The New York herald., 1863-09-30
Action Against the Secretary of state for
False Imprts so n nemt.

SzrT. oo.-Coionel GEO ". Jores Hon W--. H seq.
cyd Secrrory Of STATE, This motion to suspend
proceedings this for false nprison
ncut inasu,uch as there u moton to remove the
To- int the federal courts The action Is or alleged ta!ss
mpr The plaintiff formerly United states
Consul TO Bogota. The defendan, Is VIM II seward
United States Secretary of state
Messrs. aphagen Brady, Ia behalf OF defendant
moved 10 have all further proceedings this stayed
this court. The pl,ntir, formerly consul Of
government Big Ia, arrested ia December,
1901 by the defendant oider md. as Secretary OF
sate On the 3i day OF March 1868. Congress- passed
aw entitled An &C, relating 20 habeas Corpus and
latng Judicial Proceedings IN certain cases The fourth
section o tho aot makes any order u the President
under biz authority made at time during the ers,
OF the present rebellion de all to
any action prosecution, civil criminal pending,
commenced for search seizure arrest under
such order The nth section Of the ACT provides for tho
removal N all actions for any such &c from any
state court In which they may be commenced 70 the CTR
cut Court ~ the United states.
Edwin r Meade and John McKeou, Esps. for the plain.
tin opposed the motion the ground that tho act % lues
ton anconstitutiona because nrst. 4 conferred
upon the udcisi power OF the United States which
ceeds the general grant of powers TO that
branch Of government by the constitution, %.
coud, because II proposed 10 dvest the state
courts OF their rghttul hlrsdicton and thirdly on lc.
count Of is retrospective character
In answer these objections Mr. Brady con,ended that
the nc, was constitutional The judicial power OF tho
United states under the federal constitution includes al
Jaw and equity arising under this constitltion,
United states" Prom 1859 10 this time. Congress
has passed many laws similar 10 thls for tho
removal Of causes from state 10 nstiona, tribunals
a. Tor example, between aiea and
citizen tho citizrn a one Stste against the
citizens y another 10 cases Involving more than i've
hundred dollars The act - March 2 1855 extended this
rirht removal 10 sl actons nst Ucer of Tho
Ulcd atAes any other persons for of account o
a8s under the u the United states
., nser cnor thereof for ~ II gh,
authority title ~ claimed b. such nccr any
o.her tNrson under any such law o the tnaa states
u Tffste lu9ty
coanyaars " Involving the federal constitution Is
given 70 the feicral courts TO preserve consistency
ia tho sdria syrteu, ana AVOID conflicting decisrGs
on the simo question the states a the tn0n.
does not interior. with the jurisdiction ~ state
court any rguFranl 20 the constitution. II
the defendant dd not object could be tired and deter
mined here lis claim " have Il reno, si u founded on
- Involving questions which the oonsit4ion provides
shai be determined by the judicial power u the natfn
rhai power vested zone supreme Court and 10 such
inferior courts Congress may from ufns.to time,
tabish.' II the state courts and the tniied states
courts should make conflicting decisions On the sam,
question under constitution ~ the United there
would arise comic, which the trainers u that oonstu
ton meant b. guard against most carefully And ~ 20
law bciag retroactive, has been irequeniy hold in
the national tribunals and N the courts Of h- STATE that
laws altering md amending judicial PROCEDURE, or such
relate merely tie remedy, may BE- retroactive and
frcqosnsly pssed - "render legal and valid the dongs
u pubic ocers 10 confirm thu Of towns and other
cofporasioos invalid fos some niornslsy although ~
such ensctmefSs individuals he deprived Of rights
vested right 70 THIS resIect The state courts 10 cases
of this nature bed their ufsdctcn Subject W 80.
rir authority OF tbs federal court derived from the
sttntion Tue respective counsel BIN points and
elaborate arguments Tue ain before sbe
The following IL the letter q Mr. seward alluded -
nxyaKrsrsr % rrArH, wssHt.oros, Jan ~, 1893
TO r. r. MHaus, Esquirc. No 90 wsi street Nsw YORK
nEss ssH-i have received the Dots ~hlcb you ad
dressed the lstn nsisE informing me that you
have baen retai0ed George ". Joues, - Iowa,
stiu,s proceef,rss fnr damages growing
~ his recent ana Imprisonment and, eonsids
ration N courtesy and mu,ra touvsuenoe suggesting
that should be agreeable 70 me ght refer yoo "a
attorneys 70 Nsw YORK vto could antsr sn apt~assnos
Cor and thereby dispense with personal ssrves of
process
thsuk you very sincerely FOR the ooasderailon which
you have manifested 10 this respect srd ptAv you be
assured ,hs1 % duly sppfec sisd
have 70 state IN reply " v0ar sngxoton, thai the
matter involved 70 ocsl ons, and not o. liberty
u invite os favor the proce~fns Which you rssxrd
your Asty 70 instlt1ts gW This rcasca u s savs ycu
70 oouduct the snar Ia your osn way
Your letter 10 martsd personai which very rUrsv
90 far you ooocerned but TIE same cons dsrston
which have before msntoned has obliged me 70 regard
a. public one, and Mat commanicasron, toesher with
sh,s ans ger thsrefors been sgbmai " the prss
deut of the United s,tr~s
an, dear sr, your ve~y obsdlent sesvAni.
WILLIAM II SEWARD.
Hsssrs Ewn Mesie sEd John hrKson fov plaintiff.
Me@r James Brady and william 9. rrsphasaa fcr the
Secretary of State.