Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1862-12-23
lLLEGAL ARE ITS.
Charge Of Recorder Hoffman Of
New York.
From the Commercial Advertiser, Dec. 1s.


At the opening OF the Court OF Gen.
eral Sessions yesterday morning, he
eoroer Hoffman, ut the request OF the
District Attorney, charged the grand
jury relative to the laws OF this State
IN reg I'd to kidnapping, and their bear
ing upon the arbitrary arrests which
have been made IN this 5 ate. lie IN.
stIucted the jury that the Constitutions
OF the United States and the State OF
New Yolk guarantee to all citizens the
security OF their persons against unlaw.
iui seizures, and the laws Of this State
declare that whoever shall violate this
coostrtntiona..g guarantee shall be deem
ed guilty OF felony. The statute pro-
vdes ss follows "E"ery person who
shall, without lawful authority, iorcibly
seize and coniine any other, or shall in
veiglc or kldnap any other, with intent
either
81. To cause such other person 20 be
secretly copfned or imprisoned 10 this
Safe, agaIns, his will or
40. To cause such other person TO lie
sent out OF the State against his will !;
or
SO To cause such other person TO be
sold "a slave, or in any way held to
service againpt his Will, shall, upon con.
ylc,,on, be punished by imprisonment
10 the Stale Prison not exceeding ten
vea,s.o
Relative to the removal from this
State OF persons arrested here, he said
"lhe removal OF any person from this
) ate into any other State or Territory,
TO answer TO any charge OF having com
mited here an offeuse against The laws
Of either the United States or the State
is without the authority OF law. And
every person, whether he he an officer
or pligatc indiv dual, who shall thus
seize and cobiine any person whuIe&o-
ever with intent either secretly to con
fine or imp'ison him here, or TO
remove him out Of the State against hi.
will, acts in violation Of the 8 stute and
,cnders himself liable TO indictment and
Imprisonment. Upon the trial OF such
confinement and removal was hy order
of the President of the L nited States, OF
any member OF his Cab net, or other
officer II the government, will coDstl-
tutc no legal defence. Neither the
President, nor any members Of the Cab
met, or other officer mot judicial.) has
any lawful authority 10 order the Sc zure,
or imprs pnment, ar removal from the
State, OF any citizen Of the State, Tor
any ,tiense whatever, committed or al
lie borders.
10 conclusion, he said, ",hat in
State, not beng the scene ( actual mil
itary operations, not baying even Al
army within ITS borders, not even any
soldiery, exec, ito, such as may be on
Their way to tight the bat les Of the
Constitution aud the luton, whose laws
are not INSTRUCTED or d, fled where no
form OF The law martial can, hv any
con,ttncnpu, be made applicable 10 any
oerson not mustered INTO military
service, IL Is my duty az a udge TO de-
clare 10 YOU that the sc Znfe Of her citl-
zcn-, thsir secret imprisonment against
TIER viii, Their removal from beyond her
borders without authority Of law, 10 ans-
~er 10 criminal or other charges, their
confinement 10 places beyond the reach
OF legal process. Ia IN violation OF the
night, secured to them by the Const,u
ton and by the laws, ani II is the righ,
and solemn duty ofihe grand jury to in.
dict any person or per,ons who have in
these respects offended against the law"