the court-room, where he was cordially greeted by many of his friends. "United States Marshal Chase came into court and delivered to the Judge a return to the writ of habeas corpus, setting forth by what authority his deputy had arrested the prisoner, and that the writ of habeas corpus having been suspended, and he ordered to resist any attempt to execute it, he could not obey the order of the court. This was understood to be the substance of the return. "Marshal Chase requested the jailor to give him. a copy of the order of the court compelling him to return the writ. "The Judge said a copy would be furnished him. "A. P. Nichols, Esq., then made the proper return to the writ, and produced Rev. J. D. Benedict in court. "United States District Attorney Dart said, that a turnkey bad in some way obtained possession of a United States prisoner, arrested by order of the President of the United States, through the Secretary of War, for uttering seditious language, or language calculated to weaken the confidence of the people in the Government. In such cases, the President suspended the writ of habeas corpus, and ordered that forcible resistance be made to its execution. He hoped that the occasion for arrests under this order had ceased, and that there would be no conflict of jurisdiction in this case. He asked the suspension of proceeding until Tuesday following, trusting that the matter might be satisfactorily arranged before that time. "Albert Sawin opposed the postponement. It was important that the great question of personal liberty, in connection with the arbitrary arrests, should be disposed of by a legal tribunal. "Judge Hall said the real question at issue was whether the President had the power to suspend the writ of habeas corpus, and if this was the question to be argued, the time asked was not unreasonable. He was anxious that the matter should be fairly canvassed, and a conflict of authority avoided. He would, therefore, grant the request of the United States District Attorney, and adjourn the case to Tuesday next, September 23, at 11A.M., meanwhile the prisoner to remain in the custody of the jailor, to be again produced in court at the time named. "The District Attorney desired the Judge simply to remand the prisoner, without naming the custodian. "Mr. Sawin opposed this. The Marshal wished to gain posses sion of the prisoner for the purpose of placing him in military custody, and beyond the jurisdiction of the court. "A. P. Nichols, Esq., asked the court to make an order stating by what authority the jailor held the prisoner, whether by order of the Marshal, or under the writ of habeas corpus and the order of this court. He wished the duty and the authority of the jailor clearly defined. "Mr. Dart desired that the court would make no such order, but simply remand the prisoner. He thought the court ought to have confidence in the Marshals, and believed they would respect the court. "Judge Hall said the custody of the prisoner will continue with the jailor as it is now. The prisoner is now held by virtue of the writ of habeas corpus. He is removed from the custody of the Marshal or Deputy Marshals, and neither of them can interfero with him until the hearing and determination of this writ. "Marshal Chase wished to know whether his authority in this case was at an end. "The Judge replied, that he had as much and no more to do with it than any other citizen. If he, or any other man, knew of any crime the prisoner had committed, it was his duty to inform against him, that he might be punished according to law. It was especially the duty of the United States District Attorney to ascertain the facts and proceed against him, if he had been guilty of any violation of the laws of the land." The following is the copy of the order of Judge Hall in the case: "ON THE HABEAS CORPUS. "In the Matter of Judson D. Benedict.` "The said Judson D. Benedict having this day been brought before me by W. F. Best, the keeper of the common jail in the County of Erie, in obedience to the annexed writ of habeas corpus, and the hearing under the said writ, and the return made thereto, having, at the request of the Hon. Wm. H. Dart, United States District Attorney, been adjourned until Tuesday, the 23d day of September, at eleven o'clock in the forenoon, it is hereby ordered, on the motion of the counsel for the defendant, that the said Judson D. Benedict be and he is hereby remanded and committed to the custody of Wm. F. Best, as such jailor, to be kept and detained by him under the authority of such writ of habeas corpus, and this order, until the time to which said hearing is so adjourned; and that said Wm. F. Best produce and bring the body of the said Judson D. Benedict and the said writ of habeas corpus before the undersigned, at the United States Court-room, in the city of Buffalo, on the 23d day of September inst.. at 11 o'lock A.M., then and there to do and receive what shall then and there be considered in that behalf. (Signed) "September 18, 1862." N. K. HALL, After the necessary papers were made out, Rev. Mr. Benedict walked, in company with Mr. Best, back to his apartments at the jail. It was rumored that the Marshal would attempt the rescue of the prisoner, but this was unfounded. ... "U. S. DISTRICT COURT.