The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-02-05

eEo- w. JOKES is. VIA. n. SEWARD.
AZ aesss~ zoe False rmsrisonment-
Ds~ssss Esis Ne ss0. e00-Arg ame nj
a. Fesstssn 60 Remove enc Case 20
ss~ Waited states Circuit Ceurt-Inse-
s"ssssg Proceedings ConeeraiDg Arbi-
1ass Arrests. Ae.. &C.
ssrsxxx eoUKT-sksEEAL rsEm.
e.sss Suages cisrke. Leonard sse sutherland.
fss s--es-ss " Js~s - waIssn M Serord The
ps'ass shis scles was formerly United states Minis
To- - ntosrsses IA tbs mouth " November, 1861,
shls ssns the New York Hotel n TINS city, an
~ ss s.as Iowa be arrested By order Of Score.
CAY sss.t and confined In fcrt lafayette charge OF
Ssss tresssaabls eorrespcniencs with the rebels. He
T-msssss priscp shout four months, when order
oa@s Co. bs discharge lnmmsdiately upon being re.
)ssse ~ Jcaee commenced acton against secretary
esssrs 20 fsse Imprisonment laying his damages at
City shcsssad dollars.
Tho ess came up before Judge clerss in the
5spssa.s Csfrt. special term, Inst October, whom
shs csaaqs Coz the defendant psttioned to have the
ass tue Cned states District Court, under
Cha ab Of the Of Congress passed March 3,
Isss ~aob psovsdss thai any suit has been shall be
csp@snced ssasnst any officer, evil military any
Other eIss, for any arrest, imprisonment trespass
wrong done ssrtag the present rebellion by virtue
se 0vs or say suthory derived from shs President oC
rho Unsed States any Of Congress- the defendant
snay snoh action into the Circuit Court Of the
Uaasd states Zoe the district which the sui, brought
On opmp ytg with certain requirements The Court de-
'ss emo motion witnort costs tbs ground that the
pcag question in the action worthy OF consideration
which 90 20 be entertained did not arise under the
tatoa Of the United States but was Gtly within the
tur,sd'ot,ca OF the state court.
From tins decision the defendant appealed TO tho Su
Qrsme Court, general term, where the case was fully
argued 20 day BY James 7. Brady and William q. Trap
saagon tho part OF MIR. Seward and T. r. Meade and
ex-Jcdge VILLAIN r. Alien on the part OF Mr.. Jones.
POINTS REspoSDEST.
FyS-No appeal lies In the No order
naey removal OF tho action aud whether the order
Was granted o. refused the removal effected by
and s Sr
tho pesit,os, &C., was In proper form.
Scogt-Tho petition does mot make a FOR removal
under tho constitution or any act OF Congress- The petit
fioa aa0 affidavit should state positively and unequivo
Osy tue points constituting the grounds Of removal.
IT shood bc 10 double the amount claimed at least In
0ame penalty.
Che petition that the defendant committed the
pansd sAs Secretary State OF United states OF
dent OF the United staes did not bring the case with
IN the jurisdiction OF the federal judiciary the
MA -rhe fact that Congress has undertaken by law to
confer jurisdiction upon the federal courts does not make
a when suit brought and is under the
laws o. tss United States when the act other matter
- be concerns the laws Of the United Siates
In existence at tue time OF the act transaction que
tSon, Woon law 10 force AZ the time is seged
giving the action or furnishing the defence.
act planned Of simple tresspass
emitted asd within the territorial limits Of inc State
q New yerS Of which the courts Of the state had excu
sns 90 m or ecor Claim any a1sdisson UNDER
tina or laws OF Congress- Ia force Al the time
Tue sbs, act OF Congress- broad IS, does
tect AND csnelste
ronrs FOR THE DEFENDANT
tkd IA making this motion the defendant does not at
nat ,ha aeoesJiiy of any order from this to deprive
y fton jurisdiction control over this The act OF
Congress passed March 1863 entitled can ect relative
90 haben co'pos and regulating judicial proceedings
csfta,a cssas provides in the fth section that i any
=: g - O. aSy other s any
Tor any arcest. imprsonAsnt, trespiss Or wrong
ono or act omitted TO be DONE during the present
Seoeoa shy virtue under color Of any authority de-
rived froa exercised by undo the President OF the
United states or act OF Congress-" the defendant
may such action into the Circuit Court or the
United states tor the district the suit Is brought
or with certain requirements, such as Offering
s,Ssr5-Brt IN making this motion we proceed accord.
tng gs,scs which courtesy a. least justices and
from the state Into federal tribunal under acts OF Con-
Grsss s'niar to the one above mentioned
Tud Tho Of March s. 1865 is constitutional The
Judiciary OF Congress passed September "a 1853,
acted tst the Circuit Courts Of United States shall
hsKc orsos cognizonce concurrent with the courts Of
Che soversi States. Of all suits Of civil nature at
teu law. oe Ia equity in certain cases specified 10 the
act.
Fosrs tho psn.i6 is said to have been arrested BY
writing sisned by him. and dated December 1861 This
pr.ms Court Of the United states il wilcox VS.
x5 Peters, 4o8 sayssThe President acts in many cases
Madison Oranch 1877 IL il held that the official acts
OF heads OF the executive departments as organs OF
tho President which are OF political nature and rest in
executive discretion, not within judicial cogniZance"
Ffh-Ne have made the suggestions presented under
the point TO show that whether or not under the
Necessary implication arising from the suspension Oh we
writ t,s President, such Commanter-inChief OF
ths smy Navy OF the United States or any person
acting under him, during me rebellion or in
vason smmarily and without conforming 70 all the or
d nary tres OF law which prevail in times oil peace
arrest morrison suspected dangerous persons, is
plainly inquiry arising this action and presents
cass arsg Under the constitution Of the United states
ts' tn'sse sissss s.! s sfe vol
mraihe paint,f e counsel argues that when the ar.
place courts OF this state had jurisdiction Of
action ike this and might exercise IT, though such ar
by authority Of the United States We do not
M tho plaintiff had no right 70 bring an action
In the Court OF this state, nor that the Court
could give Judgment in the action II not prevented by
action doubt concurrent in the federal ana State
The same is true OF all actions which are re-
70 tho federal courts Al the instance OF party
S,~enThe act in question (slarchS, 1861 treating
ths state courts as having at It's passage the right TO take
over them exclusive in the United states Courts
the parties prosecuted remove the actions INTO the lat.
kaghsa-Ins plaintiffs counsel say that the act does
40, coafer Original jurisdiction on the Giro ut Court to
take such We say that the jurisdic
tion, exists at all, Is original because u Is not appel
tate
NN -fhs objection TO This law as retroactive cannot
rreya TIE act question is free from any such opec-
tious {, hardly necessary 10 state that the prohio
tou Of ,be constitution to post fcco laws has refer
eucs ouv 20 crimes.
Tenn Tho defendant being prosecuted in this action
for donc member, officer agent Of the general
goysnmsot under authority claimed 70 arise from the
oons laws Of the United States land placing
MS the right, by such authority, TO do what
e charged wb case is presented Of which Congress
authoys the Circuit Courts Of the United States 70
take TO the exclusion OF the State tribunals
Ii has dsas 80 in this instance the evidence ad
prayed should DO made dvestng this court OF any
furher jurisdiction control the present action
any future processing 10 it.
Tho Curt took the papers, and viii probably render
,decsspa tbs Interesting point next week.
Police Intelligence.
Darar,os on GANG or DsoRpRIy CocK FIcaJERs-
-, vwa urccinos Yolre