such nafistrate or officer, is
also without authority OF law.
The removal dL ahypefson from this State
into any other State Tor TefritorY, TO answer
to any charge Of having eommitted here an
%offense against The laws Of either the United
States or The State, is without the authority
Of law. And every person, whether he be an
officer or private individual, who shall seize
and conbne any person whOmsoever, charged
With having committed any crime within The
State, with intent either secretly % confne OF
imprison him here, or 70 rewoye bin out o
the State against his viii, acts in violation o
the statute | have just read to you, and rem
d re- himself liable to Indictment and imprison
mont Upon the trial of such Indictment
Inc fact that such seizure, confnemanta az,
removal was by order Of the President Of tn,
United States, or any member Of the Cabinet
or other officer Of the G~ogernmsnt will con
%stitute no legal defense. ~ y
Neither the President, nor any member 0
the Cabinet or other officer, (not judicial,
has any lawful authority To- order the SEIZURE
or imprisonment or removal from the State
Of any citizen Of the State, for any offens
whatever, committed, or alleged to have BEEF
committed, within its borders, l need hardl
add that the arrest and imprisonment Of an
uitnsh u