The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-06
THE PATTERSON CASE.
Judge Humphreys Decision on the
Writ Of Habeas Corpus.
THE SENATOR DISCHARGED
An Exhaustive Consideration Of
Matters in General.
HISTORY, RELIGION AND THE BULWARKS.

WASHINGTON, Dec s, 1871
Judge Humphreys, Of the Supreme Court OF tho Dis
trcs Of Columbia delivered his decision to-day tho
OF Senator Patterson, brought before him on
writ OF habeas corpua Tho decision IL Of the
most remarkable that over issued from the judicial
bench not much from the conclusion reached
the theories upon which such conclusion ID based
Ignoring tho legal questions involved the Judge
sders the matter purely from It's political aspects
that the rclator Is the victim OF persecution
from his political opponents ana for this dis
charges him. The following is . comprehensive sum-
mary OF tho decision -
In matter OF John Patterson relalor In habeas
corpus to DO released from warrant OF arrest tho
rcqusition Of the Governor OF South Carolina before
David O. humphreys ustfce OF the Supreme Court
OF the District Of Columbia
GESrLEMEN :-Regsrd and respect for the country
the parties and the distinguished counsel IN this
demand that reasons shall be stated for tho judg-
ment given. ! may DO wrong. simply shlnk
ent occasion 10 acknowledge the fun force
OF the doctrine Of the ascendancy OF State
Of Tho 1onored state Of South Carona makes
rcquiston for an alleged fugitive from JUSTICE Tho
person alleged 20 DO fugitive Is one OF tho accredited
repr0se ntatves OF the state IN the Senate OF the
We cannot obliterate from the records of our coun-
try the memorable contests about sovereignty OF
the States OF this Union. The carly history exhibits
the jeaiousies both political and judicial OF the State
Bench, at the Bar before tho people, the Senate
and House Of Representatives, both Of tho Congress
States IN tho conventions Of the States IN the mighty
throes OF armed confct-a attest tho gravity Of the
questions. Still we have written constitution 10
appeal to and take guide. Blackstone
applied TO his own country the dying wish
OF tho vcntan Tor his 'esto pe1etua" We have this
leu Bs thou senate q tho
United States shall DC composed Of two Senators from
each State, by the Legislature thereof for six
years." sec 3, art. /. leach house shall BIO me
Judge OF the elections, returns and qualifications Of
Of the same section and article reo,tes each house
may determine the rules OF It's proceedings punish It's
members for dsorderly behavior and with the
currence Of two-thirds oxpcl member" There ~ no
security IN departing from the chart Why have the
English people built up what wo term permanent
conservatisms Of human nature have accom- shed
tho result II this be true lhcrc, pause nto while
empire and our Republic. OF this any court must take
notice. because II part OF tho record which cannot
be expunsed Judge Is presumed to deliberate
that Senators and Rcpresen tatvcs shai In all cases.
except treason felony and breach OF the peace, be
privileged from arrest during their attendance at the
sessions OF their respective houses, and In going TO
and coming from the same"
Clause 2, section 2 article OF the constitution Is in
these words
A person charged In treason. felony or
other crime who shall Ace from justice and be found
the from hc no be delivered ny to be removed
Section S43, Revised Statutes OF the United States
District OF Columbia provides that
In all where the laws Of the Unhed States provide
Chief Of the supreme Cour. shall -.
s sad Ss uD n. 9
under the regulations ~ the executive authority Of
Ext,adition and 81 executive and Judicial officers are
for that purpose and aid and assist in such delivery.
Here the net refers to the act OF 1893 Clause 10,
section s. article Of the constitution gives TO Con-
gress tho power "ro exercise exclusive legislation
ali whatsoever over this District OF course
this legislation must be IN accordance with the
provisions OF the constitution, IL must lost
sight OF that the original constitution with
ments contains checks and baanccx Amid the wild
passions still there is a harbor Of security. The
passions oil men fierce and turbulent tho
storms upon ocean or land. Lighthouses are erected
when all Is calm 70 guide the seafarng when tho
danger comes. The written constitution Ia our light
house. Whatsoever may be the departures We must
turn the starting point
In this case where Is tho grand centro around which
the other provisions Of tho grand compact cusierY
The State alone and only accredt member tho
Senate House Of Represonlatlv es. When the State
seal Is attached to o commission can tho caprice OF
party feeling alter that authority Let as pause In
these revolutionary times ana appeal some leading
principle
Now 90 back to clause section ., article l. We find
sThe privilege OF tho writ oil habeas corpus shall
be suspended when In OF rebellion
desires this. Tho state OF south Carolina. through its
counsel accredited and agents. has
risen TO tho dignity OF the occasion. DID tho State
heretofore prior TO this regulation commission
ana accredt under the seal OF the State
the petitioner TO- be les member and
OF tho United Statess The papers show that
he IL member OF the Senate. Acknowledge
ing iull State sovereignty this point, tho
com IN ission antedates the roqusition. Tho petit
toner was sent to Washington. Can he DO said
be fugitive from justiceS Could the Legislature OF
the revoke the commissioner Ii may instruct TO
vote certain direction. That instruction may or
may not be obeyed. What Is the rcmodyy We have
many instances IN tho history OF our short
on, vi senators who did not obey the injunctvns
OF even the power which sent them represent the
sovereignty OF tho state. Can We judiciaiy ignore
ana blot out ana cxpungo tho historical rem-
niscences Of our brici history Il. united
people, NOT o. al as sna, occurs 10 my mind.
Ict is by law constituted tho executive authority
the nature OF cxtraditon. This Is entirely consti.
tutonal and binding Why were fifteen amendments
made to tho original wriung9 70 cheek and control
tho angry passionsY Is one provision Inconsistent
with anothcrf The act oil 1883, February L. section
l. contains requirement. that ''the copy OF indict
mont found" or an affidavit shall be produced. II
either - Designed 20 be State paper, the
piled win. Suppose paper purporting TO
DO an indictment presented TO a judge on habeas
corpus with some Initials indicating just enough TO put
you inquiry Of what they meant An Indictment
must DO perfect IN itsoli and II there is indictment
tho law Of extradtion Is not conn piled with. What
would the Declaration OF independence have pos
sessed with Rbbrcviati0nsi How would II have ap.
pcafod before the world signed J. Hancock, j. Bart
Iett Adams, T. Rd;lcdge aud OF the other hytwo
sgnersY And yet " was an Indictment in solemn iorm
II tho return 10 the writ shows record Of OF
from their jurisdiction unless there right aud
protection behind a paper writing purportlng to DO
record ynat Is not attended with the forms recog-
nized In the law Is record, act judicial procood
Ing such required 10 be gwen faith and credit To.
The learned Judge procesded TO a consideration of
tho political trials In England and France and 10 tho
buiwarks thrown around tho citizen by tho consttu
ton aud continued
Senator or Representative is a. much entitled 10
the writ rs the huinblest cottager In tho land.
AcuRioUs PARALLEL.
Would II be unJudiciaI In 10 say In this conncc-
toni
Daughters of Jerusalem weep for mo, weep for
yourselves and for your children.
Would be unjudcia In INC 10 call attention to the
second announcomcnt:-
When he set down the judgment seat his WHO
him. saving, Have thou nothing that
just Tor have suffered many things this q
because Of him.
II 1t would be outside cold judicial opinion TO ap.
peal to tnose high ideas, why that article OF tho
the subject OF religion introduced AS
solemn fundamental provision OF our original awS
That no sect or denomination should have tho right