The Republican journal., 1870-03-31
ANOTHER TRIUMPH OF THE CONSTlTU
TON.

As tast as the rash and illegal acts h\
which Congress sought to sustain ITS usul-
pations are brought to the test of calm in
vcstigation before the highest legal tribunal
of the country, they are set aside, ~ in viola
ton of the great charter Of the rights Of the
and parnizan Incentives, hts held the scale
evenly and tried impartialy the issues. The
most recent case of the kind is the overthrow
of the act to screen the officials of the United
States from punishment for Illegal arrests,
imprisonment and other ourages, which has
now gone among the dead rubbish of the
past. The ease on which this dicision has
been made is thus reported
The Justices Of the Supreme Court Of the Third
Judicial District of New York vs.. The United
States rel. Murray n Buckley The questions
presented for decision in this We're whether
the act of Congress providing for the removal of
cause fora new trial in the federal court. after indg-
ment by state court is constitulonal and second.
whether the provision of the constitution which de
clares that no fact tried by jury shall be otherwise
re-nNamined in any court of the United States than
according TO the rules of the common law. applies
to facts tried by a jury in state court. Mr.. JUS
tee Nelson delivered the opinion of the Court hold
ing substantially that the clause Of the act of 1868
which provides for the removal of causes after
judgment from the state to the federal court was
not in pursuance of the constitution and was there
fore void. The conclusions arriye, ut i'll respect
to the second question stated above amount to m
answer i'll the affirmative. The cause is remanded
with directions to dismiss the writ of error to the
state court and all proceedings under it. This is
the false Imprisonment ease of patrlc W. Murray
and one of his deputy marshals and which, after
Judgment against the defendants, it was attempted
to to the Circuit Court of the United States
q
ed by writ of mlndanus, the judges of the state
court declining TO send up the record of Judgment.
The Albany Argus recites the facts in the
case Patrie sued Marshal Murray and his
deputy, Buckley, for an arbitrary arrest in
| ticaIion nj his farm in Cairo Greene County,
taking him to the city Of New York and con-
filming him several days in 4 loathsome cell.
At the trial of the case at the Greene County
Circuit, the plaintiff recovered Il verdict of
nine thousand dollars, both political parties
being represented on the jury. No exception
was taken ut the trial, and no attempt was
made to review the case in any of the orli-
many forms of law.
But after the Judgment was perfected, the
defendant attempted to remove the ease, by
writ of error, from the State Court into the
Circuit Court of the United States, under u
provision of the act of Congress of March
Sd, 1868, which provided not only for re-
moval of the judgment, but for Il new trial,
as q matter of course, in the United States
Court The removal of the ease was oppos-
ed on the ground that it was Il violation of
the Seventh Amendment of the Constitution
of the United States which declares that
'No fact tried by jury shall be otherwise re-
examined in any Court of the United States,
than according to the rules Of the common
law" 1t was claimed by the counsel for
Patre that Congress had no power to grant
u new trial. and that u verdict could only be
set aside and Il new trial granted by the
courts for some error committed on the first
trial.
No return being made to the writ Of error,
the counsel for Murray moved at the Special
Term of the Supreme Court of the State for
an order compelling return, but after full
discussion and Il very learned and able opin
ion by Mr.. Justice Miller, the motion was
denied and the order denying the motion was
afterwards affirmed, on appeal ut the Gener-
al Term.
The counsel for Murray then applied to the
United States Circuit Court for the Southern
District of New York fora mandamas direct
ed to the Justices Of the Supreme Court Of
the Third Judicial District Of New York,
compelling them to make return to the writ
of error. An alternative mandamus was is
sued to which an answer was made, setting
forth all the facts and q history of the case
To that return Murray demurred, and thus
the legal questions We're brought directly be-
fore the United States Circuit Court That