New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-18

Murray Hoffman, on Monday, in obedience to
a request from District-Attorney Oakley Hall,
charged the Grand Jury on the subject OF ar
bitrary arrests taking ground as follows:
"Whoever within this state arrests person charged with
laws either Of the State Of the United states Is bound 70
convey person arrested without delay before the
proper magistrate other Judicial officer within the state
TO be dealt with according law Any seizure OF the person
OF citizen ol other purpose !, without a.f su,1GS,
and detention of arrested ior
sny longer reasonably hs required to convey
him heore snch magistrate or officer without authority
oflsw The removal Of Any person from this State into any
other State Territory TO answer to any ehSise having
committed here an oene against me laws o, ,' o WE
And every person. whether he be al ohcer or private n
vdual who shall seize and conne any person , ST.,
with intent either secretly to conhne OF n a.,
70 remove him of tie state agsnst MS WIN
of the statute have Just read to you, end renders h,e'
liable TO indictment and mpsonmsnt Upon Ihe VIA u
such Indictment, the fact ha such seizure ,
removal was by order Of the President Of the "a oa1e'
Of any member OF his Cabinet Of other ohcs OF 1ne
nsnt viii Constitute legal defense Nshef me rfe'ioeIs
nor any member Of the Cabinet other oihctT tnot uolcia
a suy lawful authority order the seizure or ipsoh
ment or from the state Of any cnlsn OF e ',se
committed within its bordens need hardly suu nA 'ue
srres, and imprisonment OF person not chsed WIN
made 1. In violation Constitution and the laws The
Coustuton Of the United state, declares that IN criminal
po,sa,ons the accused shall have speedy tiia o lS IN
the district where TIE eiio ~. ,oovsl
rit,ed aud the seizure OF any person au ~ ', - 80,
/ Ff. SO I'M
y,onof the Contribution and iu the eye Of our statue WIN
lawful authority.
If this is good law, then Gen. Jackson
should have been made to suffer severely for
Ills treatment of Louiallier and Judge Hal
during hi, military rule a. New-Orleans, and
the provision OF the Federal Constitution re-
earding the suspension of the privilege Of
abeas corpus is utterly absurd. Why say,
The privilege Of the wri, Of hats1s shall not BE-
Suspended unless when in ese' Of rebellion or Invasion h'
public ssfety may require Il -
if it is in fact not to be suspended at all ?
The Constitution maDifesty implies that thit
privilege is to be suspended when, in case Of
invasion or Instruction, the public safety ma!
require it, and that somebody is to judge o.
that necessity. Is that somebody the Com
mander.in- Chief of the Army and Navy OF The
United States or the Recorder Of the City o.
New.York If not one Of these, who else
The Recorder has here assumed 10 prejudge
without argument the gravest questions of pri-
yate right and public law-questlons which
very probably involve the life or death Of the
Republic Let us illustrate:
During the fore part and middle Of the year
F ls61, majority Of the then Legislature OF
Mar, aud elected by the Recorders political
fellow-partisars) were VIGOROUSLY in practical
sympathy with the JEFF. Davis cOniederates.
They met in adjourned or extra session at Fred
erick with papable intent to commit their
state TO the fortunes of the Rebellion. Now
il is quite certain that any act Of Secession
they might have passed would have had NJ
legal or mora validity. but II would neyerthe-
less have been exceedingly embarrassing and
injurious to the Federal Government, which
therefore took several of the ringeaders int
custody and sent them to q distant fortres,
for safe.keepng. The peril was thus ayerted
without bloOdshe1, and the People OF Maryland
in due time elected loyal Legislature. The
Secessionsts, being thus rendered compare.
lively harmless have since been set at liberty.
But if Judge Hoffman be a correct expounder
Of the law, the Federal Government was ut
terly pOWerless against these traitors, and they
have good cause Of acton against whose.
ever interpreted to prevent their passing an
Ordinance Of Secession. Even if they hoc
passed it, We do not know that they
could have been convicted Of treason--ccrtainly
not with Judge Hoffman to RUE and jury Of
bis fellow Democrats to render verdict. TC
US, this looks exactly Like tying the Unior
band and foot and delivering il over helpless Il
the Vaccinations aud the bule.ings Of traitors
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