The New York herald., 1862-02-21
THE CASE or CAPTAIN GORDON.
No Hope for the Condemned Except from
the Governor.
UNITED STATES CIRCUIT COURT.

federal Offices today respecting the fate of Gordon II
was currently reported that there flaw in the
sentence. and that could not be legally fulfilled Some
said that the federal government could not hang the
prisoner at the City Prison without the sanction Of The
state authorities that tho Commissioners Of Charities ard
Correction sent for the United States Marshal to consult
| him the subject.
The law of the State Of New York, Of 1850 has 500
| tiou which roads as folows:--
No crime hereafter committed except and MUIR
der in the ast degree shall be punished with death ia
the Stale OF New York
II then provides that no sentence OF death shall be
carried into effect until year after passed.
until the whole record Of the proceedings shall be cert
Ned by tho clerk Of the court uuder Its to the GOV
ernor. until warrant for tho execution shall be
by the Governor under the great seal of the state
Ex-Judge Dean saidThe sentence OF Gordon is in the
usual form in which sentences pronounced in E1g
land and which thsre-where they have but single
system Of government unlike ours, Of States with certain
soveregnties the United States having delegated
powers oniywou!d be entirely proper and could be
cuted without any question The sentence as entered in
the minutes of the court is1he Court, thercupon pro
cccded 70 Judgment That you be taken back 70 tile
City Prison, whence you brought and remain there
until Friday the 18th day Of February and then and here
and three O'Clock in the afternoon OF that day you
be hanged by the neck, &c take II the place is in
tended TO be fixed at the City Prison wish to raise be-
fore tho Court the question whether
carried into effect in the City Prison without the consent
OF The state of New York. This State by Its sovereign
power expressed within relating 10 clpal punish
| meat, has limited tho places within which the life
of human being should be taken by. process
| Of law. j claim, in other words, that the
States have prohibited the Of their aiis TO be appro
prated to capital punishment ANA TO the right OF the
State TO do this think there be question. The
state of Massachusetts and believe the state OF Ohio
and some others, have refused TO allow their ais to be
there Is not at this time believe any objection to that
law of the State by which one portion Of the statute Of
tho United staos is repudnted and nuiihed. Aud tho
nf ati,,il. htoft
in two statutes that recoliect they speak
what shall be done by tho Marshal where the of
tho jals is prohibited by le State. (Statue Large,
vol. A. p III, sec. 81 Other statutes OF the Cnlod
States recognise, the part Of the United States the
power o the State to make such prohibitions. am not
aware that any statute of this State authorizes the
United States 10 send It's prisoners to ials state
prisons. ! am Informed that tho practice has been
heretofore TO have executions ON government prorery
The last execution that occurred was on Bcd!oe's
hsss executors occurred before this Statute Of tie Stare
OF New York, which, contend amounts to prohibition
Of execution in jail, which The City Prison IS for all
practical purposes This Is anew question arising under
this statute. The statute TO which refer ia this The
| Judge read the statute reported above.
| Now admit that that cannot affect any property
owned by the United States, and which, by tho
laws Of the State Of New York. they have entire ard
preme iu, ,sdiction. I understand there several
and Of they have tho right TO confns their pr
sonsss there and to ;nnct there the punishment OF
death. But II hore Is anything in State sovereignty
gislature Of the State Of New York ef the
|
by tho United States to execute an offender,
whom the ctsnce is not murder in tho frst
degree Section i've Of this statute fixes
only three places execution this s,atc-Ihe state
prisons in Sing Sing in the county OF Essex, and IN
tayuga Judge Dean read from the statute the various
fonaltes required as to executions cite theso ror
tiors Of the statute TO show 18th what care in this State,
human life is regarded, ard that before the exseu.
: ton they intend that all these formaites
. shall he gono through with, aud that the
prisoner shall only be executed after due time
has been had for tho examination Of all the questions
| I'd ON IA
evidence, il II should be possible. This is declaration
by the Legislature that they will not have their property
applied any such purpose, except in the two Of
| treason and murder.
There is another subject to which desire to call a,
which this execution is ordered IS not under
the seal of The court bring all these matters before
execution Of my client feel specially anxious that
morrow, AZ any rate whom the whole nation is rejoicing
and when the mex. day Is to DO ssenIssa over every
broken in upon by tho execution, particularly when hat
| execution s perhaps irregular.
. | The District Attorney-Thc position in which the
United St ties government would be placed dcd he
constructNn OF this STATUTE for which my learned friend
where the United states has land under its iris
dicton would be unable to punish person In tnso
0 districts II cannot be supposed mat the laws
| tho statute OF 1850. to which my fricnd refcrs,
enable the counsel else TO deduce pro'-
bition against executing the laws Of the Unted stacs.
\, is fair suprcstion that The State OF New York
not intend to forbid the United States from executing
u
many years-a practice which has beeu illustrated not
only in tho of the sentence o. the Parkhli IN rider
Two ersons for what the nitsd states laws cali piracy
Tho District Attorney coatended that the onis sion OF
the OF the Court Nigh, DO rcmcdicd but that
cording to the practice, II was not required.
Tho Court retired for few hours, and having con
suited with Judge Belts delivered the following opin
The counsel FOR tho prisoner has submitted cortsiu
facts to the Court, Tor tho purpose OF moving for writ
habcas OF applying 10 The Court Tor some
oihor of relie al
The facts laid before warranted its interference After
consultation with Judge Belts, the Court s Of opinion
Fiysf--lhat the prisoner was, Al the lime Of his trial
conviction aud sentence, with the asseut ci the author
ties having charge Of the City Prison, properly conaned
therein and that the place designated by the Court
or the execution Of tho sentence We SEQ no occaso
10 interfere with the execution Of the law eonformy
To the Judgment and sentence.
Sscosd11ha the law OF The state of New York rcla, IN
10 capital punishment has no application TO proceedings
judgments or Of The courts Of the United states
Thid-The United states Attorney having moved ~
have the seal Ct this Court attached 10 the warrant
OF opinion that such fomay is unnecessary and
required by tho laws Of the United States the set
| tied usage IN such cases
Meeting Mt the Merchants Exchange
for a Communication of His Sentence.
The following call was conspicuousy posted in the
streets yesterday
Citizens Of New York, come to the Shall y
judicial murder be comnted in your midst and pro-
testing voces be heard against ~ Captain Nathaniel
Gordon Is sentenced to be executed FOR which has
been virtually dead letter for forty years. Shall this
! be quietly allowed 10 ne made the victim OF
ianaticsm? Let the generous aud humane who are in
favor at "a communication of the death penalty In his
assemble at the Merchants Exchinge. Thursday, Fcbrc
ary 90 at three O'Clock, and make themselves
| his behalf at the White House.
In compliance with the above, quite number of per
sons composed principally of shpowncrs, ship sgents
shipmnsters and ongshorcmen, assembled in the Mcr
chants Exchange at the appointed hour; but owing TO
some mismanage they did not convene until near
four The merchants, who meeting for the
action Of their usual business discaimed all knowledge
| OF the meeting its object and almost unanimous
| ly expressed themselves In favor OF vindicating
the law Many OF those in the meeting, although
they wore In favor OF committing the sentence,
expressed themselves nced that the meeting
thing that could be said OF done would not influence the
President In the prisoners favor. IL also stated by
| somc that they understood Marshal Murray returned
from Washington the day before with the final decision
of The Executive TO interfere with the execution of
the law But, notwithstanding all these assurances Cor