The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-07-07

msaa IN the State o,u-t (poiard DWIGHT. orasch
An. Urdec tb- Jdacisrs o. 1850 ths pr ceea og
removal uDdr question OF tSo5, are "
take ~ace 70 state courts Under tho ael =
provide for The collection OF du es on hnports
OF h'rch 2, 1879 "a statutes at large, 6SSl. the
Jur,s ctin I" ins Circuit Coars Of tbs United States
wss eNte 'ded g. al usses. law and eiuty, arssns
under the laws the United states; and, any
suit vas conmeac IL State tor any matter gr'~-
Ing it 81 these laws tue app Ltiou Tor IT'S removal VIZ
d"oced =" DC ov petition to the appropriate arc "
Court would seem by this that Congress- his had DO ore
Tvs "''a ~, W. suo eos On ~h'on o. sno .wo -"
courts saonid oe tho ius gum@nts. through or "
which the Jredc',oa OF IL be transferred
To the ether H. some instances the state courts are
IRE erred, ana IN others tho federal, tho IL
deiucnis that a these respective
preiereno- tier must bs amount Of 90 ddencs
and discretion posed 10 boh sets Of courts the per
o nance of th duty In Gordon Longest 10 Peters
81 tho suprene court Of the Un,ed states held that
the Judge OF state court, which appca alton Is
made or the removal y OF the United
states, must exc else loyal discretion to the shs
claim rem We the calse As understand this de-
csion. the Cohri Is to be satisfied things First,
that me law which tho sought Is valid
and second tLss Il has been literally adhered to In the
steps tkeD ~ accomplish removal The discretion
not arbitrary but must yield TO 10 law.
In this cass ! am not satisfied that the hith
section ~ the act or 1885, far II Affects
the transfer OF criminal prosecution from the State the
federal courts. Wild. ana must there denv the
ton Oh the part - the defendants This conclusion
not at all conflict WITH the Judgment OF tho general term Of
tho supreme Court OF this district In ths Of Jones
rev 60 howAra TT n 4ss nor does y conflict WITH
that that Instrument and the laws made IN pursuance or
II,
prce law of the land with tho provision that the
judicial power OF tho United States shall ext nd to all
cases. IN law and uy arising under that instrument
tho laws OF the United states The OF
Jones Seward civil proceeding, and did not in
volve the question submitted to this Court As the
etuton Of United States does not execute ITSELF but
bee effective the action OF Congress which body
the proper laws 10 execution o the powers
gives the defendants place upon that
INSTRUMENT This will be found fully conside ed
Metzge r(lst Barham ). C. r., 24S).
come to the present conclusion more Willingly be.
"a Apni 10 lT
claim the benefit OF the legal principles and rulos
would be applicable in the United States Court.
The judiciary 1889 a Statutes at Large, page 49,
section 25) provides review upon writ of error,
by the supreme urt OF the unitei States OF tho final
law equity in auy State, "wnere is drawn in question
the VALIDITY of treaty statute Of an authority
against tber validity for whore is drawn In question
the validity Of statute OF, or an authority exercised
under, any state, on she ground Of their being
repugnant TO tho constitution, treaties or laws
OF the United States and the decision Ia in
favor OF their validity; or where Is drawn
in question tho construction Of any clause OF the const.u
tion, o! treaty statute OF, or commission held
nnder the United Staes and the decision Is against the
title right privilege exemption specially up
claimed by either prty under such clause Of the said
constitution, treaty, statute or commission" This
dsrati by the supreme Cour, Of the United states
in Coheus tina State OF Virginia 70 Wheaton 2S4),
whore it discussed and Illuminated by Chief Justice
Marshall In OF the most mastery opinions which
emanated from his great mind Should any injustice
DO done to the defendants BY the courts OF this State 1t
OF the Judiciary No such apprehension ought TO be
nduged for hardly be possible that this State,
legal effort OF the general government III the present
emergency will consent t" do TO any OF the agents
Of the general for yielding obedience TO any
OF its lawful commands
Recorder Holfman-This notion although 10 was pre-
sentcd at the court held by the City Judge who has
jus, OPINION also heard by myself, at
the request OF the City Judge and at his request have
reduced pn'on to writing aud the reasons aud con
illusions to which have arrived.
Judge Hoffman then proceeded to deliver his opinon,
10 which he coucurred In that Riven By Judge Russell
Mr. JAMES r. BRADY remarked that the only form In
which by any possibility the determination Of the Court
could be Investigated would be by application to the
Ctrcui, Court OF this District for mandamus; but no
such step would taken by counsel. The counsel for
tho defendants thought due 20 the case TO the court
and to the general judiciary OF the United States that
this application should be made
II was agreed that thu motion to quash the indie
ments would be made next Saturday at ten o'clock
GRAND JURY
AS soon this question disposed OF Ihe list OF
Grand Jurors called aud the following gentlemen
sworn to serve during the present term
Benjamin II. Day, Foreman.
John Jacob Aston, Jr., Arthur W. Gabadan,
Chas. Abernethy, Nathaniel A. Knapp,
james Conway, Samuel Knapp,
Wm H. Christie, WIN. A. kettletas,
Hugh Crombie David Quackeubush,
Andrew Clark Abram Il. Rapeye
Thomas u Geraty, Emory Rider,
Austin II. Thompson Henry L. Terbcll
Judge Russell proceeded TO charge the Grand Jury
briefly Observing that but the ordinary routine of
cases would be presented TO their consideration at the
present term. He requested them adopt the rule
which was TO sit till tho calendar OF each day
was disposed Of. II that rule were acted upon
the business OF the court would be finished in
few days After calling the attention OF the Grand Jury
TO certain speca! enacments such as statutes against
uSuTy lotteries and exoron and 10 the laws relative to
the purity or elections and tho passenger act they pro-
ceeded to discharge their duties.
The petty Jury called aud the Court refused 10
any, stating that jurors bud legal excuses oGer
they mus, apply 20 tbs Commissioners OF Jurors.
number Of gentlemen who failed 10 their
names fined twenty five dollars each.
Assistant District Attorney stewart Will Conduct the
prosecution this term