Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-11-08
A MILITARY DEsPOTTs,I.
Court. Of .Ja.tioe Eo'ce,Se.' ia 'ac WORTH

| 4 lanentablc submission characJorizes the con
dnct of The people, while their rulers embrace
every opportunity to rivet still tighter the chains
of bondage.
Among other instances which We might retei
to. as demonstrating the progress OF the military
power at the North. i the following report Of q
ipdicial proceeding before the United State.
court for the southern district OF Ohio W.
take the statement from late number Of the
Cincinnati Enquirer:
The Hon. f. H. Stanton, six years a repre-
l sentative in Congress from Kentucky, and a
| the time of his arrest Commonwealth attorney
| for the judicial district IN which he resides and
! seven or eight Of the wealthiest and most re-
| spectacle citizens Of MaysviIe, were seized by
| order Of Brigadier-GeneTal Nelson, lew days
/ since, and az once sent 10 Cincinnati, Wheft
1 they were handed over 10 the care OF General
! Mitchell, commanding the Federal forces az thai
ulaca. bv whom they were detained as political
/ offenders. \ wit OF ta5caS o0TpHs was issued
| hy Judge lcavitt, on the application Of Hon
| G-orge l.. Purh, and served on Gen Mitchell,
| who refused 10 respect IT, On ghe application
of Mr. Pugh. the court issued @ rule against
! Gen. Mitchell for contempt Of court. 10 was re
turned on the evening of the 18th instant, when
! the following proceedings were had, as ] find
! them In a Cincinnati Enquirer, which has iallcn
/ into my hands.
! On the part Of the respondent, T. c. Mitchell
appeared aud replied that it was not fully estab-
/ -hed thar the general had the aforesaid prison
/ eTs in bis custody. lie also urged as a reason
/ why the present proceedings should be stayed,
that il is the intention Of Gen Mitchell to start
| tomorrow iths morning. for The purpose OF
] l-,1. haaA .f in
| Kentucky, aud upon national necessity he asked
that his duty shall not be veXadOusly impeded.
A postponenent was in consequence demanded
| for the space Of two or three weeks.
Ii was also claimed on behalf OF Gen. Mitchell
| that al the time the summons was served upon
| him he did not actually know that II was Vrii
| Of h0boaS corpus.
The Hon. George Z. Pugh, as counsel for
the prisoners, replied. He maintained that his
clients were held in custody without a shadow Of
"a tangible charge. Il they were guilty, let It
be proven, and he for one would cheeriully ac-
cede 10 their conviction and punishment; but
he denounced the incarceration Of innocent men
and the delay Of justice by high-handed meas
ures. He concluded an exceedingly eloquent
! appeal to the Court by requiring that the case
shonld be determined early the next morning.
! Judge Leavitt said that he would do nothing
10 impede the course OF the military authorities,
/ although il is a paramount consideration that
! the ends OF Justice must be fulfilled. He ac-
| cordHgly would Issue rule returnable at 10
4 o'clock tomorrow, (this morning.) and if Gen.
| Mitchell shall by that time give good reasons
why the hearing Of the matter shall be postponed
| be (the Judge viii appoint such future period
| as may be convenient TO examine The case"
/ In the meantime, the prisoners, holding them
! selves ready 10 appear in court and demonstrate
! their innocence, were held in custody. The
next day-the l6th--the case was called again,
and its Importance is my excuse for giving the
| proceedings IN iull, as / find them in the In
| qHircr. They illustrate the character Of The
| naFtlfeIn government better than any general
! statement possibly could. Il viii be seen thai
the court confessed its impotence, saying it felt
I reluctant 10 issue an order which il knew wOuld
not be respected-that che the Judge, "felt uR-
certain as to the proprieiy Of the court issuing
any more [writs Of habeas corpus with the
certainty that they would be resisted, for in con-
tests Of this character, in a time Ike the present,
! the military power must prevail
Mr. T. G.. Mitchell, counsel for the general,
stated that The rule was not served upon the lat
ter until a late hour the night previous. He had
I hoped and expected that he would, on the part
Of the general, be enabled 10 plead ignorance of
the character of the wit, but be found thar his
client had posse zed q vague idea Of its nature,
counsel stated that il viii take some time TO pre-
pare an answer, but he would say that ;he an
swer win raise the question intended for discus
SION. whether. while in the exercise of his mill
tary duty, Gen. Mitchell was moi justified in dis
| obeying the writ
Mr. George T. Pugh replied that under the
| present circumstances it became bis duty 10 de
/ mand that the prisoners be taken from their
present unpleasant position, and handed 70 the
/ - III l.
