Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-08-19
ANExpIRING sTRUG GLE FOR CON-
gTITUrIONALG GOVERNMENT.


ANExPIRING sTRUG GLE FOR CON-
srITUrIONAL GOVERNMENT.
A conflict is now being carried on IN
New York between the State authorities
and the military despotism at Washing
ton City. The result is auxiously watched
for from all parts of the country as being
a last and feeble contest for constItu-
tional government in this country.
Major John II. Pratt was arrested on the
9Th instant, in New York City, by de-
teotiye from General Reynolds head
Quarters, for alleged completely in
the J.HerJon, Texas, riots, which sf'
fair occurred several months ago. he
was committed to Jail in New York
by the United States Marshal, and while
there a writ of habsas corpus was issued
by Judge McCuun, of the State Court,
directing that the prisoner be brought be-
fore him. The demand was at first
refused, bit afterwards was complied
nth. and after the case had been heard
by Jodee MeC1uu, the United States
Marshal requested that the prisoner be
delivered to hin, which was done; but
fearing the decision would release Pratt,
the military authorities sent to the Jail
an armed body Of men. and had him taken
out and conveyed to Fort Schuyler,
where be is now confined. At the meet
lug of the court next day, Judge McCunn
delivered decision releasing the prison
er. on the ground: First-Thst murder is
no. United States ofense, except it be
committed 90 the high seas or within any
fort, arsenal, dock yard, magazine, or in
any other place or district of country
where the United States has sole
aud exclusive Jurisdiction. Second
That the prisoner had not been
coma itted by United States Court
This decision had no effect on the United
States Marshal, who had been in COM
munication with the War Department,
whose Secretary had directed the mill
tsry to hold on to Pratt, Notwithstanding
the release by the State judiciary. The
Marshal is backed up by the marines
and company Of Federal soldiers, who
are very vigiIaut ID guarding the prisoner,
as well as the officer himself who is sub
feet 10 arrest for refusing to obey the
order of the Court. While the bnited
States authorities were making prepare
tons to sustain the Marshal, Judge
MeCunn was said to be supported, on
the part of the State, with regiment Of
militia. A New York paper gives the
following statement Of the position of
affairs on Saturday:
Marshal Barlow having reported the
intended movement Of Judge McCunn to
President Grant, received in reply q short
but decisive note, in the handwriting Of
the President, directing him to call on
General Mcdowell for sufficient mill
tsry force to resist any attempt on the
psrt of the State authorities to release
Pratt, and to maintain the authority Of
the United States. The letter further
directs the Marshal not to release Pratt,
except on the order of q judge having
authority over the case, thus discounte-
nsncing the authority Of Judge McCunn.
The Marshal, in obedience TO this order,
called on the Commander Of the Depart
ment for fifty men, properly armed and
differed The troops reached the Mar
sbAps Office Saturday morning and were
quartered there. 1t ia known that war
rant has been granted for the arrest Of
Marshal Barlow, bnt Judge McCunn ex-
pressed his determination TO suspend all
proceedings until Monday to await de-
velopments. Meanwhile Pratt remains
in Fort Schuyler, and will not be brought
before the Commissioner until Monday
noon. Marshal Barlow refused to obey
the writ commanding the release Of Pratt
on the ground that Judge McCunn's
court had no Jurisdiction. he claimed
be was sustained by decision Of the
United States Supreme Court, delivered
by Chief Justice fancy, in fugitive
slave case. Marshal Barlow fearing an
arrest for contempt Of court, was escorted
tn his home on Saturday by body OF
United States troops, who, it is under.
stood, maintain a guard about his resi-
dence on Staten Island. "
All that the friends of Mtjor Pratt de-
sire is that be shall have a trial by the
civil courts of the country, and not By q
drumhesd court martial in Texas, tbs
members Of which will be selected fol
their fitness to convict. Judge McCunr
has acted with much frmness and credi
to himself as an officer of the law. HI
signed n writ, and ordered the arrest o
Major Taylor, in command Of For
Schuyler, for having acted contrary Il
the wishes Of the civil law tribunals il
holding Major Pratt a prisoner. Bu
Grant HIMSELF is much interested in th'
case, and swesrs by ali that is in HEAVIER
and on earth that Pratt shall go back t.
Texas. This iss sad commentary on th'
boosted Republican Government Th'