Daily Republican., 1883-09-22
FOURTH EDITION,
THIs MORNING's COURT.
Argument ON the COustItutiOnali
~ Of Foreign Attachments.

Court re.opened at 10 O'Clock this
morning with the Chief Justice and As
sociate Justices WOOtten and Houston
on the bench. L. &. Bradford, Esq /,
called up the case of j. Ellwood Black,
a citizen of Pennsylvania, who was ar
rested in this city ON capias, and VINO
has tor several weeks been confined IN
New Castle Jail. Mr.. Black was brought
in Court this morning on u VIII OF
habeas corpus, and Mr.. Bradford made
an able argument in favor OF his dis'
charge.
He cited number of authorities In
support of the application, and claimed
that as q citizen Of Delaware could not
be imprisoned OH domestic attach
ment, the Legislature of this State, &C.
corling to a decision of the Suprtm me
Court of the United States, could not
pass a law discriminating against the
citizens of another State, subjecting
them to arrest and imprisonment on
foreign attachment lie spoke for over
one hour and said he believed that he
had shown, by overwhelming author
ity, that according TO section OF the
Constitution of the United States, his
client was unlawtully deprived OF his
| liberty.
Charles B. Lore, ESD, attorney for
respondent, said that he would like to
have "a little time to consider the mat
ter. but Mr.. Bradford said that he
would oppose any delay. If the coun.
sci had any authorities to sustain him.
he would willingly listen to him, but
as his client had been in jail, as he
believes illegally, for nearly month
he would urge that the question Oe set
tied ut once.
The Court orjera 4 Mr.. Lore to pro-
ceed yglUh hl- q rarnnt. He said thai
anv residpat -, tl4 ATE could be sum,
mrne0 10 1p,u. t'prs this Court, and
'oump-. bis attendant and IT there was
Iuo law ~ ID r.- 'en of another
:, at8 whou.nD a.t p. mpelled to ap
r.ar uIl.nh nt, .gI. 81. OF this State,
/ I,, IL Wa y -'s u... -Sn in their ia
! .la granted nat the act did give
{ .ar,aH privileges to citizens Of this
. :AtH, as it provided they could not bt
crested without an affidavit, but there
was nothing said in that act in
reference to non-residents, and the
charge that they were driscriminated
against was only made by implication
and not positive enactment. 1t ha'
been "a matter Of practice, and the
right to arrest nonresident lol
debt has existed from time immeno
rial.
| Until within the past few years citi
zen Of this State could also be arrested
in the same manner, and held for debt
He contended that where a man CAM
here and made contract, or contract
ed a debt, he should be amenable t
arrest, and compelled to give securit.
that he would at any time obey the sum
mons of this Court, and appear, to b
subject to its processes.
II any other decision was made, !
gave the citizens Of other States prlvi
I.ges not enjoyed by the citizens of this
Oth-r States had similar laws, and
they were abolished, it would destro.
our whole foreign attachment system
: Mr.. Lore spoke but half hour, AM
when he closed Mr.. Bradford said b
would ike to say few words in reply
He argued that the act Of 1915 di'
not apply only 10 residents of thi
State, but said citizens of Delaware
and lie cOntended that "a mau might i
"a citizen of this State, and have hi
dolnicile here, and yet reside in al
other State. II citizen of Pennsyl
vania is beyond the summons Of thi
court, that is not his fault, and Ii
should not be made to suffer for it, as
man has an undoubted right to max
his home wherever he pieases
= Mr. Bradford said that he had a nun
ber of other autht rites which he coul
cite, but as they were merely of cunt
la i've nature he would not offer then
unless the Court desired. The Chief Ju
tice said he did not consider it necess
nv, and rendered the decision that fire.
dom from arrest Is an Immunity an
privilege enjoyed by every man, accor'
ing to the constitution Of the Unite
States.
No State has right to enact any la
discriminating against man becan
he is not citizen OF that state, b'
sometimes acts are passed, which see
right and convenient at the time, b
which when they come to be subject'
TO examination, are found not i'll acco
with the constitution
Tue llth amendment to the Constit
ton OF the United States provides tn
no State shall pass any law discriH
mating against or abridging the righ
Of the citizens of any other State, al
as the law under which this man is he
in custody seems to he one OF such law
the Court is unanimous III decdlr
that the prisoner must be discharge
Mt f,. ,x