The New York herald., 1871-01-22

minor, then this u Q usurpatt0n OF authority and
this case Judge MoCunn never had M
+o ,..,. -. raa = FIRST SHOW OF AUTHORITY ,,,..
20 ssse ms process because the petitioner informed
dcton, and within the Jurisdiction OF the federal
authorities only. Nothing was presented TO that
BY minors Is fatal to the rights OF FEDERAL govern
ment to retain such enlisted soldier In custody
Judge took usurp the Sofp Of the United
states was an invasion Of the authorities and power
OF tne United States as though In tine Language Of
Cnel Justice fancy, the court OF the state Of Wis
hoped Sst his Honor sHs Souia sa 50
the public mind and the State tribunals would be SO
satisfied as to relieve the United States authorities
In future-to show that any jurisdiction is usurped
wnicn would attempt to interpose with the military
a9tnorIes IN me case o. men enlisted IN the army
attempt made In that direction is purely usurpa-
tion OF authority and jurisdiction. maintain, con-
by Judge McCunn was cOran non j,adice wholly
without Jurisdiction and entirely and absolutely
void. And hence II follows that this attempt
TO ATTACH GENERAL NELL
and bring him before the State tribunal to arrest
him a. his POSI- Of which he was the time the com.
the duties imposed upon him by his rank and position
was entirely without the sanction OF legal authority
the law and his duty as an exponent OF It, Mistaken
In the idea that the body Of the person must be pro-
turn to the writ till You produce the bodyH declining
20 pass upon the oath made before him. Is it possf
pie, your Honor that the courts Of Justice shall pc
0bstructed by this afterthOught by this attempt to
raise the question whether the return should or
should not be sworn to, or upon some other equally
bunal, according to the testimony OF all the wit
nesses, refused 70 receive any return except the
sheshan. Of course. raised the question upon
which the n. Judge stated that he would d. not not
S song U
ous than this assumption and usurpation Of urisdic
ton In matters purely military and confined solely
Tor all. clearv and Enthusiastically demonstrated to
the State tribunals and to the people at large that
States Army are specially within the jurisdiction Of
the government that organizes and controls them
Andto surrender that Jurisdiction would be sub
stance to surrender the military power Of the gov
ernment OF the United States into the hands OF the
State Judges, wherever they might be- If
JUDGE M'CUNN CAN DISCHARGE ONE SOLDIER,
under any pretext whatever-right or wrong, In his
judicial character-without responsibility OF any
XII knd dor tne ac Why cannot ne discharge soldiers
Judge or number Of State Judges are clothed with
the power to take from the federal government
tna aene can protect the country by the or
an army, and that can alone organize and maln-
tain an army-then the Judges OF state and local
courts would have the power to discharge every sol.
dier rapidly as the federal government, with all
Its power, could enlist them. This Is
THE IPSE DIxTT OF JUDGE M'CUNN,
who interposes his absolute judicial will against the
laws specially providing for the good Rovernment
and control Of the army Of the United States, and
Mr.. vANDERPoEL,
associate counsel for Casey, the recruit. closed
the case with few remarks in reply to Dis
lrct Attorney DAVIS when the Court called for the
military counsel proposed TO submit some points in
writing to the Court on Monday next, II not too
Judge Blatchford-NOt at all. VIII be glad TO
receive points from counsel on either side.
THE DETENTION OF GENERAL NELL.
VlnderDOol a
make an order with respect to the CUSTODY OF GEN.
eral Neill. Sheriff Brennan would gladly surrender
Court.
Judge Blatchford-The Court issuing the order for
custody Of the party but the Sheriff did not de-
sire TO assert his right he would order the General
into the custody OF the clerk OF the court to 60
upon his own recOgniZance.
ADJOURNMENT.
Judge Blatchford said he would render his opinion
IN the case on Saturday next
General Nelll. who sat. apparently the most calm
and unexcited person In the court room, then re.
authority or the "Mountan 10 Labor which Judge
McCunn has endeavored to startle the community
with.
Another Question Of Jurisdiction--The Right
OF the Government to Acquire Title by For
feiture to Land In the state.
Some time since, upon information Red by
District Attorney Tracy, the United STATES seized
certain premises belonging to Catharine Lahiton,
corner OF Inlay ana BOVINE StreeCS, Br0Oklyn, pur.
suant section fortyfour Of the act OF July 90 1865
which provides that In case an Illicit dstillery be
found any lands, the distillery and all the rights
ana interests In the land OF any owner who cogniz-
ant OF the facts, falls to report the same to the
United States Assessor, should, upon condemnation,
be forfeited to the United States
THE CASE.
Catharine Lahiton Is the owner In fee, ana 1t is
sought by these proceedings, held before Judge
Benedct. OF the Eastern district to forfeit her right
title and interest In said lands to the United States
istence OF the Illicit still and falling to report the
same to the Assessor In the latter part Of 1859 the
case was tried before Judge Benedict and Jury and
q verdict rendered for the government, subject to
the opinion OF the Court.
THE JURISDICTION OF THE COURT CONTESTED
1t was at the time suggested by the counsel for
Claimant that as the proceedings gave rise to grave
constitutional questions affecting the rights and
jurisdiction OF the State OF New York. an OppOr-
tunity should be given to the Attorney General OF
representing the interests OF the State. This was
assented to by the United States District Attorney
The Attorney General, having taken the matter
into consideration, appointed counsel in the person
81 Mr.. Oliver I. Buell. to appear in his behalf and
interpose claim and answer on behalf OF the State,
and to urge upon the Court the alleged unconstl.
tutonaity OF the law upon which these proceedings
are based. 40
Judge Benedict thereupon directed rule opening
the proceedings so as to allow the people Of the
the lands proceeded against The case viii now
come up on motion for judgment on the verdict OF
the jury when the constitutonality or the law VIII
be argued. No day has, however, yet been fixed for
the hearing OF the case, which is Of special in
teres touching the relative rights and sovereign
ties OF the federal and State governments.
psUaU rrrrY xCy-Cr