The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-02
MASSACHUSET rs.

Important Observation-Disclosures Delegates En-
tailed 60 the same Immunity FROM Arrest as
1iembcr~ OF Congrcs--Bold Robbery.
BOSTON, Dec. l. 1865.
Before the Supreme Judicial Court, at East Cam
bridge, yesterday. Judge Foster presiding, petition
for a writ OF habcas corpus presented from Al
win Flanders OF Washington Territory, desiring
that he might he discharged from the custody OF
Deputy sheriff Chamberlain, OF Charlestown. His
arrest by that ofcer writ In favor or Jas b.
Roberts, OF san Francisco. involving the OF 0oo
The petitioner urges his CLAIM 20 exemption from
arrcst on the fact that he Ii delegate from wash
ngon Territory the Congress OF the United states,
ana therefore privileged In this respect The petit
toner testified thar he was q delegate ~ above
stated; that after the late adjournment OF Congress-
about October !. he went to Omaha, from which
place ne was en- route TO Washington to attend the
session OF Congress appointed for November TO- but
was arrested at Charlestown Novem Der q His stay
IN Charieslown had been necessarily prolonged on
account OF the sickness OF his wife, who Ii native
Of Massachusetts,. and temporarily residing at
ghariestown. As the reason for not returning home
amer the adjournment OF Congress he stated that
the distance was too great to be travelled IN the in
sftsr argument hy the counsel on both sides Judge
Foster stated briefly his determination OF the
Ne was well satisfied That the defendant could not
claim 10 be- sheltered nv the provisions Of the constitu
ton respecting the privilege OF members OF Congress,
since ri Ne adoption there Territories organ
Hed a. such and consequently no occasion for re-
presentation by delegates In Congress. The const
tuition provided only for representatives from
states: but there q large class OF incl
dental powers aud privileges belonging 10 all
legislative bodies recognized by the common
Law and by the usages Of Parliament and
81 Congress which must. therefore, be held valid bv
the judicial authority, though not specified In precise
terms IN the constitution The power 10 punish for
contempt AMI The power 10 cxpei members were
~ this description. The privilege Of exempt on
from arrest ON q civil process was 10 Ger
tain extent fndspensably necessary 70 the
existence 81 Congress A. a legislative body. There
could be no d0uh, that the presence and coopera.
ton cf the Territorial delegates was necessary 10 the
proper performance of Tue work Of legislation by
Congress. Sncn delegate could not be liable 10 ar
rest on q civil process at washington during the
session aud n ne were not the same privilege must
protect the delegate VA going TO ana returning from
the Territory which ne was elected ~ represent
There could be doubt that nece ssary detention,
caused BY the sickness 81 the delegate himself or u
member " his family IN the present case-wa-
also within the terms ~ the privilege " was im-
possible for the petitioner To- return 70 MS nome
within The interval between the adjournment and
the Tcss~embilx Of Congress, aud, therefore, he
was 20 b- regarded ~ awaiting ~ convenient
place for the renewal Of the session. The petitioner
vas therefore entitled 20 nis discharge, which was
ordered.
rhls afternoon q clerk 81 v. skinner co drew a
check f0f $1,000 from fhe hank Of Commerce, and
while passing Gown the stairs from the banking
loom man threw black pepper In his eyes and
made grab al the money, managing 10 seize 81 400,
wuh Which he escaped