National Republican., 1880-11-09
-
RIFE FOR Il DECISION.
lie Arguments noforo Judge Wylis in I'll
Perry Hnbca8 Corpus case.

lie Arguments Eoforo Judge Wylis in tho
Perry Hnbcag Corpus case.
Tho argument of the habeas corpus case of
Samuel l.. Perry in North Carolina TO answer
tho charge of forgery was finished before
Justice Wylic yesterday, Mr.. Merricls speak
ing on behalf of the state and Professor
Greene for tho relator. Justice Wyie re-
served his decision until o.day.
| Mr.. r. L. Merrick, who made an ablo argu.
ment, occupying quite two hours in the de.
| livery, Contended that tho whole case de-
| pended on the construction Of the constitution
aud the act of 1898, aud the question at issue
in tho court must not be colorcd by political
ideas and theories unnecessarily injected
into the case. He argued that Perry would havo
u fair trial, because tho county officers were
republicans and the general character of tho
state WAS peaceful. Professor Grccnor closed
the argument, speaking nearly two hours
lie made au exhaustive review Of tho history
of interstate cxtradition. Ono point alone, he
held, WAS settled by cighty.seven years ex-
pericncG, No state executive can be cOerced
into sending back Il fugitive from Justice.
He showed that tho decision in the case most
relied upon by tho opposite side Kentucky
VS.. Dennison, "a Howl did not apply here.
Tho intention of congress In not rcmedyi
tho law OF 1893 WAS plainly to leave such de-
cisious to the peculiar circumstances SUR
rounding each case, leaving, Of course, inter-
state comfy and reciprocity under the consti.
tuition 10 havo what weight they deserve.
He cited Prigg. vs. Com. Pa, 10 How, Justice
Storey, PIP. GlO, Gl7, Gls, G2O, as negative testi-
mony on this point, aud positive testimony
from Judge lancy in "a How, pp. 1878.
Discretion WAS left to executives on first de-
mand and to judges under habeas cor
pus, because pruCess was liable 10 abuse.
Second Kent, y, 32, note il, is authority for
leaving such questions pIorcrly to judicial
cogni2auco. Mr. Grocner quoted Hu, ,hOlities
at length rs to the distinction between minis
torial and judicial powers: Gaines VS., Ihomp-
son, Z Wall, p. 3i7 Kendall Va Stokes, 3
How, p. 81; Decatur vi. Padding, II Peters,
D. 5l3: Kendall VS. Stokes, II Peters, y. 524;
Phillips, n. &. y. 81, aud others. The oppo'
site side would not assert that a fugitive should
always be delivered up. Such doctrine
would not hold whore two states claim tho
fugitive; 10 Wall, p $40, and Haris, p. GA
tile this view.
lie cited Spear on cxtrdition as conclusive
authority aS 20 executive discretion (pp.
33l-4Ol, and as to judicial royiew tho precise
point NJ issue in this case t21o ct seq He de-
MED that Perry was fugitive from Justice
within the meaning and intent of tho law
Spear on exlradition, PIP. 213 2s3-5, 3l0-l6).
Perry had sold his property at u sacrifice, Lett
home openly, brought his wife, mother and 1yo
children hero and had resided here ever
since. Tho District ought to protect him
from possible harn.
lie quoted Roror on Interstate law, p. 22l,
10 show United States courts have rover
to examine into the charge lcr parte Smith, 3;
Mclean, l2l) Arrest should be refused when
there WAS not to be fair trial (Whart. Grim.
law, vol, ILL., section 2,953l He held II tho
Indictment does not show crime the petit
lioucr WAS entitled TO discharge. If tho
grand Jury has found defective indictment
this court cau't amend aud the petitioner must
be discharged TO remand this petitioner to
the state of North Carolina, said Professor
GrccneT alter his connection with the
exodus movement, was 50 sond him
to death aud consgn his family 10
destituton Was this law or iuslico2
No law contemplated this uncss IL was that
Irish code which Monlesquion said was writ
ten in blood aud registered in hell. Tho
whole proceeding against this black man was
tainted with fraud and bore bal faith on It's
fIco II was useless 10 talk about his plrly
and the United States government protecting
him in North Carolina or seeing 10 ID that hs
had justice. Thoy could not pryteet whilo
citizens, whose rights wu"e violated by state
laws, whose lives were rcmorse'ps.l" taken by
purc buIbarrny. In vain would Hc - glcb
that Ne hal not done a liulc wyung 10 tho
state Ot Np,lh Clt0iua. u 'A Y.u pn's1le
in this case IN p,cseryc t2u l'h rE "w li1 OF
ono " the humolo't vil2eus, Nb1m hAbcas
corpus WAS Gosi susd to protect, after all hat
he fears aud his friends fear shall have hap
poned.