Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-05-28

out9 - Ie same mat tins armant is OF ha counsel OF
SAID Han That the latter in bodily fear of being Sc zed
under said warrant and is derous that said appointment
should be revoked and cancelled aud said warrant
or withdrawn and tpat said Coke was the counsel of said
george W. Duvall IN his efforts to recapture said Hall
| - ~ JOHN DEAN
Affirmed before me this day, 26th Of May, 1858
| Clerk Supreme Court District Of Columbia
On the conclusion of the reading the above affidavit
| Judge CARTIER remarked / suppose you appear be
fore the Supreme Court of the District Of Columbia to
make an application for the removal from Office of Of
| it's offcers7
Mr. DEAN answered in the affirmative
Judge z. And for the that he has issued
tain process and this, with the intention Of trying bis u
| risdicion
Mr.. ID. 1t is based -
Judge C. do not think this the proper way of pro,
ceedng in matter OF such grave Importance
MT - lt Is based on an application that he has not the
authority to act
Judge c. Would it not be brtter you to proceed by
habeas corpus, by other regular rule of
However if my associates here will entertain your
motion, have no objection to listen t. it; but it
would be preferable to have you proceed in
manner IMAM to have us determine on your mo
Mr d. am willing to get au order from the Court on
Mr CoSe to show cause why he should be removed
Judge 9. Then should certainly insist upon a notice
TO the party interested these proceedings before
tanning the motion
Mr.. d. l propose now to ask your honor TO give me
order for Mr. Coke to show cause why he should NOT
be removed, reurnabe at such time as will suit hs
convenience OF the Court to hear his
his acton was concerned in the appointment of Mr. Coke
1t had reference to the question of the rendition of ug
tive slaves in this District. Mr. Coke is respectful
member OF the community and competent and excellent
lawyer. He is man of good character and loyal to h,
Government He resides the city Georgetown wher.
commissioner of this court had been very much needed
We must always have such commissioner there. This
court possesses the power to appoint
take evidence ball. and TO perform various other functions
But il does not necessarily follow that because Mr. Coke
Is appointed commissioner, be has the authority 10
execute the fugitive slave act Of 1850 SO far my action
this court concerned it had reference to the act Of
1850 had already given decision that act, aud
was that 1t did not now apply to the District of Columbia
Mr. Coke, since his appointment, has thought proper
issue warrant founded the act of 1850. Now the
main question appears to be test TO whether Mr. Coke
has in the issuing of that warrant acted lawfully
lawfully. Why then should we issue any orders against
Mr. Coke until we have settled that point oursves7 In
gard to the law on this subject the finds itself equally
divided How then the court undertake to treat Mr.
Coke as though he had violated the law? He officer
OF the United States Although he is appointed by this
court t he is an officer of the United States. All off.
Of the United States necessarily appointed by
the President If he to be tried on any charge think
this ia rather irregular mode OF procedure it is you
compel us to exercise our discretion Although myself
have decided convictions this subj ct, and s adhere
to the of the which announced in the
habeas corpus case yet do not see how could be
PEELED to acqulesce IN the removal of Mr. Coke. would
not consent to it simply because Mr. Coke and differ
upon this subject OF the fugitive slave act Of 1850 you
appealed to me to remove him, would not do it,
Judge CARTTER 1t don't appear to be regular way
| of proce-ding.
| Mr. DEAN. Will you entertain my mo ion, which is
Judge c. Twill not entertain it at all without Mr. Coke
| Mr. D. Will the Court hear the basis -
Judge c. No, the Court will not hear it. When you
notify Mr.. Coke then will listen To The foundations of
| the motion Then don't know how long will listen
Mr. ID. ask your honor to give order
Judge c. viii not grant any order until officer
Mr. d. Well, I can give notice. so that to.morr w
Judge C. Certainly.
Mr.. ID. will serve him with a notice 10 appear here
at 10 o'clock tomorrow morning don't want the su-
preme Court 70 adjourn sine die before have time TO
bring this matter fully before il.
Judge &. The Supreme Court will adjourn when it
has brought what business there before il close
Judg. FISHER ! suppose you propose to try the
| lidity of this warrant
Mr.. ID That Is Of my objects.
Judge f. Would it not be the proper plan to try that
question petition for writ Of habels corpus when
Hall has been arrested aud put iao the custody Of the
| Marshal
| Mr.. d. replied after which
Judge c. again insisted that this was an irregular
| method of trying great question
1t finally decided that notice should be served on
| Mr.. Coke before the motion would be entertained.
| The Court then adjourned
Subsequently Mr.. Dean waited on Mr. Coke and served
on him the following notice:
To Haler s. Core, Commissioner, SC
SIR Please 10 take notice that the foregoing afhia
Wit lit published above and the records Of the Supreme
Court OF the District of Columbia aud the papers s
with the Clerk of sad Cout relative your appointment
an application will be msde TO said Supreme Court
City Hall, in the city OF Washington, 10 O'Clock
forenoon OF May 27th 1863 thereafter
sci be heard for rule Of order cancel aud revoke
your said appointment Also vacate the OF
by you issued for the OF Andrew Hail. and
for such other rule order msy bs proper in the
premises JOHN DEAN.
OF counsel for Andrew Hall
Mr. CoxE admitted in writing the serving of the notice
| and thus remains the legal side of the
In the time question has also been raised with
the military authorities who still have the fugitive in their
| possession
One of the counsel for Hall appeared yesterday before
Brig Gen. MARTINDALE, the Military Governor Of this
District and asktd TO be informed what will be the future
action Of the military authorities if the civil power should
attempt to get possession of the fugitive either on the
warrant issued by Mr. Coke by any other civil process
Bearing upon this question the act of Congress of the
18th Of March 1862 estil led An act to make an add
onsl Article Of War" which is in the following words
ARTICLE All officers persons in the military or
naval service of the United States prohibited from
yng any Of the forces under their respective com.
mands for the purpose Of returning gves from service
labor who may have escaped from any person To whom
such service labor ia claimed to be due any officer
who shall be found guilty by court martial Of violating
this article shall be dismissed from the service"
The question propounded to Gen. Martndale, we
Informed is to b referred to the Secretary of War for
his decision whether the above article Of applies to