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"Liberty,” as a cloak for slavery and oppres- published for the information and guidance of

all officers of this Bureau: "sion. This chapter has been extended much be- " Arrest of Deserter's-Ilabeas Corpus.-Opin

żon. yond our original design, but the principles involved are of such vast importance, that we

6. It is enacted in the 7th section of the act feel justified in going beyond that design, approved March 3, 1863, entitled "An act for

enrolling and calling out the national forces, though the largest 12 mo. volume would not and for other purposes," that it shall be the contain the half we had selected under this duty of the Provost Marshals appointed under

this act, 'to arrest all deserters, whether reguhead.

lars, volunteers, militia men, or persons called into the service under this or any other act of Congress, wherever they may be found, and to

send them to the nearest military commander, CHAPTER XXXI.

or military post.?

“If a writ of habeas corpus shall be issued DESPOTISM, USURPATIONS, INALIENABLE RIGHTS by a State court, and served upon the Provost TRAMPLED UPON, Etc.

Marshal while he holds under arrest a desertDespotism Seeks the Semblance of Loyalty...Solicitor er, before he has had opportunity to send him Whiting perverts Judge Tanoy's Decision... Provost to the nearest military commander, or military Marshal Fry Acts Thereon...Star Chamber... Laws by post,' the Provost Marshal is not at liberty to Proclamation in England... Kidnapping in New York... Gov. Hant on Arbitrary Arrests... The Case of Gen. Stono disregard that process. “It is the duty of the ... Beecher on Arbitrary Arrests... A Nice Point to Silence Marshal, or other person having custody of the a Press...Goo. W. Jones vs. Wm. II. Seward...Judge prisoner, to make known to the Judge, or Clerke's Decision... A Young Lady Pined $15 for Playing Court, by a proper return, the authority by the “Bonnie Blue Flag"...Burnside Favors the Arrest

which he holds him in custody. But after this of Males and Females that woar Butternut Badges... Opening the Prison Doors...Case of Gov. Tod and Others return is made, and the State Judge or Court ...Opinion of Judge Van Trump..." New York Journal judicially apprised that the party is in custody of Commerce" on the Powers of the Provost Marshal... under the auttority of the United States, they Case of Judge Constable... Liberated from the Bastile... Atrocious Sentiments by Senator Wilson... Ciucinnati can proceed no farther.' Prison Full...Other Acts of Despotism... General Conclu- “They then know that the prisoner is withsions... Vallandigham's Acts compared with Leading Re- in the dominion and jurisdiction of another publicans... Loyalty of Democrats... Disloyalty of Republicaus.. $500 Reward for a Disloyal Democrat Not government, and that neither the writ of habeas Taken...The Writ of llabeas Corpus the Palladium of corpus, nor any other process issued under Our Liburties... Extracts of the Magna Charta – Wrung state authority, can pass over the line of difrom King Jobn... Lord Campbell's Boast... English Bill vision between the two sovereignties. He is of Rights...“ Body of Liborties" Brought by the Mayflower..The Bill in the Declaration... Virginia Bill of then within the dominion and exclusive jurisRights... Massachusetts “Declaration of Nights” in diction of the United States. If he has com1780... From Bill of Rights in Our Constitution...General mitted an offence against their laws, their triRemarks on Suspension of the Writ of Habeas Corpus... | bunals alone can punish him. If he is wrongLaw of Suspected Person's... A Leaf from French History, by Allison...Our Parallels... Thiers on French Confisca- fully imprisoned, their judicial tribunals can tion...Danton's Prediction...General Remarks... Black-release him and afford him redress. And, alstone on tbe English Habeas Corpus...Our Constitution though as we have said, it is the duty of the

... Fathers Trought of it... Pinckney, Rutledge, Morris and marshal, or other person holding him, to make Millson on the Habeas Corpus...Judge Curtis on " Loy- known, by a proper return, the authority under alty" and Habeas Corpus... A Scathing Speech...Mr. which he retains him, it is, at the same time, sonal Liberty...St. Paul on Arbitrary Violations of Law imperatively his duty to obey the process of the Judge Festus and King Agrippa Respected the Roman United States, to hold the prisoner in custody Law..." New York Independent” on Arbitrary Arrests under it, and to refuse obedience to the man.

