New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-03-16
SUPREME RT-cH,xBERs-MiRcn is'-Bsf're
Justice BAESAHp.
DECISIONS.

SUPREME T-cu,xBERs-NiRcn is'-bsfore
Justice BARNARD.
DECISIONS.
Grosvenor agt. Townsend ct al.
Scott ., al. sgt PcrsuhB 81 o. ,.t,,,s. With l,sve
. G..sna n,s 70 n days on payment oil
murrer ~, -, A. A D,nzur a Al for
'' 49,. mu,.y ss. Richard suiler-sty Of proceedings
THE HATCH DIVORCE CASE
| Coz. l.. V. Hatch sst. DR., H.tch. ,..,..;.-
.ion to chiossO, to te'y in rea-
Tie psaa opposed The motion on the ground that the pro
oseang was instituted to delay the case the u Of which
IN, Jude took the paper and reserved hs decision.
GKssSAL TkEs-aiacH ls-Befors justices LroSiHO'
SUTHERLAND, snd CIERKK
The CASE or THE Ex-MISisIER 10 RoGoTA.
George W. Jones AT. ilsin N. Seward.
Want Of space on Tuesday compelled us to omit
The following ds.snns opinion IN this interesting cae;
CLEREE Il see nothing whatever In ne sfslnen OF my
brethren or IN those Of other judges on the same subject to
10 maintain at Special Term They have all aibs ia my very
humble Judgment unsccounlahly Overlooked the. only
point claiming consideration on ths CREST constitutional sub
According to the doctrine upheld by my brethren,
General Goyonasn Under color of any ea,horty derived
from under the President which nay not constitute senu
s 1Ii eTy Ssdsl W. not S' y sSn s sa
cosizsnee Of their judicial posf !, i only lece.ary to
Wa therefore, justified by the Constitution however mon
and spping the act may BE- TO nshr H. ar'ordng 20
this doctrine arising under thst Constitution. for. 81"
according to the terms Of tie claim the claimant
pea through this remarkable statute, 20 the Coruio or
h, juh son aud however papaly frivolous such q sim
msy behoweveI papAby manifest may he The conviction
tina, tho Constitution 40 moro sanction. sca an at in
the burning Of the Capitol DE dspcrFiol Of Com
7:ess 6nd the shooting imprisonment. or e'r Of tie en OF
whom u competed yet II l. claimed to prel,m question
sutonsl Liberty In Ame.ca the PcrPiIsior Of t" Outrage
nasns 'hai question wli{h : !. ~
hsdicuu. Thus, Ills eIrsoriinary statute Pr.subes not
oily that the character but tho assertion Of the wrong
s
d. other dplostc Minister. srd Consus a aonr the chi
teson Of urs!ction lht b. excluded froni de ato
Surely i III, be doue by Con.rr. the Government OF
tie United states of America IS not ~ all men hc heretofore
supposed ihconesisly Government OF limited powers md
duties, sud Il, Il not one Of unlimited powsI. anS due.
nsy.5hee,, Of vs , aseog g aPe'HD ans
Bat. fl: ssrisd q tLo appellate power Of The snPL,me
tribunal. Il At iii. ease would after udgmon reach the Fed
ers Jurisdiction and that therefore, may we'll be- trans
rsnsd TO lie United State. Circuit Court before
judgment. Even II the supreme Cour, Of the Unit;
ted States would entertain such case ON appeal
DO trun.orred United States Circuit for adjudication IN
the hT,t instance For The only question % be determined y
fer Of this description 70 the Circuit Court Of the United
juri.dction Of tie United States Supreme Court
uds. Court, Of the United States no doub, provides Tat
6nal judgment OF decree In sny ,u IN tho highest Of
lay equity Of State, whore i drawn IN question the vad
ty OF statute Of the United States, and the decision IL
validity may be examined and revised affirmed
10 the Supreme Court Of the United States But fir too
clear for controversy that tho statute IL outrage the Con
stituon if IL papsby u-urpaiion n Il IL plain 10 the most
citizen s the statute IL attempt TO suDyort oil
securities which the founders Of tie Government hayo
provided for the pe.eyon Oper'ona liberty aud to invest
with unlGed dictIona power and therefore. that
u appeal pspahly fiyolous presume the Court would
hear argument such appeal aud would forthwith,
aftr'n the Judgment or di miss tho writ.
Would they foT Instance h-sfhen appeal involving the
validity Of Of Congress diving the President any ohs,
member Of tbs Government power by coup dstd 10 e1
su the legislative bIsrch, Cromwell did tho Long Pera.
nent md substitute Barebones Legislature IN It's place
Surely ifthoy too not struck down, and
o. sid a-ba,rril be nsgned by force by fear by
corrupt a, piances selfish aspa,ions robbed Of dcpen
lenoe s. that the consideration whether the act Is pail
pably VOID pre- itself appesi 70 pre- on IT,
,cf 10 w or tbs riooni and II Il pApsby void repeat It
would not bs treated on appeal as worthy oi being for
Brlt uiteftnil"d.
-olor which have imagined. Whether under tie
preeI OF authority from the President OF the United States
my citizen b wl and pleasure without any
Intervention the judicial bunas ineBrcerate another
zsn subject &c military law, IN oathsome dungeon
onm.'snces which the nation msy he placed be treated
question contributing arising under the
nd any statute which declares the contrary IL palpahy void
ofd-r al specis Term should be affirmed with costs.
SPECIAL THEp--SfARra t.-Be'or- Justice SulnrHL,Sp.
ARREST AND BAIL fRAUDUIrsT REPRFsINIA-
TONS
Sharkey sgt. Frnnkin.
This was motion TO vacate an order made in
Nay Last Tie sfdavs upon which the wa. granted
rgc that the defendant sold to the plaintiff $40 Of New
ofk State seed tobacco amounting 70 oye @20 and that
wsrsnted the tobpcco TO be Of N. qu.ties A" and
b." 80 rsprsened In the bill OF sale that examining the
Obseco Assr the purchase the plaintiff found that Of the
Asses were nat . f'Prs'ens,d and although marked
~ s2ys.s4 Alls.9 81 v ls1.s! s.--'S I-sEg - n. -