Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-09-02
EVENING SION.
TUESDAY, AUS. q

Judge Brooks took the chair at three
and half o'clock.
hIr. McCorEic, Tor the respondent, Kirk,
stated that counsel was prepared 10 make
returns for those prisoners. now held IN
close custody there were some who were
nOw.son sparOle those T0turl8 would be
made On to-mcrrow morning.
The first case called was that OF John
TrollenGer,, charged, III connection with
other citizens, with c0lluding to burn q
school house, and with burning said house.
Mr. OlGs, counsel for the respondent
Kirk said, they made these returns not
with the wish or design OF going into all
examination before this Court, for the
reason that lie was Of the opinion that this
Court had no Jurisdiction of alleged ofIeC-
ces against the State of North Carolina !;
that this Court had no power to bind
whatever might be the facts shown this
petitioner to answer before State Court,
that any bond or reccgnlzance taken by
this Court to that end would be void, and
in this he was sustained by the Judiciary
of lie .State and that he did not then feel
called upon to state what course would
be subsequently pursued in reference to
this petitioner and others now before this
Court
Gov. Graham, in reply, said that this
! seemed to lie an lntlmation that when
these parties are discharged by this Court
that they would be re-arrested. The law
said that when q party was once lawfully
| discharged, he is not liable to be re
! arrested for the same offence. He sup
| posed that the counsel for the respondent
| intended to intimate that discharge by
| this Court would not so effectually protect
the petitioner as discharge by the State
| Court, and contended that a discharge
ordered by this Court would be as effectual
in all respects as it granted by the Slate
Court.
His Honor, Judge Brooks, then said that
he had no doubt in regard to the jurisdic-
| tion of this Court. This question had
been examined fully upon the application
| of chose who first applied for writs and
| before process was issued, referring to the
| 1st section of the 14th amendment Of the
| Constitution of the United States, which
distinctly declares who are citizens of the
United States, which clearly embraces all
such as the petitioners whose cases are
now under consideration and this section
| further declares that 10 State shal! pass or
enforce any Jaw to deprive 0Hy person OF
life, liberty or property without due process
Of lao.
Then His Honor caused to be read the
act of the 5th Feb, 1867, and said, he re-
garded that act as materially extending the
| jurisdiction of this Court in Habe0S corpus
proceedings, that there was no case in
! WHICH b Cll1AGA CuAIB6O N1tA Il C1lIIlC -!
any character, whether against the United
States or State Of which this Court had
not jurisdiction upon petition Of the party
restrained of his liberty, if such petitioner
shall alIege that which is recognized by
the law to be alleged in his petition. 1t Is
not pretended that this Court has jurisd1c
tion 10 try and to punish for any offence
against the State OF North Carolina, but
| it is alike within the power rs it Is clearly
In Il 4I,n oH
red to, TO hear and to determine upon any
legal evidence offered, whether the ped
toner shall be committed or held to bal
to secure his appearance before State tri
bunal to answer to the charge. It woulC
be strange indeed if it were not so, fol
the act referred to expressly provides, upor
the production OF petitioner that the
l Court shall examine the evidence, and this
requirement. would be of no force without
the power Of securing the party's appear
ance before any tribunal having Jurlsdlc
ton OF the otfenso charged.
Gov Graham moved that the prisoner
be discharged, as no evidence was pro
duced against him; the order for his dis
charge was made.
L. III. Totten and John G. Lee, charged
I with the murder OF John ". Stephens.
were called; no evidence; were discharged
+ John NJ. Bradshaw, VIM. ". Whitsett
called, charged with conspiracy agains
the government of the State; DO evidence
were discharged.
w. g. Graves was called. The return
said Graves was arrested By mistake; wa
tdischarged. -
1 The following parties boing on parole j
was agreed Ey counsel to release them, ant
make their returns on tomorrow morning
viz: Messrs. John G. Albright John An
. | Il II Iaal
~. A. Patton, Josiah Thompson, Geo. II
johnson, Jas. It. Dixon, Calvin Gibson
Moses Shaw and VIM. Tate.
1 Mr.. Olds arose to retire, when H
1 Honor remarked that he desired to cal
his attention to- remark Of his made ii
his argument, that he had said sonnethin.
of a course subsequently to be pur-
4 sued tower7s the petitioners by th'
State authorities His Honor desir
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