New-York daily tribune., 1866-02-22

of
the power Of the Conr, to compel tnS joSc The
the minutes Of the evidence taken by the ce
law does not in terms require The Cominssio.si 20 80,
,be ,e,onv OF itne,ses TO writing although tLls
ally done bv those magistrates in impofdht ,r,Ss.
r for 4, oTen hsnpeus that the evidence upon "hGh
commitment founded consists " paIt OF urpostos
h , rsnla and in Of oral testimony taken peore
H. C.'sin., and by him taken down IN hls ininutes
me vtneses who thus testify sometimes tae 10, Ieote
be, vovsge before the final trial aud it would be strsnge
indeed that on an application to discn~se OK m"oiIy
10 exsrine into the evidence thus ipformslly taken
while it would be compelled in she esl, eseIa,e ;r g,
A solemn duty, 10 look into tSt conttlIed IN
formal derofon Under such administration OF Jnstce
tL overnpent as well as the accused. would often be de
pryed Of material evidence and the power OF The ,o1f 10
properly dispose Of tie case would be greatly inpeueu ~
,uch the Court would certainly be Jus'ihed III
the Commissioner 70 produce bis minutes and he
70 take them ortney had been lost OF qesuoyto 80
him ana examine him, under OATH toucns e eNluere upon
which his commitment was founded Indeed ths very eous
OF proceeding has been reduced 70 ioiinei '
by least Court Of the United states OF hgh
and extensive Jurisdiction Iparie Be9net SI ~ - Ne h
62) II would be satisfactory II the minute, Ol 'n
Commissioner were always formally tekeD aud e testimony
Of the witness read over to MIN, and 'ubscped py h, own
band but the absence oi this iorhaty calot We A.
psrayze the Of this Court and destroy lts power 10 u"
iuco TO both the Government and the accn-ed- ,.
The Importance OF TINS power oi INC NVeI' w ~. J,ido
evidence il may necessary III order 70 decue
whether proper or not 70 loid PRISONER ID
will be clearly seen on examining the hul,i SI tnnss ~
such power existed. one Of two results would follow; e
the prisoner woud be kept IN confinement ls as iops a. h
prosecu ion might see ut 10 bod Lh OF He Noue H -
compelled 70 mako mere arbitrary order limiting We n t
~ indicted
happens tina, prisoners "" hfoushi INTO di'lC Ioi M
before he Necessary evidence be- obtained or submission
10 the Grand Jury This happens more equrty N le G %
Of crimes committed on mpboard N remote lai' "
world hut may and does occur in other instances. III s'
the Court wond not, tes compelled; apitISiIy IIl
the time within which AZ ndctinent shou'u oo , I'm,
o4 the prisoner released. 10 would be aIimporltn.
that the Court should look into the evidence ; uPo.
which ne prisoner was committed that ~ nl.h' ue. i
whether OF not the circumstances arouudns ne @
4 The alleged crime were such as to ar rhl n , ~ S
delay usidahe would be different in different cases pend
Ing upon evidence 10 put on order upon 'ne p, M Zen
ney that be should have hi. indictment 10 court py stu
day the prisoner be dicharsed without looking INTO ne
evidence would be blind exercise Of peweE itle memhs ~ m
the term Judicial Ths the court would Dc coHpe"u 10 90
unless had control over and the power to ex nne ino tne
evidence orcse leave the prisoner virtually M the hahds 1
the prosecutor end Ia such term OF cohhheneht a. ne
think proper Of prisoner would BE- uncaoiaby
detained uude the official 'ancon Of the distinguished and
enlightened gentleman VINO no" ms 'hs ,ce " 49,
in this district But this court in the discharge OF its duties
be espeer OF Person nor decline any q te repon
oities imposed upon 1t by the Constrnon ana me A~s
1t ITS duty TO see that every person committed 70 M c
tody whether under awaiting indictment hes speedy as
well pubic aud impartial trial. and 1t should accomplish
this object iD such manner that the ehds o punhc
justice may be attained and the rights OF every prisoner pre-
There i. another consideration, which proper
advert As this Court has the power 20 issue ws OF
haoeas corpus for the purpose oi nqmIins mo ue a..
