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was observed to speak to him, and the reverend gentleman, with his papers in his hand, demanded to be shown the authority for his arrest. He said he did not propose to resist, but wished to know by whose orders he was seized. He was told, “We will show you the authority, when we get you where we want you.” He was hurried, Marshal Chase on one side of him, and Officer Tyler on the other, down the stairs, and to a carriage in waiting, in which Deputy Marshal Stevens sat. A large crowd gathered about the carriage, and much

. feeling was exhibited, but no attempt was made to rescue the prisoner. The carriage was driven off, Marshal Chase on the box with the driver, and the prisoner inside with Officers Tyler and Stevens. This was done by special order of the War Department to Marshal Chase, directing him to resist the writ, or, in the event of the prisoner’s discharge, to re-arrest him. Mr. Sawin again applied to Judge Hall for a writ of habeas corpus, which was granted, and served upon the Marshal by Harvey B. Ransom, as the annexed return will show:

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“UNITED STATES OF AMERICA, Northern District of New York, }

“ HARVEY B. Ransom, being duly sworn says: that he is well acquainted with Edward I. Chase, named in annexed copy of writ of habeas corpus. That he served upon said Chase, at the city of Buffalo, on the 23d day of September inst., at or about the hour of five o'clock P.M. of that day, an original writ of habeas corpus, with the original order of allowance, signed by Judge Hall, indorsed thereon, copies of which writ and order are hereto annexed, by delivering the same, at the time and place aforesaid, to said Chase personally. That deponent and said Chase went yesterday afternoon, on same train of cars, to Lockport. Deponent saw, after his arrival, within named Benedict in front of said Chase's office, at Lockport, said Chase, as deponent was informed, being in his office at the time. (Signed)

HARVEY B. RAXBOM. “Sworn and subscribed before me, this 24th day of September 1862.

(Signed). 4. P. NICHOLS, U. S. Commissioner.'

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The writ of habeas corpus was made returnable at 10 o'clock A.M., on Thursday, the 25th inst., at the United States Courtroom in Buffalo, at which time United States Marshal Chase made the following return, to wit:

• To The Hon. Nathan K. Hall, District Judge of the United

States for the Northern District of New York: • The annexed writ was delivered to me between five and six o'clock in the afternoon of the 23d day of September last. Before that time, and about noon of that day, Judson D. Benedict, the person named in said writ, bad been arrested by me for disloyal practice, by order of the President of the United States, and put in charge of Daniel G. Tucker, with direction to convey him to the Old Capitol Prison in the city of Washington, and said Tucker immediately left Buffalo with the prisoner for that purpose.

“ Under general orders made by the President, through tho War Department, bearing date the 18th of August, 1862, said Benedict had been, on September 2, 1862, arrested by my deputy, A. G. Stevens, for such disloyal practice, and said deputy was ordered by the War Department to detain him in custody until the further order of said Department. For safe keeping, said Benedict was removed from Fort Porter to the jail of Erie County.

* Afterward, as is said, a writ of habeas corpus, directed to said Stevens and William F. Best, the jailor, was delivered to said jailor. The War Department was informed by said Stevens of the allowance of said writ, and said Stevens was directed by said Department not to regard said writ. But said William F. Best, the jailor, refused to allow me or my deputy, Mr. Stevens, to have any control of the prisoner, or of the writ, and avowed his intention to make return to said writ, and produce the prisoner before your Honor.

"I informed the War Department of such refusal and avowal. In answer, I received an order made by the Secretary of War, saying, in substance : Your deputy, Mr. Stevens, was directed to disregard the writ of habeas corpus. If Stevens or the jailor permits Benedict to be discharged on hc beas corpus, arrest him Again, and convey him to the Old Capitol Prison at Washington'

“The original order was delivered by me to Mr. Tucker, into whose charge I delivered the prisoner, and I have no perfect copy. The above is a substantial copy, and in all essential par. ticulars is correct.

