New-York daily tribune., 1861-06-05
THE ST. LOUIS IIABEAs CORPUS CASE.
GEN. HARNEY's AMENDED ANSWER.
From TAe ST. Louis Democrat June !.

Yesterday morning Gen. Harney returned TIE loi-
Rowing amended answer in relation to the ha6ess cor
pus case of Capt. Enlmet Mcdonald, before Judge
Treat of the United States District Court, IN eohPF
spoe with its decision The Court held his answer 20
be full and sufficient. On motion OF attorneys lof Pc
titioner, and by consent of Court the case was ao
yourned until th morning, in order to give the loieF
time 70 prepare an The amended answer Iui!
that Cen Hsrney as he asserts, has not had at
any time since the assumption of the coumand Qi ms
Department, any power or aathosl'y o'ei VIC Pi'
The answer is as follows:
Leave having been granted 10 the undersigned TO
smeud bis return 10 the wr Of haoess corpus hereto
sore granted on behalf Of Emmett Mcdonald, deem y
proper to submit the following preliminary eApiahs
Sory remsTks
With no feelings or interests in this matter to swerye
ne from the plain path of duty should, nnder oIGl-
nsfy circumstances, submit my return IN Z le" Ho,Is &
But in the discussion had upon the question as 20 me
snfhcensy of my original return, very wide ana ex,
sraordinary range has been INDUCED, involving as
conceive Il not in terms at least by lmpcatohj my
good faith and frankness in ma king 1t ont
Proper respect for the authority Of this Court, "a
well as simple Justice TO myself, render u mt that
should be allowed word in explanation ana ]usnnca-
In making nv original return intended and under
aook 70 state that the time Of the importation OF the
writ any time since, had not TIE Do9y OF 'ne Pc'
siOner in my custody, power, or conlfoi, ana thaI
had bot the power 10 produce hs BODY before 'hls
Court. -,
By OF construction OF langlhSc lhCoHl-
pgehensble 10 me my retnrn has been held nsnoClen
snd my plain intention in making IL "ss not ee'Oiii-
pitched. ,u-,-.,.
snbordinaion 10 the requirements OF the CONSTITUTION
and the aws OF my country, and prompt obedlepce 10
Gbe Judiciary as well 70 the commands of my supe-
Yiors, part Of my military education, anS ID a'-
sordance with 10Y principles and convictions OF duty.
The constitutional and legal duties resting on eAecu
tive military officers are ss impcIatite ahG nn!tG
ing in their requirements as those resting On e uu
mont In A. IL
4hese duties executive military, not less thAn udi-
Sjal ofcers must gasp at nothing shrlnk from noIn-
Bng" In the discharge Of the delicate ana hsniy re-
spon.ible duties deyOlved upon me IN thls military
6epartment have endeavored to conform my aelon
stIicty to the requirements OF the Cohht,uoh ''hu
laws of my country, ana i,niay 70 upnoiu d i,iu ~,
yiOhts OF property within my jurisdiction. shall con-
xnue TO act while hold authority here, regTde's Of
external eamOr. now proceed 20 state al me know,
ledge and information bsye touching this matter, ard
60 make my amended return TO the writ Of habeas cor
pms IN this Gaze.
ING the eapture and subsequent holding Of the peti
yoner OF Of his subsequent transfer 20 another Iis
liclion. l have been informed, however, that the
petitioner before aud at the time Of bis alleged cap
lure owed allegiance TO the Government Of the United
States; that at the Of his capture he and others,
with arms in their bands, were engaged IN the STATE Of
Missouri IN levying war against the United Statesi
shat he Was adheTiDg 10 the enemies Of the United
States giving them AID aud comfort, and that while
fbus engaged the petitioner was captured and taken
and held "a prisoner Of by the officers and men
under the command Of my predecessor.
am Furthermore informed that my predecessor sub
sequently "a he had undoubted night u dol trans
ferTed he prisoner for safe keeping into the State Of
Illincis and placed him In charge Of officers 10 COM
xDand Of Gen. McCleand, who then had and now has
command OF the military department of tie Govern
peIf which embraces the State Of lllnOis, and the
petitioner from the time of his capture 10 the time Of
his transfer 10 the State Of Illinois afoTeaad, was,
ns l am informed under the proper control, custody,
authority. and command Of my predecessor.
With The capture Of the petitioner and his transfer,
a. aforesaid 10 another jurisdiction, had no coucen
xeiLher was il done by my order command, and all
tbe foregoing occurred before had any knowledge
81 the application for, or the granting Of Ills writ
In making this statement desire 70 be distinctly
understood that do not shrink from any Jusl response
hility tha, attaches to since my assumption Of the
command of this department. On the contrary, "
STaSp ut R0th5AQ, shrsnk from nothing"
BIt proper regard for the public service, and q
high eense OF duty, require that should carefully alb
stain from any course Of action that might by impca-
don or otherwise embaTrass throw doubt upon the
official conduct Of my predecessor. AS TO matters
within my knowledge, j state that at the time
this writ ssned had not, nor have az any time
since, had the person Of the petitioner, Emmett MELON
aid ia my custody possession, power or con roll My
jurisdiction authority does not extend beyond the
limits OF this military department, and never had and
have not now any jurisdiction whatever IN the State
Of Illinois.
Thus matters stood Up 20 the time the decision Of this
Court was pronounC ed 10 the suiciency Of my og
nal return Since then have received orders dated
May l6, 1861, from the War Department relieving
from the command Of this military department and
haye therefore DO longer any power or authority with
sn this jurisdiction.
Therefore, by reason Of the facts aforesaid state
that have never had power authority 10 command
ANY 10 produce the body Of the petitioner before
iris Court, nor have any such power OF authority
now, nor have The power now TO produce the body
Of the petitioner before this Court IN obedience 10 the
mandate of this writ, have bad tho power 10 do
% a. any time since il issued. beg 10 state In
conclusion that Immediately after making my original
return this writ, communicated tho fact, together
with ali other facts within knowledge relating toit
10 the proper depa tment Of the Government but upto
tbis time have received no reply TO my communica-
Non WiLLiAh B. hAnFEY,
Brig General u. $. A.
From The So LONE Repybieaa,
good deal Of surprise expressed Gt paragraph
In one Of the city papers intiDaiing that Gen. liarney
had been removed from the command Of this Depart
sent and that lie would he succeeded BY Gen. Lyon.
This surpIise was manifest when, shortly after
10 O'clock in the Distrc, Court OF the United States,
As amended answer 10 the writ in the case OF Capt.
A'eDonald read, in which he stated that, on the
pn vious evening he had been relieved from the
nal I'd u this Department by order dated OF he.d'
quar- ters the 18th Of May, but which moi made
know 70 him until The time stated. Where 1t baE
been, ,.or how delayed, matters about which the
public An know nothing, aud have not inquired |
Gen. Ha rney assumed command Of his Department on
fhe 10Th Of May, Immediately following tho occur /
yences Of the iOlh and llh, at Camp jackson and on
Walnut street.
On Sunday he issuei proclamation tending tooniet
Abe excitement which IefyGded the public mind lest
other axeessee should be committed IN st. Louis Each
Aay thereafter Witnessed clon which served 10
store confidence, and on the 2lst be and Gen Price
tic interview wIDSh resulted in the arrangement |
I'VE pence 10 the hslc Since that time a better