The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-29
A TEMPEST IN A TEAPOT.
SPECIAL CORRESPONDENCE or THE HERALD.
THE Confiict Of Authority Cases In Philadel-
phia.

SPECIAL correspondence Vt IHe htkAlu.
THE Conflict OF Authority Cases In PhiIadel-
phia-
PHILADELPHIA, Sept %. 1867.
This afternoon the conflict Of authority up
for argument thc Court Of Quarter Sessions, judges
PIERCE, Brewster and Ludlow the bench The facts
are as follows:-Gn Tuesday morning last Commodore
selfridge. the commandsns Of the Philadelphia Navy
Yard whc had been commanded, by writ Of habeas
corpus issued by Judge Peirce produce court the
body Of Charles Gormley, alleged minor, who had
been enlisted into the navy made return, denying the
Jurisdiction OF the court and refusing to comply eth the
terms of the writ, in accordance with instructions
ceved from the Secretary OF the Navy. Judge PIERCE
said he satisfied that Commodore Selfridge meant
dsrespect for contempt OF the Court in not pro-
ducng the body Of Gormley. In order that the case
might be properly disposed or judge Percc granted the
request of Assistant United States District Attorney VAL
eptine and entered rule to show why attach
ment should not be issued upon Commodore Selfrdge
for contempt making the rule returnabc this morning
before Court 6anco. The attention OF the public
drawn 70 the case through the recent bun
lation to the somewhat similar case OF Cap
tain A. NJ Brown, Of the United States Army, in
which the District Attorney urged the Court to main
tain its dignity at all hazards, aud called upon Andrew
Johnson Governor Geary and all the other powers that
be- rally support of the Court of Quarter Sessions
against the 'whep' Brown, and the "rufiian," "high-
waymann and ''blackguard" Secretary welles
On the opening Of the court at ten O'Clock this
ing Judge PIERCE stated that the case of Commodore
fridge would be called at twelve o'clock AT hour
the portion of the court set apart TOR the members
OF the bar crowded. great deal of interest beng
manifested in the approaching proceedings
1t not until quarter u O'Clock that Judges
Brewster and Ludlow appeared and took their upon
the BENCH Mr. Valentine, Assistant United states District
Attorney, then and requested continuance of the
He read TO the Court a letter addressed to the
Secretary Of the Navy by the Attorney General OF the
United States, in which the former advised
quest few days delay before the final argument Of the
point at issue.
Mr. U'Byrne the counsel for Gormley nterposed oh.
jecng any argument of the merits Of the pend
ing motion for a mere continuance. He did not object
directive discussion of the question, but OPP
posed introducing il collateral matter to the
tor continuance. Commodore Selfridge entitled
to pect from this Court he was still in contempt
Of It's orders. But he thought that the application of
the Attorney General for delay should be considered
Mr.. Valentine responded that he made this application
for continuance as tho representa- i've Of the Attorney
the commandment Of the Navy Yard 10 the rule show
cause why he should not be attached.
from the Commodore. Mr. Valentine should fle his
reasons continuance and proceed In regular order
Mr. Valentine was again about to read tho return
when Mr.. OByrne again objected, and Mr.. Valentine
in turn objected to there being continued Interruptions
On a former occasion he said that he had listened
quietly to all that said by the opposite side, and he
claimed similar courtesy.
Mr. Valentine then permitted to read the return,
ment against him should not issue because he was act
ing under the orders OF his superior officer which he
was bound to obey, while he entertained NO contempt
disrespect for the Court
Mr. Valentine continued and suggested that under
the position assumed by United States regard
jurisdiction harm could occur, as the United States
still open to parties Chief Justice Taneys
decision Alderman Booth ruled that tho United
States had sole jurisdiction, and that being the
the secretary of the Navy has issued general
der-not q particular order. This being the law. the
gentleman who addressed this court on this subject
appeared to forget that they attorneys and that
they In court OF justice. Even conceding the
right to issue this writ there be no right to issue
attachment against the Commandant at the Navy Yard
That another why the case should DO continued
for the present
He wished TO refer to the case OF Captain Brown and
the reflections upon the District Attorney OF New
York. He bad received letter from Mr.. Courtney, In
which he denied all knowledge OF the issuing of the writ
OF habeas corpus by the State Court IN New York.
MIR. Mann, reply to this, said that he to New
York and saw Mr. Courtney in person and explained 10
him the condition OF affairs, and warned him OF tho
danger that a writ of hsbeas corpus would issue by
State Court. But when this man, wearing the uniform
Of the United States, got to New York he wss taken
away and our people told that they from
horse town. The people here do not know the
provoca,ion which induced my speech. have
in this community who will lick the hand that smes
them and would sell the liberties Of their country
for the privilege Of contract TO make twenty-five
coats.
This ended the discussion IN this point.
Mr. Hrst Jr, in behalf OF Kelly said he In court
to argue the case and the motion for continuance APP
peared TO be made the United States District
Attorney discovered the weakness OF his case
time was needed in order 10 get the boys beyond the
jurisdiction Of this court
Mr. Valentine said ne had no knowledge OF an inten-
ton remove the boys He could no. say that they
would be removed but he did not believe that there
such intention, and would not occur, far
the Law officers have any influence.
Mr. O'Byrne, in reply TO the Court, said he had no
objection to a continuance for one week.
The Court then postponed Gormleys case, and Mr.
OByrne said that next Saturday he would oppose any
further continuance, unless Commodore Selfridge was
in court
Mr.. Hrst for Kelly opposed any continuance in that
case.
Mr. Valentine said he intended his appllcaton TO an
ply both cases he could the necessity
argument in one case alone.
Mr. Hirst said for q continuance had been
shown. In civil affidavit required before q
continuance will be allowed and In this court there
should legal ground lard before the United States
District Attorney could the 20 over. Here
there nothing but simple request, and that too
from Commodore Sefridge who was not entitled TO amy
consideration ~ he had refused TO appear In court
produce the body OF Michael Kelly. He had written
letter saying he'meant dsrespect IL that has be
recognized sufficient then the Court might issue
process to bring in hghwayman or burglar, who, in
stead or appearing, would scnd polite letter declining
70 appear.
Mr. Valentine suggested that the Attorney General
asked for but short delay, In order examine tho
subject and advise the Secretary OF the Navy.
Mr.. Hrst, In reply, said this assumption the
part of the Attorney General that he alone understood
the law and that this Court not competent to dis
pose OF It,
Judge Ludlow announced the decision Of the Court
that nothing would be accomplished by the decision OF
the nov, the Court would probably reserve its
decision until after the argument OF the other case
After considerable discussion the were axe
for argument on saturday next.
NOW TO HUNT THE INDIANS.
TO THE EDITOR OF THE HERALD.
NEw YonK, August ~, 1867.
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