date or process of any. dent's Suspension of the Writ of Habeas Corpus : His Proclamation... Congress on Arbitrary Arrests...Official consequently, it is his duty not to take the Vote...Supreme Court of Wisconsin on Suspending the prisoner, nor suffer him to be taken before a

state judge or court upon a habens corpus issued under state authority. No state judge or court, after they are judicially informed that

the party is imprisoned under the authority of It is very natural, and has been, in all ages the United States, has any right to interfere of the world, for Despots to claim they were

with him or require him to be brought before

them. And if the authority of a state, in the acting under legal authority. The following form of judicial process or otherwise, should bopinion” by. Solicitor WHITING is quite in attempt to control the marshal, or other au. point:

thorized officer or agent of the United States, "WAR DEPARTMENT,

in any respect, in the custody of his prisoner, “PROVOST MARSHAL GENERAL'S OFFICE, it would be his duty to resist it, and to call to

“Washington, D. C., July 1, 1863. his aid any force that might be necessary to Circular, No. 36.

maintain the authority of law against illegal "The following opinion of Hon. William interference. No judicial process, whatever Whiting, Solicitor of the War Department, is form it may assume, can have any lawful au

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thority outside of the limits of the jurisdiction | This shows to what desperation the authors) f of the court or judge by whom it is issued, and despotic power are reduced.x an attempt to enforce it beyond these boundaries is nothing less than lawless violence. LAWS BY PROCLAMATION IN ENGLAND-OUR

"The language above cited is that oź Chief Justice Taney in the decision of the Supreme Court of the United States, in the case of Able

Lord SOMERS, in denouncing the despotism man vs. Booth. (21 Howard's Reports.) of the STUARTS, said:

If a writ of habeas corpus shall have been sued out from a State Court, and served upon great and mixed powers; we suffered under it

"We had a privy council in England, with the Provost Marshal while he holds the desert- long and much: All the rolls of Parliament er under arrest, and before he has had time or

are full of complaints and remedies; but none opportunity

of them effectual till Charles the First?s time.

The Star Chamber was but a spawn of our coun"To send him to the nearest military commander, or mili- cil, and was called so only because it sat in the tary post,"

usual council chamber. It was set up as a forIt is the duty of the Marshal to make to the mal court in the third year of Henry the Eighth, Court a respectful statement, in writing, as a in very soft words, return upon the writ, setting forth,

"To punish great riots, to restrain offenders too big for or" That the respondent is Provost Marshal, duly ap

dinary justice." pointed by the President of the United States, in accordance with the provisions of the act aforesaid.

"But in a little time it made the nation trem“2d. That the person held was arrested by said Marshal

ble. The Privy Council came at last to make as a deserter, in accordance with the provision of thoith section of the act aforesaid. That it is the legal duty of laws by proclamation, and the Star Chamber the respondent to deliver over said deserter “to the ncar.. ruined those that would not obey." est military commander, or military post," and that thú respondent intends to perform such duty as soon as possi- The arrest of actual deserters is well enough,

and all courts should and would remand them 3d. "That the production of said deserter in court would be inconsistent with, and in violation of the duty of whenever it appeared that they were deserters. the respondent as provost marshal, and that the said deserter is now held under authority of the United Statcs. But the great benefit of the writ is to ascertain For these reasous, and without intending any disrespect the fact whether the accused were in truth deto the honorable Judge who issued procoss, he declines to produce said deserter, or to subject him to the process of serters, or, whether in fact innocent men had the court."

not been arrested through mistake, or through "To the foregoing, all other material facts the avaricious desire to get the bounty. The may be added.

**Such return having been made, the juris- / writ is not to encourage guilt, but to protect diction of the state court over that case ceases.

innocence. The following will illustrate the If the state court shall proceed with the case case in point: and make any formal judgment in it, except

[From the New York World, Nov. 3, 1863. ] that of dismissal, one of two courses may be

"KIDNAPPING IN NEW YORK. taken. (1) The case may be carried up, by appeal or otherwise, to the highest court of the :56 An instance of the gross injustice which state, and removed therefrom by writ of error seems inseparable from the arbitrary military to the Supreme Court; or, (2) the judge may system inaugurated by Secretary Stanton has be personally dealt with in accordance with recently come to light. In October, 1861, sixlaw, and with such instructions as may here-ty-two young men were induced to enlist in after be issued in each case.

what they were told was 'Company L, Colonel “JAMES B. FRY, Serrell's Regiment of Volunteer Engineers, “Provost Marshal General."

