The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-07-19
Important "Habeas Corpus y Case,

Firth DIsTRIcr COURT-Betore Judge Buchanan
"Wednesday, 18th July[In the matter of Hugh ODonnel
praying writ Of habeas corpus THE petitioner alleges that
lac was appointed Assistant Quarter Master with the rank
Captain, in the service of the United States to rank as
such from the 9TH October 1876 and entered the discharge
Of bis duties SUCH and attached the army of the
United States, under the command Of Major General VIM
O. Butler; that IN conformity to the orders of his superior
Officers he attached to the brigade of Col Brough and
directed to reman with said brigade until mustered
OF service that in compliance with said Ode petitioner
Companied said brigade this city through which had
pass Tor the purpose OF rendering itself at the place OF its final
destination 10 wit the States of Ohio Indiana and other
western States, according orders from the War Depart
ment That whilst petitioner temporarily passing
through this city the service aforesaid the firm of A. L.
Addison 20 OF this CITY, caused him 10 be arrested by
virtue Of writ Of emanatng from the Fourth District
Court Of New Orleans, for debt that being arrested by
the Sheriff. he released from custody Michael Gemon
and Patrick Garner having become his bail whose custody
as ms BAL ne mas been consigned and IN whose custody he
now e. and that his bail threaten to surrender him to the
eTiii ~ order to release themselves from their liabilities
Under these circumstances, and whereas he ILLEGALLY in
custody under SAID writ which he alleges null old and
nogeative 10 him while actually attached to he of
the United States and acting under the orders of his superior
Officers and only taneny and in obedience to said orders
The securities Of petitioner into Court, and in an
i've " e WIZ Say nat teg lave Reen H. anu ne
Officers TO leave the STATE OF louisiana and actually on
the point of leaving the State and they have custody OF his
person for the purpose OF sunendeng him 10 the Sheriff,
which they have done in order to discharge themselves
ID said petitioner by virtue Of the bail writ from the Fourth
District Court, he was baIled but that sad suTete having
surrendered the petitioner, the Sheriff holds petitioner in
tOdy, by virtue of the said bail writ.
Under this statement the matter this day, July H.
Ggstqyus Schmidt iorpehdoner.. w. A. Emore for a.
l.. Addison & Co.
When after evidence andagumen the Court considering
that Hugh ODonne Deputy Quarter laster in the U s
army and acting under orders from his lawful superqrs,
which require him leave the State of Louisiana, whittier
he has by virtue of such orders has been arrested in
civil suit by virtue of which arrest he is required not to leave
the State of louisiana for the of three months Con-
sdeng likewise that said arrest be legal then the petition
dsObey his and violate the orders by him
received which would be improper interference with the
authority vested the Executive Of the United States and
deprive of the control of the OF the nte
States result which the law did not contemplate and WHICH
the Judiciary sanction, without trenchng the
powers Of the Feeal Executive under the Constitution OF
the United States Under these circumstances, the Court
beng of opinion that the law authorizing the arrest OF non
resident does apply the petitioner and considering the
Provisions of the 4h paragraph of the 822d article Of the
Code Of Practice, it is ordered that the petitioner Hugh
Donne be discharged from the custody Of the Sheriff oil
the Parish Of Orleans, and be forthwith set at liberty