New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-07-28
FACTS AND INCIDENTS OF TIE WAR;
WARRINGTON, JHII 70, 1901.
A GALLANT FEAT.

FACTS AND INCIDENTS OF TtE WAX,
WGsuEGros, July 70, 1861.
A GALLANT FEAT.
Today, in Virginia, Col Mcleod Murphy captured
three reo5 Is Ia uniform while ont scouSing on lis own
account. lie eaw three OF them getting water, wniie
tttir arms leaning against tree but afsw iee'
Oh: Col Murphy rode up, and without hring his r.'
Yolyer, c0lared the crowd and brought them into
THE ADVANCED POST or TIFF ARMY.
The 10Th New-York Reginent, Col Mcleod Mar
Ily, have he advanced post on the fariax roau'
TIE Colonel has just come il, and reports everything
quiet
col. CAMERON REPORTED PRisoNER.
1t j. reported tough thai message nas BEEN re-
ctiye from Messrs. Harris, McGraw, ana Bureb, VINO
went out on Monday with lag OF truce 10 iind te
body # Col Cameron of the New-fork 18th Regiment,
and thar they have found Col Ca~eroa, not ked bat
wounded and prisoner have not been able 70 verify
tie report.
AN ALABAMA MUSTER ROLL.
saw to-day the muster roll OF Company b, 9th
AlsIema dated July 3 which was picked Gp at Fair
fax Station At that date there were SO reported or
duty, and 81 sick. One death and one desertion o
reported
OPINION OF TIE ACKNOWLEDGEMENT on THE
HABEAs CORPUS QUESTION.
In obedience to a resolution of the House Of Rep
resentaiives, adopted on the 18th. INST, requiring
copy Of tho opinion Of the Attorney -ieneral men
toned in the Presidents Message, in reference TO the
simmer ion of the writ of habeas corpus Judge Bates
las ira smtted to the House copy OF his letter to the
President Of July 5. IL makes pamphlet OF twelve
RACES aud il an able and elaborate argument There
were the following questions:
EsySL: L. the present time or great ana DANGER
ons iusurrec on has the President the discretionary
rover to ca ne to be arrested and held in custody per-
sons known to have criminal intercourse With the
Insurgents persons against whom there Is proOaoie
cause of suspicion OF such criminal completely
Sec0al In such OF arrest, ID tue PRESIDENT
justified ia refusing TO obey writ Of habeas corpus
issued BY court Judge, requiring him or his agent
to produce the body of the prisoner, aud show the
OF his caption and determination, 10 oe adJuaged
and disposed Of by such court or Judgef .
To tie inst question Judge Bates, after preI nj,
ary argument upon the relative powers OF the several
branches OF the Government, says:
GO am clearly of the opinion that In tine ilSe tue
present when the very existence OF the nation Il
issaiIed by a great and dangerous iDsurrecon, the
president has tie lawful Discretionary power TO arrest
and hold in custody persons known to nave criminal
intercourse with the insurgents, or persons against
whom there is probable cause Tor Suspicion VI sucn
criminal completely"
After proceeding to prove this position, as to the
second question he says:
Having assumed, in answering the first question,
that tie President haslegal Discretionary powers, &c
might unnecessary TO go into any prolonged ar
gumont TO prove thai in such the President is
fully juztfed in refusing " obey wit OF habeas cor
pus, &c.
He concludes:
Not doubing the power Of the President 10 cap
ture and hold by force open insurgents agiins the
Government, and tOares and impnson their suspected
acconplices, never thought OF fret suspending the
wit oi habeas corpus, any more than i thought OF
first suspeuding the wit OF repevin before sening
arms and munitions destined for the enemy. The power
10 do these things il in the hands Of the President,
placed there by the Constitution, and the statute law,
az sacred trust 10 be used BY him, in his best dis.
oretion in the performance OF bis great fret duty to
preserve protect aud defend the Constitution, and for
any breach OF TINT trust he is responsible before the
bh court Of impeachment and before no other human
tribunal"
THE GUERRILLA WARFARE OF THE ENEMY.
Since oug Army OF tbs Potomac Las retired within
toe lies Il occupied previously TO tho forward move
ment aud has resumed the defensive the only warike
int gelce that n obtained l. Of act OF guerrilla
warfare on the Uart Of the Rebels. Recognizing no
rules OF customs OF modern civilized warfare, they're
sort TO the vilest practices Of syages 70 bnug down
Union colder Tie guerrilla wa along tho exterior
liue. of our pickets has recommended. Yesterday
private George w. Fox of Company X, 9th New
York yoluBteess was morally wounded while on
picket duty al BGileys CToas Roads He had crossed
The road 70 obtain drink Of water at WELL when be
was shot through the arm and abdomen by Rebel
iroorcr. lie died at Fort Runycn about O'Clock
Thu morning.
REPORTS FROM SAVANNAH
letter has inst been received here from savannah,
Ga. 1t states that general gloom pervades affairs
here. Mr. John Owens, the most talented lawyer Of
The place rod become insane over the condition OF tue
country. lie had been strong Union man.
ESCAPED FROM MANASSAS.
Patrick DYER OF the Goth Regiment, arrived here to-
pight. having escaped from Manassas, where be was
held o. a uffOner. lie stgtes that the Rebels lad
many MI Oeers and that they closely confined,
MANY OF them being ted; bad little or 10 oppor UNITY
TO zee much but he fully confirms the reports OF the
ia menso keUel Ices.