The New York herald., 1867-10-03

thing 70 show that Brown was discharged II this Is
Judge Cardozo plan csAcersed beforehand, or At
least assented 10 by the kseeer with view Of having
Of me hoSor and u, Of sbs state q Penn
syivsnia should have an spportuaitv TO make bun
combs speech, and rare this tempest in . teapot
for all this biustsr, n sh,s display Of 6unoombe
quence in Phadsna court OF justice the part Of
matter was and is sov SefOr. sour Ronor % dispose
10 make . nna srder In the case which VIII
not only maintain the rights and dignity oi me me
rights tho hounr and dignity Of sister State are no.
invaded, Tampsed dtshonored. ANY legal mind
dozo captain Brown slill within the jurisdiction and
custody OF this court under the writ by which ne was
brought here and never was out Of IL Captain Brown
10 here to-day, hko good soldier who has shown ana
proved HE patriotism deeds the hed OF battle and
not BY loud mouthed preension be is here to-day ready
10 obey order OF Honor II such order re.
mand him to the profound and overawng presence OF
Districs Attorney Mann, OF Philadelphia But II your
Honor please might, in an oblivous moment, in an
instant Of excitement anger, think that was within
IN in tho wake Of tho learned fbeSan Of fhiI.d.Iphia
sister and charge them with Illegally lending
themselves to subvsrna the laws OF the United STATES
charge them with conniyance, and with lending them,
selves 70 similar purposes Bui cannot forget that
stand nere in court Of justice, that stand before
Judge who, If disposed to do so would not
permit me TO abuse the judicial action of Judge OF
sister state without Indignantly and properly rebuking
words in respect TO the matter Of the nabeas
corpus issued by Judge CaIdozo / think who
ever applied for tnat wri with knowledge OF the terms
OF tho writ oi habeas corpus AL testlhcandum
issued by your Honor, that he committed a very i'm
proper act and entirely devoid OF explanation And
II the party who took that writ knew, as he must
have known, thai Brown after giving testimony
here. TO be returned 10 the prison in Philadelphia. he
ctn aaa upon - sas car ana o ns -
pudate and denounce such action. And must now In
sst, your Honor nay, demapd-that this VIII OF yours
be obeyed no matter what tue consequences may be 10
Captain Brown. because / cannot submit in my
Official capacity TO bave = trick perpctrated
on the Court on myself by army OF
in view OF the circumstances Of the case; In view OF
the principles which should acuate and govern every
honorable man. and in order that those conrteses and
amenities which should prevail as between SISTER staes
and as between the several States and the general gov
ernmert, shall be observedI that this writ OF hs-
beas corpus issued by Honor be observed and
that Captain Brown bo sent back Philadelphia,
cheerfuy obey the order Of the Court Captain Brown
has his rights, and when he returns 10 Philadelphia II
the Judge Of the Court Of Quarterly Sessions has
wronguly committed him. the action Of that Judge can
be reversed by the United States Court and any wrong
committed on him can be remedied by that tribunal
This is all wish TO say to your Honor in tho matter
The Court--What became OF Captain Brown VINO was
charged with contempt?
Mr.. Gardner--He mas been in attendance here every
day, your Honor.
The Court-Is he here nowf
Mr.. Courtney-Your Honor, the moment ascertaned
dinary speech Of Mr. Mann, caused Captain Brown TO
come here and he has been here awaiting the action OF
the Court every day since
Mr. Gardner-Your Honor Captain Brown is here vol
unfairly He appeared TO give his testimony in the case
Of Hamilton Immediately after the execution Of the
writ Of habeas corpus issued by the Court Of Common
Pleas
Mr. Courtney-I would like to know who took out the
writ OF habeas corpus In the Common Pleas
Mr. Gardncr--Captain Brown did on the ground that
he was illegally restrained OF his liberty.
Mr.. Coartney-Who appeared for him in the matter
GasA n fpr
Mr. Courlney-Did you know iha. the writ Of habsas
corpus required his presence Philadelphia after he
had given his testimony herep
Mr. GarinerI knew all the circumstances Of the case
and explained them to Judge Cardozo His Honor asked
the ailsr who had Captain Brown charge, IL he had
the conmtta papers by virtue Of which he held Brown,
and he said he had The Court then
offered him the opportunity Of sending 10
refused an adjournment for that purpose The
State government has avowed the proceedings Of Cap
tain Brown by sending him here. and II was by the
The enuicd 10 the service OF Captain
Brown and Captain Brown was entitled to his freedom
In the matter solely the agent Of General Butterhed
who has charge Of the recruiting service Now It may
delpha was wrong IN the course adopted for the
mitment Of Captain Brown. II may have been entirely
wrong in committing him to prison; ., But s tina.
is whether or not the writ OF your Honor
directing this man 70 bs produced hero 70 testify.
and the custody Of the State authority
Philadelphia shall be obeyed not, or whether II
can evaded by the fact OF tho taking out writ
Of habeas corpus before the Court Of Common Pleas
and have him discharged under II. II Mr. Gardner
had informed OF bis intention 10 the matter, would
In view OF the circumstances 10 the Case IN view OF the
existing between the State Court Of Phil
adelpha and this COURT and above all, I'm view Of the
peculiar working OF your Honor's writ In this case,
would have refused 70 permit anything OF the kind
being done. wash my hands of all connection with
the matter. As said before, this court owes Il to
ne ~ ns nsa 81 ths v1 70
oDeyed and Captain Brown returned to Philadelphia,
there 70 take such proceedings may secure him his
release This not tho place. the tribunal for action
in this regard.
Judge Blatchford then reviewed the facts In the case
and said Captain Brown here under the writ issued
and subject his order and decided and ordered that
Captain Brown be placed In the custody Of a United
States Marshal OF tbs district to be by him conveyed
under safe and conduct TO and there
returned to the custody Of the prison authorities who
had him before In charge