the pay being for privates seventeen dollars Now, to claim that Chief Justice Taney, in per month. The company, when organized, the Booth-Ableman case, endorsed the arbi- taken to Washington, where for several days

was, without authority of Governor Morgan, trary power olaimed in the foregoing is one of neither the War Department nor the Generalthe most abomniable stretches of Judicial license in-Chief would recognize them. Subsequently we have met with. Judge Taney simply says and without any new muster, they were desig

nated as Fourth New York Independent Batthat when a state court is made acquinted with tery. The men protested in writing, but in the fact that a man is "imprisoned" under a vain--the pay is thirteen dollars per month. "process of the United States," such state They have been in eleven actions, and have court can proceed no further. This is good through counsel to the adjutant-general to be

distinguished themselves. They applied law, and no sound lawyer will dispute it, but attached to Colonel Serrell's regiment, in purwhen the pettifoggers of the Administration suance of their enlistment, or to be discharged. ask us to assume that a military order is a ju. This was refused; yet neither by statute nor

army regulations have the government the powdicial "process," such as Chief Justice l'ANEY

er to transfer men from one arm of service to alluded to, it is asking more than can be granted another in the volunteer service,

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and others."


"Several of the men, feeling that they had ed, let it be proclaimed from the house tops been grossly wronged, after the battle of Get- that no man within her borders tysburg deserted and reached New York. A “Shall be deprived of life, liberty, or property, without habeas corpus was taken out before Mr. Justice due process of law." Clerke, they having been arrested as deserters

“With great regard, ycurs truly, by å sergeant of artillery. Justice Clerke dis

"Messrs. Gideon J. Tucker, John Hardy, A. Mathewcharged them from the Fourth Independent Battery, for the reason that they never enlisted therein,' and also from the service of the United States, for the reason that they were enlisted

“We have a case in point, in that of Gen. under false pretenses. A copy of this order, certified and under seal, was given to the men.

Stone, of the great wrong and injustice liable

to be done by arbitrary proceedings against Last week a government detective arrested one

individuals. Gen. Stone it is remembered, of these men, read the order, and sent the man

was arrested while in the exercise of a comto Governor's Island, from whence, it is said,

mand, sent to one of the military prisons, dehe has been sent South. It is very clear that this is a flagrant instance nied information as to the cause of his arrest,

and refused any opportunity to explain any of equity can it be justified. It is monstrous proceedings of his own which might have sem of equity can it be justified. It is monstrous ed unusual. After several months of confinethat under our system of laws, in which there are so many provisions for guarding the rights

ment, he was released without trial, and it is

now announced that he was assigned to duty of the citizen and insuring the faith of contracts,

in the Department of the Gulf,--the President men can be compelled to do military service

being satisfied, of course, that he was wrong, without the slightest regard to law, justice, or their personal rights. Congress ought to invest-could this wrongful arrest and imprisonment

fully arrested and imprisoned. How easily igate this matter.




The people of New York, without distinction Even the most radical of all radicals; HENRY of party, met in Union Square, New York, in WARD BEECHER, sees danger ahead, in the May, 1863, twenty-five thousand strong, to take way of arbitrary arrests. In speaking of into consideration the subject of personal lib- VALLANDIGHAM's case he said: erty. There was speaking at four stands.- “It would be better for the country that ten The following letter was read, from Washing- thousand brave men were slain on the battle ton Hunt, whom our opponents have so often field, than that one should be deprived of even

the least of his guarranteod rights at this time. supported for high offices in the Empire State: The heart of the nation is in no mood to be LOCKPORT, May 16, 1863.

thus despotically tampered with." “GENTLEMEN: I have received your letter inviting me to attend the proposed meeting at Union Square. It is out of my power to come,

[From the New York World.] but I wish to avail myself of the occasion to “We ask all candid liberty-loving American declare my emphatic condemnation of the re- citizens of both parties if the followiug does Celt

to subject the people of the loyal | not smack rather too much of Venice or Poland states to an irresponsible and arbitrary system for this free country: of military domination.

"HEADQUARTERS MILITARY GOVERNOR, "While we are willing to submit to the great

"Alexandria, Va., Sept. 16, '63. est sacrifices, in a patriotic spirit, for the pres- "Proprietor Alexandria Gazette : ervation of the Union, it may as well be un

“SIR:--Observing in your issue of this evening an arti. derstood that we will not consent to be bereft cle boldly headed 'Virginia Legislature,' which article conof any of our constitutional rights. We have tains the proceedings of the Confederate Legislature of lost none of these rights in consequence of the Virginia, and hence, is a public recognition upon your

part of a state government in Virginia opposed to the fedsouthern rebellion.

eral government, the general commanding directs me to The Administration ought to comprehend | inform you that the repetition of this act will be visited that it is aménable to public opinion, and that with a suspension of your paper.

