New-York tribune., 1867-02-18
CIVIL COURTS.
SUPREME COURT-CHAMBERs--FEB 49, Before Justice
IEONARD. -
Is VIRGINIA A STATE or TERRITORY ARGUMENT OF

which has been for days before Judge Leon
The defendant arrested in tins city on charge
OF running away with the steamer washington lrynE
from Norfolk yrgni@ 9ief her alta aahcne ~ G on
the Governor Of this State and order was Issued re-
mandug the prisoner 10 Norfolk. In the meantime at
the instance o The prisoners c0un5e VIII vi naa' M
corpus ssued by Judge Leonard The District ~
e% Gee %I Dean. acted as counsel for Capt Oney.
Judge Dean said: This is case n the Court please,
which the ncmbes Of the present Congress are In doubt
1t is in reference to the right of Governor
by the President of the United States, TO
send here requston and then that the Governor OF
warrant to take citizen away from this state, ana
transfer him 10 virginia or any place not recognized D1
present It before Court that VIII consider ~
decide IT, and write an opinion insist that anefe u
refuses TO acknowledge the existence OF states nsist
the opinion OF the Judge who presldes are DOunu 10 aDo
Cant Oney was at Norfolk Va and he chose to follow
his own in bringing his ship from there to New
York lie did Somebody followed his vessel, over
hauled her and placed marines on board and
thew remained there He concluded that he would
bring them here instead OF taking them 10
wbat I have already mentioned that No rescued
this vessel these That II the whole or Ihere
unless n Is that possibly he violated law Of the
state Of Virginia That Ia the whole Of the accusation
lie was there where he knew II be were to be tried ne
would be tried by men whose feet crimsoned win
the blood of Union soldiers lie knew that the hands OF
@ 1ddG' 1n ya%ges wU we're CORY with the blood Of loyal
men. He knew his position and he chose instead Oh
remaining there, to take his yessel TO e NeM
! York lie il here. and without any notice
hearing, knowledge upon the part OF dne goHsf
mcnt OF this state somebody goes ana prOcures rlns
On aud he Is ordered to be sent to virginia and trcd 10y
these very men desire that somebody shall appear ana
saw why loyal citizen Of the state Of New York SHAH be
sent for trial to Virginia under these CIRCUMSTANCE anu
particularly # Governor FenOn will be the man VINO VIII
send him II the Court peases, we have put IN traverse
We deny that there ~ any indcthrh III virginia aeun9t
him we deny the Governor of the state mas nac
| any such requsitiou. aud want the question tried
There il where stand today. II there be anybody
that ctlen NcwN ork shall be sent to Norfolk the very
Yard was burnedtO bc tried should like to near his
statement. and answer him IN return
sumcd from the fact that the Governor has issued his
warrant the rcquisiton Of the Governor OF virginia
that he not only hold, indictment against the party
but also that the President las the power to appoint
Governor Virginia, and also that virginia Is STATE
do not SEQ til, question affect the eNraditon OF
tins party one way the other. II smercly political
question The question will he for yOur honor We nave
further Interest except ~ laying ths Warrant OF ie
Governor before the Court which We contend Is supreme
Judge Dcan-Now. II your honor please, there are two
horns to This dilemma Luhrr me iItsldcn' has 'ne
power Ia appoint Governors for the Southern states or
he has not II he has the power then these men IN Con
Ucss who are every day talking about lhpeachm'n are
! wrong; or, II he has not the power thrn there Is no
honor has nothing suppose 10 DO but 10 follow thc ue
c-ons Of the L. :. Supreme Court. where during the
Rebellion this question haH brrn raised abn hhS
been argued At great length 10y the ablcs lawyers in the
| country. o. ,,-, ~,
the United states ~ length 10 show that The rca
lion Virginia 10 the Union is entirely question for
u three departments executive. the legislative, ana
the judicial and that the latter cannot determine lhis
constitutional. That Is it, prer0satlye. But here isa
| question which II entirely beyond that power.