comntmant a. Steel sg' Large P a. sec. ~ t'ps' " n
ercse Of this power where the warrant Of commitments
irregular and void It's face, TO discharge from arrest nness
could behind the warrant and examine into the evidence
upon which Il was founded This have already shown,
would sometimes be impmccabe unless the Court condr re-
the evidence when the
which might be within reach OF the Court on return OF 'he
habeas corpus, only through the Commissioner minutes OF
his own testimony
For these reasons the Commi,sioner who committed the
prisoner in this must answer the cfrar oy producing
the evidence taken before him a. tn. eiidenee Va sn
will b. sufficient to produce his minutes thereol ~
affidavit upon which the original warrant Of arrest issued lhe
warrant itself and the order Of con mi'ent are already De-
fore the Court. A.,
the principles here laid down have no necessary relation 70
the powers conferred upon Commissioners under the laws
touching the execution Of the e1tradition treaties
The the cetorIy having been made In conform
y the decision and the question Of the further de-
non discharge Of the prisoner having been heard the
Cont proceeded TO render the following opinions:
The evidence and proceedings upon which The prisoner
Robert NJ. Martin committed TO await the action 81 the
Grand Jury in this Court have been carefully examined ana
considered by the Court The question now to be determined
is whether he should be rcmanded or DISCHARGED
As the authorities somewhat conflicting touching the
degree Of certainty with which the affidavit warrant OF
their form in this case with the simple remark
that they are extremely general, not TO say vague
@ sha @neettan, one Snt,se ~, FebrDsry 2s lss3
10 vol Stat a, Large no. entitled an act to punish frauds
the first day Of November 1854 within this district did
Snowsy stePt to destroy certain public record. % Of & the
charge the prisoner did knowingly and wiay engage
giving aid and comfort TO the then existing rebellion against
The a'1GIS @ Of s .n,a s, a ssS.. ssn s eob,es Il
sasfff s.Sf sssaais a the
Tie of contains the chirfes and the
order o commitment indosed on the warrant Of arrest he
Commissioner has e1AniBsd into .he otenses charged.
according law aud commits the accused to the custody Of
the United States Marshal 10 be 10y him held in default OF
bail, to awai, the action Of the Grand Jury.
BY the decision Of the Commis,o rendered before the
final commitment Be appears to have bed that the charge
OF attempting to destroy puohc records oi the United states
made out and dat therefore, the prisoner was ent
however hst he was Of opinion that the general charge
having given aid and comfort 70 the then existing Rebellion
30 far supported as 20 warrant the commitment OF the
it only necessary therefore as in the opinion Of
the Commissioner TO the charge OF attempting 10 destroy
public records TO consider the evidence touching The charge
Of giving aid and comfort TO the Rebellion Upon this evi
shs into detail dwell at any length but a.
the Commissioner informs ne thst me copy iufhed me s
substantially correct will direct the Clerk OF this Court 10
append the 70 and hle It with this opinion.
An examination OF TINS whoie eVlasoe tSheh on e hehlh2
shows that the prisoner New orb about the time Of an
alleged attempt burn the city under suspicious crcum
stances and the principal facts which are legal evidence
all are, hrst: That lie went under assumed name
certain characters whom suspicious bad attached and one
Of whom subs querty executed by the military authoI
that the second fact was admissible evidence asnst the p
The intee Assistant District Attorney clearly saw
these facts they then stood the proofs only rei
general suspicion that the prisoner was here of no good pu
pose and in order TO make out which would warrant
the commitment othe accused be offered evidence Of Ger
tain declarations made by other parties some or a OF which
made in Canada and more Of them IN the presence Of
the prisoner The primary tendencies Of these declarations
10 establish the charge in the ahdav snd warrant OF At
tempting destroy public records by burning the city These
mated and far be judged by the proofs ser the
alleged conspiracy for that object had tenluited They
therefore inadnssibe Tor that purpose az the ads
ons oone alleged coconspaor made after the conspiracy
bad terminated and not In the Of the accused
not evidence against the latter The Commissioner appears 10
have taken this view OF the law and xonerac the prisoner
from the alleged attempt TO destroy public records by he
Now the only feature Of the evidence from which 1t be
in any rfeued that the prisoner at any time within
this district aid and comfort 10 the Rebellion is that
which supposed TO connect him with thee fires. The
destruction on city by fire. involving the destruction Of the
public records of the United States the only mode Of aid
the Rebellion committed here Of which the evidence gives
spicoD The Commissioner have already
stated decided aud properly decided that probable in
support Of this fact made out The fact having failed
the inference failed also IL will, presume not be
tenled that The color Of the dendan carpet bag that be