"The existence of a paper in Alexandria known to be its.conduct and policy are a legitimate subject hostile to the government he represents, will be tolerated of popular discussion and criticism. It is for so long only as there appears nothing in it offensive to, the perpetuation of a free constitutional gov- loyal people. Respectfully,

"ROLLIN C. GALE, A. A. G." ernment, and for this only, that the country has been so willing to exhaust its best blood Have not things come to a pretty pass when and place its vast resources at the disposal of an American newspaper published within a few the national authority, God forbid that the miles of the capital of the country is threatenAmerican people should allow the strength thused with suppression, because the heading to imparted to be turned against tnemselves, and some of the news displeases an ignorant mili. a military despotism erected on the ruins of tary officer? The phrase "Virginia Legisla-. public liberty! So far as New York is concern- | ture" is literally correct, no matter what the:


political crimes of that body may have been. , unlimited power on any department of the govA gun is a gun, whether in the hands of a fed-ernment, on any pretext, would not have been eral or a confederate soldier, and an organized deemed sane.”' state legislature, in or out of the Union, is very properly distinguished by the name of the state

After referring to the constitutional history it legislates for. The "general commanding” of the United States and England, the learned who inspired the above order may have a judge remarks: bóbolil'' head of his own, but it certainly has

"Could it be supposed that the framers of very little brains or discretion inside of it.

the constitution intended any such power ås that claimed in the present case, either express ,

or implied? If they intended a dictatorship to Judge CLERKE, of the Superior Court of the exist under any emergency, they would not city of New York, in which the case of GEORGE | leave it to the chief-executive to assume it when

he may in his discretion declare necessity reW. Jones vs. WILLIAM H. SEWARD, an action quired it, but would have provided that this for alleged false imprisonment, is pending, has necessity should be declared by congress, and rendered an important decision. The question that the legislature alone should select the before the court arose upon a motion to remove

person who should exercise it.

That the Pres

ident can assume such a power is an extravathe case from the state court to the United gant assumption which cannot be entertained States Court for the northern district of New by any court. No such inquiry can arise un

der the constitution of the United States. It York.

does not reach the proportions or stature of a Judge CLERKE, in giving the decision of the

question. court, said:

Mr. Lincoln as a military commander can “The defendant stated in his petition for this possess no greater power than if he were not order that the action was brought for acts al- President. Suppose the constitution vested leged to have been done by him as Secretary of

the commander-in-chief of the army and navy State for the United States of America, under

in some person other

other than the President authority derived by him from the President of could this functionary subvert the constitution the United States, in causing the plaintiff to be and laws under the plea of military necessity? arrested and imprisoned, or for some other certainly not." wrong alleged to have been done to the plain- The learned judge thus concludes: tiff under such authority during the present “The power for which the defendant. con, rebellion, and that it therefore comes within tends is plainly not necessary for the safety of the act of Congress of March 3d, 1863, rela- the nation, and is not conferred by the Constiting to the writ of habeas corpus, by which a tution. When that safety shall be endangered case may be removed to another court.

within the immediate theatre of insurrection "The question to be determined being or war, the commander-in-chief and his suborwhether the President of the United States, dinates are judges of the occasion, but beyond during a rebellion, can arrest any person not that the ordinary course of proceedings in the subject to military law, without the process of courts of justice will be sufficient to punish any some court, this was a question that would persons who furnish information, afford aid to arise under the constitution of the United an enemy or betray their country. In cases of States.

emergency, caused by invasion or insurrection, “It cannot, of course be pretended by the the powers exrressly given by the constitution, most ardent advocate of this high Presidential and the acts of Congress to repel. the one and prerogative that the constitution confers it in suppress the other are ample and effective.-set terms There is nothing in that instru- It requires no exercise of an extraordinary ment that can be tortured into the conferring power over the sacred rights of personal liberof such power upon the President in his civil ty to accomplish all this. It is manifest that capacity, and this, it appears to me, plainly it is beyond all controversy, that those rights disposes of the question; for it would be as in war or in peace, during invasion or domesserting the greatest contradiction and strangest tic violence, even during the hideous rebellion anomaly to say that absolute and unlimited which now confronts us, exist in cases which I power, equal to any exercised by Czar or Sul- have stated and are inviolable. tan, can be implied by a constitution which "The President, therefore, whether in his gives no power to any department that is not civil or military capacity as commander-in specially set forth, except simply the conse- chief, has no such power as that claimed for quent right to employ all legal means necessary him. . to the execution of the power.

