The sun., 1873-04-05
CALIFORNIA; Compliments to Robe.ou


The proceedings in the United States
Circuit Court Yesterday make even clearer than
before the unwarrantahle nature of the arrest
of bogaTt. Tho only a. thor1ty produced for the
detention Of Bogart was the following despatch
from the Secretary of ne NAVY. accompane ed
hy despatch OF the same, ordering a court mar
tiai, and making charges against bugart:
wAsuISGroN, March 90 is59.
~ i%d d az aat raal az '''' ''''"'i'i'"' nary
es sSse R0sar Il srTe'sd for or trial by mar
,oo He ha. been flgtlye from j. Tor the last
5EaTs hS y rcf Ecfd ana court martial ordered
GEoEGr NJ. RoBrsoN, Secretary Of the Navy.
II will be noted that the date Of this despatch
Is the I'd, while Bogarl was kidnapped about
O'Clock On the 10Th This is not he despatch
orderlnf the arrest, but evidently an answer To a
despatch from Admiral Seltridge TO the Secre-
tary, tel Ing hlm that writ of haheas corpus
had been served upon him. Why the despatch
ordering the arrest In the first place is not pro-
duced We can only infer. IL may contain Ian
cuage which these naval autocrats do not wish
exposed, but IL Is certain, both from the previous
statements " Admiral Selfrdge and from these
subsequent dcspatches thar " wis no legal war
ran, aud contained no explanation of the reason
Tor the arrest.
Now, the real quest ton in this case, which we
want To sec decided, is not whether iorart ever
emhcIIlCd any money, or whether there is any
lt sdl right to now hold him and try him on that
charge, but whether AN Admiral in the navy can
come down here and drag on in the middle Of
the night, without legal warrant, any man that
the Secretary of the Navy tclcgraph- him to cap
@ AZ W @ ,ias 'l,'' 20 u ls, tuon lne otCit-
Francisco at any time he tses.
ffcHI Hs Grd,s Tnsg rlton.
Secretary Robeson has tclegraNhcd to the
Mare Island cummanddnt TO Mold li CART AT all
hdLat us, winch mCaue, wc suppose, tuHt in this
case the secretary has sc pendcd the operation
Of the Hrit Ut hahcls corpus. " hatVVer may bc
the reasons Tor tuC arrest, the manner IA which
II VS. ccomtllshed IS an unnecessary encroach-
ment on the rights OF a citizen, II Is "A ntst,
though a small step toward the exercise OF dos
Iutc power There Is no war going on now,
ana therefore the law should not bo -ilenced hy
vuiuluand Of an army or naval onccr
ft0u he NDV,riAe IppeIL
The rrrest ~ Boeart, one u the attaches ~
thc 'hroutgtc, or al least the manner Of H. seems
tn nave been a higu-handed u'taagc, Tor which
there could have boon no ACusc. Taken at a
late hour II the night. without "A warrant, CON
Ccdled in a room, and thence shanehaicd on To
Mare l-lund, without oppuTunitN To Cummun-
Catr with his frCiuls or na.,e demand for his
legal right,, IL ts unt Of the most outrageous
abuses Of power that has hccu cInsummatcd
fur many Ncu-. Present APP lcaiLutrs seem to
Indicate that the arrest Was made at the in
stance OF Secretary ltubvruu, who directed the
manner in which IL should be accomplished.
the wit of hRncas corpus has not been sus-
pended, nor ~ the civil Yet Subordinate To tho
military power, ss Mr. kuhcsuu viii vet learn,
and the present case Will probably teach him
the fact