The New York herald., 1862-12-18
COURT OF GENERAL SESSIONS.
BefOre RacOrdar Hoffm an.

seized and removed from this State against their WILL
that great importance attaches to the subject under con
sderation. At the Same time II is so generally under
so0d that these seizures and removals have been maze
70 and he law with
SO that all who will may understand It. That law a.
shall now state it. will, think, commend itself 70 the
good sense OF all who will examine II with un-
bissed judgment, and will be the law Of this
court while preside in II, until reversed, If
The constitution Of the United States and the consttu
ton OF the State OF New York have guaranteed to all c
sezures and se laws Of tss sats have IL Substance de-
cared that whoever shall violate this constitutional
guarantee shall be deemed guilty Of felony The statute
provides wide Revised Statutes 5th edition. volume 3,
943, section 30l follows, vizEvery person who
sha without lawful authority orcbly and conhne
any other or shall invegle or kdnap any other, with
10 such other person to be secretly confined
or imprisoned in this State against his will or
Iocause such other to be sent out OF the state
against his WILL or
g. To such other person to be sold slave, or
in any way held to service against his will shall upon
conviction, be punished by Imprisonment in the State
prison MT exceeding ten years.
Whoever, within this state, arrests person charged
with offence alleged TO have been committed therein
against the laws, either of the State Of the United
delay ore the proper magistrate other judicial officer
within the State TO be dealt with according TO law. Any
seizure Of the of citizen for any other purpose +
without lawful authority. and any detention or conhne
ment o. person arrested for any longer time than
may reasonably be required convey him before such
magstr ,te officer is also without authority Of law
The rem,val of any person from this State into any other
state or Territory to answer to any charge having
ntea ssss ~ ~ T s y s'
aod every person whether he be officer or private
individual who shall seize and lns person whom
soever charged with having committed any crime
within the State, with intent either secretly
to colfne imprison him here, 10 remove
the statute have just read to you, and renders himself
liable q indictment aud Imprisonment Upon the trial of
such indictment. the tact that such seizure confinement
and removal by order Of the President of the United
States or any member Of his Cabinet other officer or
the government, will constitute legal defence Neither
the President any member OF the Cabinet other
officer (not udciaD has any lawful authority to order
the seizure, imprisonment removal from the State
of any citizen OF the State for any of nee whaeve
mtted or alleged to have been committed within its bor
ders need hardly add that the arrest and imprson-
ment OF any person not charged with any crime no mat
ter by whom by whose order the same made is in
violation OF the constitution and the laws The consttu
ton Of the United States declares that in criminal prose-
cutions the accused shall have speedy trial by jury in
the State district where the crime shall have been
committed and the seizure OF any person, and his re-
moval against his will from his state or district Is ia
violation OF this provision Of the constitution and IN The
eye OF statute, without "lawfu authority There
constitutional and statutory provisions In relation to
fugitives from justice When offence has been com
mted alleged to have been committed in another
State and when the offender has fed into this State pro
vision has been made by act Of Congress- In conformity
with obedience constitutional requirements, for his
and to the State from which he has escaped
In srch the Of the State in which the
offence is alleged to have been committed may make
requsiton upon the Governor OF this State accompanied
by the necessary proofs and upon such reauon M the
Of the fugitive, by virtue OF which he may be seized ad
returned the Jurisdiction from which be has fed In
this way and in other he be lawfully seized
conveyed out of State Any person. whether he be an
officer not who shall seize and mprison an
q reQuisition) acts without lawful authority; and
IL he shall seize and detan him against his will, with
intent secretly 70 imprson HIM here or to remove him
or the state against his WILL except upon such requ
sition and warrant he guilty Of violation OF the sta
ue read 70 yoI and rs Is liable az S 70 dna
fact that he acted by order OF the President OF any
member OF the Cabinet or other officer Of the govern
ment, will constitute no legal defence These gentle
men, plain propositions Of law which cannot be dis
puted, applicable loyal State, in which the st Ute
courts in almost uninterrupted session, in which
judges and magistrates are faithful their oaths sup
port the constitution Of the State and the constitution OF
the United States, IN which the laws are ample or the
punishment Of all offenders well as for the protection
Of all czens-a State in which the federal courts are III
almost daily session. with all their machinery in full ope
ration, their judges and marshas and deputies ready TO
their duties whose process always be enforced
and whose judgments and DEGREES always he
State IN which the acts OF Congress are en- never re,ea
and the laws In such State, so circumsianced, not
being scene Of actual military operations not having
even an army within its BORDERS nor even any sodery,
aycer,p0 s n mn, he their way to fight the battles
of constitution and the UnIon wn-. @ are no,
struced or deied; where form OF the nav w~,sss,
can, by any construction be made appIc able 20 vi f'
son not mustered into military service" il my duty,
rs Judge to declare to you that the seizure OF her
citizens, their secret Imprisonment against their will,
their removal from beyond her borders without authority
OF law TO answer TO criminal or other charges, their
cnuemen in places beyond the reach Of legal process,
Is IN violation or the rights secured 10 them by the cp
stituton and By the laws, and Is the right ard solemn
dty Of the Grand Jury TO indc any person persons
who have Id these respects offended against the law
baye NOW gentlemen, discharged my duty leave you,
under the oblgaons of your solemn oath To the perform
Of yours II may not be possible to prevent eatrely
the arbitrary and unlawful seizure aud removal o the
citizens OF state but II is possible 10 convict and pr
h those who in this respect shall be found guilty Of
violation OF our laws.
AS the Recorder had finished one OF the Grand
Jurors asked this question:
Suppose man is traitor against the general govern
ment, has not the federal government the power ~
arrest the partyr
Recorder-Ihey have not except by process law The
federal courts open for the arrest OF traitors as well
as others.
The Political and Alleged Illegal Ar
rests-A Movement 60 Insiict the Secrc-
tary OF War and Others, &c.
Dxc. 17.-Mr Joseph Thompson, First Deputy United
States Marshal for this district has been subpenaed be-
fore General Sessions Grand Jury testify In
qury OF charges made against Edwin M Stanton sccre
tary OF War, and others.
supposed that the charges for false arrests and
the Imprisonment Of certain citizens in Fort Lafayette
The inquiry will be commenced on the 10th inst
The charges predicated upon the folio wing portion
Of Recorder Hofman's charge to the Grand Jury -
Tho removal OF any person from this State into any
Ing committed here an offence against the laws Of either
the United States the State without the authority Of
law And every person whether he be an officer or pr
individual, who shall thus seize and conne any
whomsoever with intent either secretly 10 conilre
mprison him here 70 remove him out Of the state
against his WILL acts In violation OF the statute and
dcrs himself liable 70 indictment and Imprisonment Upon
the trial Of sucn Indictment the fact that such SEIZURE
confinement and by order Of the President o
the Uaed States Of any member OF his Cabinet or othcr
officer Of the government will constitute legal defence
Neither the President any member OF the Cabinet
other ofcer (not judIca has any lawful authority 70
order the seizure, imprisonment, removal from tho
State OF any citizen OF the state, for any offence what
ever committed, or alleged 10 have been committed,
within its borders
United States Marshal Murray is at present Washing
ton but II presumed that he will also be subp@naed ~
q witness.
Naval Intelligence.
ALAsAxA.The following Is correct list Of the Officers
OF tho United States steamer Alabama, now fitting