/ leaving. and h. understood that Gen. Hill would
! sncceed. These generals were not uniform in
| their ideas or orders, and he instanced the proc
| lamaiion of Gen. Anderson. in which such
/ arrests as that under consideration werf pro
/ mbited Mr. Pugh then insisted.i Justice 70
| his clients, that there should be no delay
Mr.. Mitchell then remarked that, as counsel
| for Gen Mitchell he had advised him not to
| submit himself TO the court
Nlr Fugh-Why, in that case he can arrest
and imprison ths whole Of ms to-day and 60
| away tomorrow.
! Dir. Mitchell maintained that the military and
civil courts are entirely distinct, and that the
| latter has no more right to Interfere with the
former, than the military authorities have TO con-
! troll the civil
/ Mr.. Pugh replied that il was the duty Of that
court to 50 shield the prisoners that they shall
not be- spirited away, no one would know
| whittier Ii was mOnstrOus proposition that
| they must remain in durance until the end Of a
| military campaign. which may occupy one or
! two wears lie asked that they be brought into
court, and if guilty, punished but be wanted
/ them at any rate TO be placed in charge of the
marshal until the argument Is over and tie de-
/ cision made.
The Judge said hat the party against whom
! the proceeding is instituted, has a right to de-
mand time. The rule, it appeared, had not been
| served until late hour the night previous, and
1 the court must be controlled in some measure
I bv the consideration OF the nature Of the service
| In which the party is engaged. The question is
/ one Of great importance, and time should be
| given. The court did not feel disposed TO press
the matter, ia view of the absence Of the general
being but temporary.
In regard 20 the application OF & new writ OF
haBeas corpus, which Mr.. Pugh expressed an
intention Of applying for, the Judge remarked
4 that, If issued, in al probability the same re-
I turn would be made Indeed be fell uncertain
as 10 the propnety Of the court issuing any
more, with the certainty that they would be re-
sisted. for in contests of this character, in a
time ike the present, the military power must
/ prevail.
| Mr.. Pugh-If the day has come that military
force can defy the civil power, it is time that il
should BE- known.
The court said that the question is, whether
the military commander, in making arrests, Is
responsible 70 any other power than the govern
ment
Dir. Pqgh remarked that when last he saw his
clients they had not the slightest knowledge Of
what the crime was that they were charged
with, and it surely could not be the purpose Of
the government 20 continue parties innocent oi
crime IN custody.
The court remarked that il was not advised
with certainty in whose custody they were
Mr. Pugh replied that they were now in the
custody OF Gen. Hill
The Judge said that he entertained a repug.
nance 70 issue an order which viii not be X,
spected, AMI b. would grant any reasonable
T time for the answer.
Mr. Mitchell can arrange that IN q few
days, and if the court viii grant a iOrtnights De
f lay, / promise ii Gen Mitchell is not detained
that length o.! time, TO produce it at an earlie
period.
Mr.. Pugh said that he was satisfied be woult
never get a hearing from Gen. Mitchell, and b.
should ask that q writ be issued against th
next in command.
Mr.. Mitchell replied that he was sincere il
what be had stated be did not understand wha
the gentleman meant by declaring that he didno
expect to obtain hearing.
Mr.. Pugh remarked that under the circum
stances it appeared almost useless for him f
pursue the case, yet he would ask his honor q
issue another writ Of habeaS corpus
The Judge said that when the application wa
made in proper form he W0uld decide upon th
pFopriety Of granting it.
RAISING VESSELS SUNK At SEBAsTOPOL.-l
letter from Sebastopol states that Col GOrwil
has Hceeeded in raising eight large war steamers
one fifty-gun frigate, three corvettes, twelve On
. / briCs and transports, with several smaller Graf
Besides these, the vessels removed by blastin