"The ground upon which the application is “If there is anything beyond all controversy made has no foundation in right. It cannot be in the constitutional history of the nation it is entertained as a question in any state, or in that the purpose of the constitution and the the United States court. The only question in provisions which it contains were for a consid this motion worthy of consideration, and which erable time before its adoption thoroughly dis- can be entertained, does not arise under the cussed by their people and their delagates in constitution of the United States, but is clearconvention, and any man professing to confer ly within the jurisdiction of this court.??





be before Democrats will be compelled to cut

down and burn up any butternut shade trees No one act of NAPOLEON III has been more they may have set out, on pain of being arrestvirtuously denounced than the suppression of ed and made examples of?" It cannot be the Marseilles Hymn, and the punishment of possible the American people sanction these those who sang or played that air. As a part things. of the correlative history of the times, we give the following from the New Orleans police reports, as it appeared in the New Orleans Era of

The Washington correspondent of the ChiApril 29th, 1863:

cago Times says: Provost Court-Judge A. De B. Hughes, presiding.

"This morning it is announced that the "Miss Claiborne Massey, arrested for playing prison doors are open, and that the victims of the air of the Bonnie Blue Flag at the resia private malice and official spite are free to dedence of her parents, was before the Court. part. Are we to bow down in the dust and The Hon. Michael Hahn appeared to defend thank the man whose name is signed to the orher, and remarked that he did not think the

der of release? Rather let him tremble; and playing of the air without the words constitu- not him alone. The administration cannot, by ted much of an offense. He said that the this tardy act, atone for the misery they have watchman had heard the air played, but at the inflicted, nor can they bring back the happitime did not think it

ness they have ruthlessly . rest. He afterwards consulted the Sergeant, cannot escape theirs.

ishment of tyrants is sure to come, and they who also thought it was not necessary to make the arrest; but he afterwards went back and

"This act of releasing prisoners of state is a made the arrest. Judge Hughes said that in

mere caprice. There is no more reason for consideration of the high character of the able doing it now than there was three or six gentleman who defended the lady, he would be months ago. There was no cause for the aras lenient as the strict requirements of his du- rests at first, and there is no cause for the terties would permit, and therefore fined her only mination of the confinements now that did not $15.

exist then."? In the local column we find this notice of BELSHAZZAR never trembled till he saw. the the affair:

handwriting on the wall, and then he was "A young lady, named Miss Claiborne Mas- afraid. Wonder if the Administration did not sey, of the highest respectability, was arrested read on the walls of the old bastile, the dreadlast night and locked up for playing the Bonnie Blue Flag. She was released to appear beful words, Mene tekel up harsin ??? fore the Provost Court. This morning she was fined $15.?

It will be remembered that Gov. TOD, of Is it in the power of the human imagination to conceive of any possible harm for a young kidnapping Doctor Olds. In the Court of

Ohio, was recently arrested upon a charge of lady, accomplished, and of the highest re

Common Pleas of Fairfield county, in that spectability,?? playing any tune on a piar? Did Napoleon ȚII. ever exceed this Police de State, a motion was made by STOUGHTON monstration? Young ladies must be careful

Djurss, one of the parties arrested in the same how they play "Dixie.'). The substitution of 219, for å <ransfer of the cause to the Circuit

Court of the United States for the Southern "John Brown's Soul is Maroling On, will

District of Ohio.. The motion was based upon save their $15.

the act of Comaress of Murch 3d, 1863, which

provided for such transfer, and also provided By the following telegram it appears that all that the defendants in such cases, by proving who wear butternut emblems--male or female that they were beting under color of authorare to be arrested:

ity” from the President, or of officers deriving "Cincinnati, April 20, '63.-Gen. Burnside their authority from: him, should be entitled to approves the order issued by Gen.Carrington for discharge. Judge V4S TRUMP, before whom the arrest of members of the K. G. C., on the the motion wistein a brief but singularly ground that they are enemies to the Govern- clear :d logici! kevuse, showed the unconstiment He also favors the arrest of persons, male or female, wearing butternut emblems.- tutionality of 18:4 laty, and overruled the moArrests are now being made, and examples tion. We appent an extract of one point made will be made.?!

by hin, which, to our mind, was alone ample Madness rules the hour. How long will it justification for his focision:



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