The New York herald., 1870-02-17
ASSEMBLY.
ALBANY, Feb. Is, 1870.


REPORTS.
By Mr.. BAMLER-The Canal Appropriation bill.
BY Mr.. FREAR-Aboshing the present Court OF
Special Sessions In New York; also chartering the
Manhattan Market Company OF New York. BY Mr.
MosELY-Setting apart portion OF the Brooklyn
Park for the use Of the military. BY Mr.. CAMPBELL
Relative to non residents occupying market stands
In New York. BY Mr.. FREAR-Amendlng the act TO
increase the salaries Of interpreters New York
Police an District courts, and confirm the action
OF tue Common Council OF New York In relation
thereto.
THE ARREST OF MR.. RAY-JUDGE POTTER, THE
SHERIFF AND DISTRICT ATTORNEY or SARATOGA
COUNTY BEFORE THE HOUSE
inc SPEAkEK announced tine special order sum-
mOning 10 the bar oil the House Judge Potter, Dis
trlct Attorney French and Sheriff Benedict OF Sara
toga, to give reasons for the high breach OF priyi
leRe IN arresting as o witness Hon. H. Ray, member
OF the House. The Sergcant-at-Arms bringing those
gentlemen TO che bar the Speaker addressed them,
stating why they were brought there ana asked
what excuse they had to give.
Judge POTTER asked II he could be heard through
counsel The Speaker stated that under The clrculn
Judge POTTER then addressed the Speaker de-
claring that ne aid not acknowledge the power OF
stated or for the reasons given, but he haa Though
courtesy appeared there, notwithstanding ne denied
the authority OF the House IN the matter. He then
proceeded at some length In defence OF his action,
aud declared that he would repeat his action under
like circumstances He said 1t was not himself VINO
was brought here; 1t was the Supreme Court OF this
State which this House was about to act against.
lie claimed that the judicial department OF TINS
state had powers rs well rs The Legislature.
He asserted thar the House had right
to bring these two departments into conflict:
ana Whatever resolution the House might
pass 1t could degrade the court nor the repre-
sentative Of the court here. lie anayzed the law
oI privilege to show that the House mad no SUCH
privilege as was claimed for 1t. the law exempts
members from arrest under civll process. The MEN,
Der was not arrested under civil process. Tue pro-
issued from the oyer ana Tcrminer q criminal
court. He suggested that the resolutions reported
by the committee be Withdrawn, and be referred To
tho JUDICIARY Committee Tor REVIEW ana further
consideration or 10 the Attorney General OF tue
State Tor an opinion He suggested this the mat
ter involves very Important precedent--thIs
arraylng one department OF the government against
another. lie Insisted that he had administered
the law In this cuse in accordance with It's nterpre-
taton by the most eminent jurists, and he called
attention to the TACT taat this the first instance
In the whole history or American jurisprudence tnat
Q judge was arragned for mistaking the law. He
thOr1tes TO show that their claim OF privilege was
based ON cases In England, occurring over . century
w",cn Inn now enes the prvsaes ai memners .Ae -"
At the conclusion Of Judge P0tter'z address Mr..
FIELDS moved that Judge Potter in issuing tue
attachment for the arrest Of Mr.. Ray ID deserving
OF the censure OF the House. ana tnat he be repri
manded by the speaker. MIR. Fields then at some
length argued that the privileges OF the House had
been grossly violated by the action Of Judge Potter.
He insisted that the attachment was "a civil and
not criminal process. Mr. Fic,ds proceeded AT
ties that this was q civil process and that, the
Judge had admitted member was exempt from
arrest unUcr SUCH U pTOCcHS
Mr.. ALvORD offered the following amendment to
Mr.. Fields resOlutiOn:-
Resolved Th.. Hon. Pla.s Potter ms.aken the
arrest * Hon. Henry Ray, and did commit breach Oh OF ' as
pryssss Dong IL: House Ssi.sys .aai any
dignity q the House actaated him in the performances Of
that which he deemed his judicial duty.
Mr.. W. D. MURPHY moved as substitute that the
opinion OF the Attorney General rs to the meaning
or civil process be obtained before action IL taken
pOstp0nlng the subject Till March /.
LIN AAft rpf
be adopted. This matter was plain English, and ne
wanted no opinion from any man. He was able 10
decide this precedent to-day, mere ana now,
Mr.. WHiTE held that this process was clearly a
CRIMINAL 0ne Tne court from which II issued was q
criminal one, and, as sonsequen:e the process
wrong In sumInonIng the Judge here.
Mr.. LITTLgJoHN claimed that member OF this
House was exempt frcn arrest under any and ali
process except IN the where he himself ls
charged with crime. He proceeded at some length
10 illustrate and sustain hs position but sti be.ey
Ing the Judge had acted from the best motives, he
would vote Tor the resolution Of Mr.. Alvord.
Mr. Hustled, after sustaining Nj. Avords resolu-
tion, moved the previous question.
Mr.. MURPHY's resolution was rejected and Mr..
Alvord's was then adopted-9o to i5--as follows:--
Assws;n Asssp ra
Brsdfora s. B'pSn Bs5ns oanDGs .Dss ass cssy cs
Gy GHsa k%ps Ga'l.a r: P.s: Pss
FTss Fuller ass.op Green Hal. h.ssronss hshsw.y
johnson, Jons. kernsn Kahs'n L.more, tan.hAn Lae
Northup OatnaaD Oksse, Pane Parker Patrick, Payne,
Pasre runket RANSOM, Rymer RonAu SAnbcru, Sesirg,
Seward sbsushan seight snper SNOW Spear Steele,
TeH Tghe, Walker. West WinAns, Wood, Wright
and Young 30.
NAYs-Messrs. Bamler, Banker Cavanagh, Decker,
Dro Hansr Hcnnsssey Horton, Lawrence Moseiy, Nur
ply, W. ID. Murphy, Pierce, sturgess AID Whits-l5
Judge Potter was discharged from custody.
w. 3. French, District Attorney was then brought
TO the bar OF the House. Mr.. French proceeded to
give hts excuse for his action In the matter, taking
the position that this was Q criminal process.
Mr. FIELDS moved y similar resolution to the one
adopted in tho case OF Judge Potter and IL was
adopted. Mr.. French was discharged from custody.
Elisha b. Benedict Deputy Sheriff, was then ar
rai9ned, and had the Clerk read statement that
executed the attachment under the advice and
direction OF superior oficer. On motion Of Mr.
FIELDS, Mr.. benedict was discharged be havDg acted
merely IN ministerial capacity.
Adjourned.