He argued further thit the offcfe charged was not
crime known to thf laws uf New York ana askrdn II Dc
posb that IA, re IA any court In the state OF NcwI0r
ihat viii permit one ~ IL citizens to bc taken 10 Virginia,
or South Carolina, Alabama, or LOUISIANA ana DE put
| INTO tbr u,.-r..on ~ men who think that Yankee
should be- hanged without tHali Aud that. too, without
any authority nom amy state recognized by our Govern
! The Court How can know that Mr.. Olncy Is Yam
kro ~ nothng to me whether he be- or not IL Il an
| place 10 refer to IN making decision.
Judge Dean dd refer to that for any purpose oOn
ncotcd with the drcson but renewed h, argument th'
There charge Of crime recognize by the laws
the state of York and that therefore the rcquson
void and the Governor had no power whatever 10
issue n warrant on IL Nor II crime within the III
/ tent ~ the fumrr, of the Constitution.
The Court Does not taking vessel ont ~ the custody
of the officers amount 10 constructive Larceny sergeant
. .undoubedy official equal 10 constable. or dep
uty sheriff Probably he I,a city Official OF some KIND,
authorized 10 rXrritc proccs,.
The Court nn not so sure about that They have
here under he warrant Of GOV Fcaton' and 1t Is
Judge Dean We show that the process does not state
enough "a give The officer power this man or give
T6e court Doe. il moi state all that IL necessary To
give the Government jurisdiction under the act VI Con
Judge Dean There is no such net OF Congress
The Court ihsrr S general provision Tor the renal
ton Of fgit,cs FROM Justice and other servants from
Ind, Dean-In .u,nch ~ We have had a revolution
we dd away tha very act The question Is to be tried.
Wc drny utcrIy hat there X any powers any
such Governor ~ Pcrrrpont Of Virginia. aud want 10
try that question.
ihe Court ! cannot try that question.
Judge Drlu-Ihn s qucetion that your
Honor must regard q, decided by the action of
I tongrc-. We hay" now tuiyer@ed ths return
/ every particular. and the prosecution aio
hund thtrcfdrr 10 establish the fact that they have re-
c,i,cd fIom the Governor of Virginia ltlmSli0h' ana
tlat there is such Governor. which We deny entirely
rhc Court ihc 'lnlmc says "9lii,'rs l l1ipegunsg
specified shall have power 10 issue process oi rue aVr
huson Of person charged In any state or Territory OF
III. United state. Vim felony OF o,nrT rcl,"y crime
The Court Gail IL what you please. In eIthcr case the
Dhtrict Attorney looked aud examined the provisions
! nfthe statutes of virginia.
/ ir Bmutliad not bn, believed The oHehSe charged
/ WIS regarded crime I'm Nrgihia.
"hc Court do not ree That. either OF You have done
inrh toward puttng ~ pOsseS'iOit Of tho requisite
authorities upon which ought 10 render my Judgment
tits that words are used IN tls rrqnlsliion when
! AMOUNT anything that We know ns a crime
IN this STATE. Bnt 1t may be- crime IN me ,i siaie
| nu close ~ hand mere and had supposed
thm you would have examined them. ana presented me
win the result that could determine whether this Is
Judge beam have examined them and the language
used In that paper used IN the statutes of Virginia
/ Ths Conrt-I viii have to lay this until Monday
morning. aud take This paper aud LOOK at H. 1t Is not
very probable that the Governor would hsuc reqnsi
tion in where he was not authorized to do So But
this question Is brought before me to determine must
The prisoner remanded to the custody Of the Officer
10 be brought mp again Monday when 1t S UNDERSTOOD
/ judge Leonard Will render decision.
DECISIONS.
William IightIall agt. Abraham II. Covert ct al
! MOTION 1anrd. with $40 costs OF motion
owen &. owen IT AL agt George A. Hoyt-Motion
granted SO costs To defendant 20 abide tho Judgment
George W. White agt. Macmillan Morganthon ct Al
! Motion Tauted, with 30 costs.
| UNITED STATES COMMISSIONERS OFFICE-FEB. l6.
Before Judge Smalley.
| Al IurDE1ANT QUESTION TO NPORTEGS-FOEFEr-
UItE AND PENALTIES.
Gteg agt Draper
| The plaintiff imported some cases OF ribbons;
which were seized Tor fraudulent uDderyaluatiOn and
proceedings were commenced for their forfeiture 20
per penalty Is also inflicted IN such eases The I'M