“In pursuance of such order, after said Benedict was, on the 23d inst., discharged from the custody of said Best, and said Benedict had left the United States Court-room, I arrested him, and put him in charge of Mr. Tucker, with the directions above stated.

A formidable insurrection and rebellion is, as is well known, now in progress in this country, and the writ of habeas corpus suspended, and the President of the United States, by one of the orders above referred to, made on the 8th of August, declares the same to be suspended in case of disloyal practices. I would also refer your Honor to the proclamation of the President of the United States of the 24th September inst.

“I, therefore, understand that the above arrests are military arrests, in relation to which the writ of habeas corpus is suspended. I have, however, out of respect to your Honor, and the judicial authority of the country, thought it my duty to return to you the annexed writ of habeas corpus, and make the foregoing statement. Very respectfully, (Signed)


U. S. Marshal. “Dated the 25th of September, A.D. 1862.”

After the prisoner had been placed in a carriage, with three Deputy Marshals as a special guard, he was driven to Lockport, in the County of Niagara, a distance of about forty miles.

At about 9 o'clock P.M., he was again placed in a carriage, and conveyed through highways and byways, until 3 o'clock tłe next morning, when he arrived at Batavia, a few miles from Buffalo, on the Central Railroad. At 6 o'clock, he was placed on the cars for Canandaigua, and from there to New York, thence to Baltimore, and finally to Washington, where he remained for some weeks an inmate of the Old Capitoi Prison.

When the Majesty of the Despotism that ruled at Wasb.

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ington became appeased, Mr. Benedict was taken before one of the instruments of its tyranny, L. C. Turner, Judge Advocate, who received the reverend gentleman with one of his hypocritical smiles. After the usual interchange of courtesies, the Judge Advocate informed Mr. Benedict that he was discharged. (He was released on the 2d October, 1862.) Mr. Benedict ventured to inquire why he had been imprisoned. Oh,” said the Judge Advocate," it was only to show the people that the military power is now above the civil power.

The Bourbons and Napoleons in France, the Stuarts and uther despots in England, all pleaded the “necessity of cir. cumstances” for their arbitrary acts of power, and their infringement on the rights and liberties of the people. Louis XIV., of France — to go back into historic times no farther— said, “I AM THE STATE.” James of England said to the Duke of Somerset, who told the King that he could not obey him without violating law, “I will make you fear me as well as the law. Do you not know that I am above the law?" And this monarch said to his Parliament: “For matters of privileges, liberties, and customs, be not over-curious. We do what is for the best, and as necessity prompts. Let not any one stir you up to law questions, debates, or that sort of thing, for of these cometh evil.”

Mr. Lincoln acted on the principle established by these arbitrary monarchs.

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ware, December 31st, 1823. In 1842, he entered Union College, New York, under Dr. Nott and Dr. Potter, and graduated, 1845, delivering the valedictory of his class. In 1846, he attended the law-school at Yale College, New Haven. After leaving this school, and studying some months in the office of John Glenn (afterward Judge of the Circuit Court of the United States) in Baltimore, he opened an office for the practice of his profession in Baltimore, adjoining that of Hon. James L. Bartol, for many years a Justice of the Court of Appeals of Maryland, and now its Chief Justice; with whom he had always been on the kindest and most intimate terms of friendship. From Baltimore, Mr. Powell was called, in January, 1848, to his home on the beautiful Wye River, in Talbot County, Maryland, by the illness of his father. He reached home only in time to close his parent's eyes in death, and pay the last sad offices to his memory. He was obliged, as one of his father's executors, to remain in Talbot County to settle his estate, and therefore closed his office in Balti more, where he had commenced his professional career with the most flattering prospects. He then opened his law-office in Easton, in 1848. In 1843, he was chosen a member of the Legislature of Maryland, and served with credit in that sesbion in which the reform of the old Constitution was the great issue, and, as a member of the Judiciary Committee of the House, contributed in no small degree to the passage of that measure. He married, in 1850, Miss Lucy A. Barker, of New Bedford, Massachusetts, and settled down in the practice of his profession at Easton; from which he bag never been allured ky political preferment, although many

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