The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-27

New Yprk Against PennsyIvanin-ThO
Q.aRsrs Getting their Backs Up.
The Philadelphia papers have lately been considerably
exercised on acccpnt Of alleged outrages committed
against the legal authory Of that city in one BY
the United States District Cou FOR the Southern District
Of New York, and The other by the Navy Department al
Washington Briefly the may be thus stated
minor named George GormIsy enlisted in the
United Sta;es navy It the Navy Yard In PhiladephiA
and ct the instance Of Gormsys writ OF habsas
corpus was issued REQUIRING that Commodore seIfndgs
produce the body Of the boy In This the
dcre positively refused TO do and gave excuse
that be had express order from Secretary wess TO
dlsobsy writ. The other occurred some days
ago. Captain A. M. Brown, United States Army, had
charge Of the recruiting station N Philadelphia
Was served upon MIN. recurring him 10 pro-
duce the body OF boy named Hamilton.
he made answer 10 the writ 10 the effect thai the boy
Was not In bis custody. Evidence afterwards pro-
cured 20 prove that Hamilton 10 Of
Browns sabordlnates two hours alter the writ was
Brown was thersupon commit d prison for contempt
OF court At the instance Of Browns friends the Uued
York issued writ OF hasas corpus ad estifcandu un.
der authority Of act OF Congress- requiring pro-
The wril was obsyed Brown being accompanied TO Ne.
York BY one Of the Philadelphia PRISON officers. Ne
sooner bad he arrived here than writ Of habeas corpus
was issued, and Brown, insead Of beng held wit
ness was released enrely from custody laced for
the time beyond the reach OF the Philadelphia
United states Commissioner Osborn Wednesday heard
testimony the case wh will submitted to Judge
Blatcnford on his return 70 the city. 7.
The Philadelphia Ersning Buetin IL profoundly indg-
nant on the subject and pointsdly expresses its
sentiments:--
This whole matter demands instant and immediate at
tsntion from the State and national authorities.
PRESIDENT Johnsen possesses par,Icle OF that respect
much. he VIII instantly the order Of his ncom-
petent naval Secretary aud command obedience to this
writ issued IN behalf Of the boy Gormley Is the duty
OF Governor Geary demand investigation OF the
matter OF the issue OF that Of habeas corpus by
New York court and 10 demand satisfaction Tor the in
Grant 70 order Captain Brown back Pa fephia and
II he viii not do the President The conduct Of
the Judge OF the United Satesl District OF New
YORK must b investigated oy proper tribunal ant
IN explanation or the salts actory character given
o. ns In this gross fraud and outrage pom
Remarks Of the PhiIadeIphia County District
Attorney.
In this writ Of habeas corpus id testincandum
was issued for the purpose Of removing Brown. 1t
manding bin 70 produce Brown before United states
Commissioner In New York. When tho matter was laid
before me did not choose 70 suspect that the District
Attorney OF New York would forget that he gen.
tleman, and would lend himself any purpose a.
was Designed By the military officers around and about
him. would not believe thai judge OF the United
states District Court would lend an effort U
perver and destroy the action OF this court went 70
New York for the purpose OF Suggesting that there
question whether the writ could be legally issued. ~
this matter for the judge ming the jurisdiction
70 decide, return 10 the writ made in such form
to obey the law, Whatever it might be, was avowed
letter was SAINT nom New York to Mr Perkins w woIch
MI: samuel g. Courtney says:-"Ihs rs'urn you left
with United states District Attorney sousny mas bssa
been deemed sufficient An order has since been
entered and Captain Brown will have 70 DO produced -
testy. Al you have submitted yourself 70 the court
70 abide any order decree may make, have the
honor 70 notify you 70 send bring Captain Brown BE-
street, New York city, morrow, September a. iSos,
q tan O'Clock NJ" In response to thus An officer q
Of using him q WA ssssrted a. : witness, wit q
habeas corpus was obtained from staie Judge In New
Sos and ssy S,d bin By this .cSo The
The District Attorney Of the United States in New
York lent himself for the purposes Of these cfcsns
Of that the ofacisis Of New York have allowed
themselves 70 b used to and destroy tho sascs
from custody The nrs Brown makes Of his liberty
10 70 issue process IN whicn A. n Brown IL plaintiff
Lees and John Nurtls deputy superintendent Of is
PRISON. before some court IN New York. This Is dsas
Attorney has shown bis supreme ana perfect snonss
81 the nrse principles Of perotism end lev, b. lending
told me he acted under orders Undsr whose orders
does District Attorney act From every fellow WITH
the Law The institutions under which ,hsy vei iSsve
thought TO be my duly 10 make this public announce
vana to look up ,his matter with regard 70 sbs Va
o. habsa, corpus Issued from New York; ana
the sssOa where sia s no - Court
Of dignity should induce him TO have Brown rs-arsssd
and returned 70 our county prisoa upon mis- Own writ of
Grant TO order the wneIp Brown-I know fun well The
language I am usine-ths wheIp Brown back 10 Phiia.
eyes are now turned for moro purposes than one =
order the man back TO Phadelphis 10 submit to the
hold the place he does the duv Of the Presidents
Of the United States whose education and bent OF mIn1
The law. / make this public announcement A. sSss
may come to the notice OF these gentlemen.
shall not trouble myself to give them notice. have
bring myself to believe that there are walls strong
enough or bsyone.s sharp enough TO succssfs resist
down and destroy her honor and dignity upon her own
AZ the close Of Nj. Mann's remarks Judge Peiros
aid:-Mv Official position preoludss from saying
more han that while sit on this bench law Of the
ADMINISTERED faithfully, without favor Of power
or influence come from what quarter NAV; and have
viii sss that the law Of Psnnsylvan and the dscrsss
and orders Of her courts are respected and enforced
sn% ID! m s.s yssntns ne
officials in this district riRnt They had had nothing
90 with this matter as was done solely b. the suho
ties IN New York There Was no evidence to show tha1
General Meade knew anything lent himself 70 the
transfer Of Captain Brown In regard 70 the other cass
the Secretary Of tho Navy There is question %
rassd and possibly TO be discussed question IL
courts Of the United ssss 10 cases who're The person
mustered into the service of tue United states, aud
or United states courts Mr. valentine said he was not TO-
strucsd anything further and he could only hope
the question involved would Be discussed great
question.
Mr. Manu. In reply, said:--I think the Secretary OF
the Navy has descended to the level VI the backguard
when he issued the order 70 force instead Of
submitting 70 the law There Is ample remedy 1t law
and II the law n wrong, grave and change
10: but while Is law u Is the duty Of all obey Il:
and when the Secretary Of the Navy Con.
modors OF the Navy Yard 70 test law By force he
sorts 70 the law OF the tyran the Of the rufan.
The Law Of the highwaynan aud the Law OF The black
guard
This ended the proceedings In court bat Il under.
stood thai Judge Peirce will make proper official
TO the President OF the United
The Governor of the STATE IN order 70 enable Thorn cot
In ~ malta.