Title: W. A. Field to B. D. Henderson, 11 October 1869
Date: October 11, 1869
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.01024
Contributors to digital file: Elizabeth Lorang, Vanessa Steinroetter, John Schwaninger, and Nima Najafi Kianfar
October 11, 1869.
B. D. Henderson, Esq.
I have received your letter of the 7th inst. In reply, you are referred to the title "Arrest" in 1st Brightley's Laws, pp 90-91. In the case you state, the practice of different Courts may be different, but as I understand the law, you can make a complaint before a U. S. Commissioner in Wisconsin, and arrest the prisoner on the Commissioner's warrant, have a hearing, and if probable cause is shown, then the Commissioner should hold the prisoner to answer any order of the Judge of the District Court of the United States for Wisconsin; then application is made to this District Judge for an order of removal directed to the Marshal of the United States for Wisconsin, and in pursuance of this order this Marshal removes the prisoner to Iowa, and either delivers him to the Marshal of the United States for Iowa, or to some jailer whom the State laws permit to hold U. S. prisoners—and he leaves a copy of the warrant. The prisoner being in Iowa, you can arrest him on a warrant issued by a Commissioner in Iowa,—or probably the original warrant would be sufficient to hold the prisoner until after the report of the Grand Jury summoned for the term of any Court of the United States holden next after the original arrest.
W. A. Field,
Assistant Attorney General.