- Buffalo, September 23d, 1862. "Shortly before 11 o'clock, the prisoner appeared in court, in company with the jailor, Wm. F. Best. A. P. Nichols, Esq., attorney for the jailor, handed up the original writ of habeas corpus, with the order of the Judge, remanding the prisoner to jail, engrossed upon it. "The court did not understand that any demurrer had been made to the writ as returned, or issue taken on the facts stated in the return. "Albert Sawin, Esq., claimed that the return, as made, stated in what manner the prisoner was arrested and was held, sufficiently clear to enable the court to determine that the arrest is illegal, and that the prisoner should be discharged. "The court inquired if the United States District Attorney was to be present, and directed the officer of the court to inquire if the District Attorney desired to be heard in the case. "Marshal Chase soon after appeared in court, and held a conversation with Judge Hall, which was not audible. After the close of the interview, the Court announced that the U. S. District At torney did not propose to appear, or to make any further state mer ts to the Court, or furnish any proofs in the case; that neither the Marshal nor his Deputy, Stevens, would appear; and that, so far as they were concerned, the case was left to the Court in its present condition. "The Court desired to say to any person and to all persons present, that if they knew of any crime that the prisoner had committed against the laws of the United States, or any cause of arrest, other than that set forth in the return, they should make it known. He had prepared an opinion in the case, embodying its legal bearings, which he should publish as his justification." The opinion of Judge Hall, discharging the Rev. Mr. Benedict on writ of habeas corpus, is replete with learning and research, and we regret that want of space prevents us from presenting it to the reader in full. He refers to English and American statutes and constitutions from the settlement of England by the Saxons to the present time, and cites from the Magna Charta, the Petition of Right, the Bill of Rights, the Act of Settlement, and quotes from Hume, Hallam, Black stone, Story, and other authors. He refers to the decisions of the purest and ablest jurists of England and America in support of his opinion, and concludes his erudite and profound reasoning as follows: "The decisions referred to have been before the profession and the country for more than forty years; and, so far as I know, they had not, until a very recent period, been questioned, or their doctrines assailed by any respectable jurist. I cannot but endeavor to follow, though with feeble and unsteady steps, in the paths of constitutional duty, clearly and distinctly marked with the ineffaceable footprints of Marshall, of Story, of Washington, of Livingston, of Martin, and of Taney; and, guided by the serene and steady light of their recorded opinions, I may certainly hope not to go far astray." This opinion alone stamps Judge Hall as one of the purest, most learned, and upright jurists that America has produced. At the conclusion of the opinion, Judge Hall made an order discharging the prisoner from arrest, no cause having been shown why he should be detained. The following is a copy of his order: "IN HABEAS CORPUS, "In the Matter of Judson D. Benedict. "The said Judson D. Benedict, having this day been again brought before me in pursuance of the annexed writ of habeas corpus and order, and the counsel of the said petitioner having filed a demurrer to the return of the said writ, made by W. F. Best, jailor, and to the statement heretofore made by A. G. Stevens, Deputy Marshal, (no one appearing to oppose the discharge,) I having proceeded ex-parte to hear and consider the case as now presented, and determined that no legal cause for the arrest, imprisonment, and detention of the said Benedict is shown by said return, or said statement and return, and having invited all persons present to make proof, if any could be made, that the said Benedict had been guilty of any offence against the laws of the United States, or was subject to arrest for any cause other than that appearing on said return, and no such proof being offered, I do hereby order and direct that the said Judson D. Benedict be and is hereby discharged from custody. (Signed) N. K. HALL, Marshal Chase stated that previous to the issuing of the writ of habeas corpus by Judge Hall, he had written to the War Department, recommending the release of Mr. Benedict, and that he would have been released before, had it not been for the attempt of Sawin to raise an issue with the United States Government. Mr. Benedict, who had been discharged from arrest by the order of the highest court known to the Constitution, was again arrested by the United States Marshals, although his release had been recommended by Mr. Chase. Several members of the police force were seen to enter the court and disperse themselves about the room, while Marshal Chase, and Deputy Tyler, of Lockport, sought positions near the then free citizen of the United States, standing in the Temple of Justice, and awaiting a copy of the proclamation of emancipation just issued by the Judge. As soon as he received a copy of the order, Officer Tyler |