New-York daily tribune., 1861-09-10

ExpaeIu the Of Edwai s'eveus petition fors
writ OF Hsoeaa COroas, al sutyciendum
OPINION or THE HON. JAMES NJ. WAYNE,
AooIss. Juses the supreme coa Of the United State.
This case AZ far as It's me- its were disclosed BY The
petition and return 10 the wit Of habeas corpus hsf
been under my examination for several days, and
now il having been fully argued, shall proceed at
once 70 decide it.
The argument has been pre- ise indicating with more
than usual accuracy the points be decided, and lesv
ing nothing to suggest which has not had the con-
sideration OF counsel.
Before stating the facts Of tn will merely OBJ
serve that the points be determined have consiiu
ton Al connection with the powers of Congress ~ de-
clare war; 10 raise and suopo arms 10 make rules for
the government Of the land and naval forces OF the
United States, TO provide calling forth the militia 70
execute Il laws Of the Unipn suppress insurrecton
aud repel invasion 10 provide for RanziDg and dis
cipliniDg the militia and for governing such Part Of
them as may be employed in re service Of the United
states and with the Presidents obligation 70 take
that The laws be faithfully executed and with the
st,utional power of Congress by its legislation 10
adopt al legitimate acts done by the President In
great national igepcy in iulillment ofthst duty.
IL viii not be necessary however, ia this case 10
discnss these points in detail The scte Of this pro-
ceeding as they are abont be given, show the con-
neetion between them aud he constitutional powen
Just mentioned.
These facts will be gwen as they are found in The
record.
On the 10Th day Of August los. Edward A. Stevens,
residing In the State Minnesoa, ard describing him
self to be private soler in tie s Minnesota Regi'
ment alleges that in the mouth OF apii lat De youn-
tary rendered at Fort Smelling bis services 10 the
limited States as q col Ter tor three months. IN ODE.
dience 10 requision OF the President OF the United
States and upon call OF the Governor OF Minnesota
In conformity with IL. He then affms . has there
were great irregularities in the conduct and proceed.
ings OF the United States officer who was authornedo
accept his services aud that lie did not on that or any
other occasion sign any muster-roll or article Of en'
ment, or make any declaration on oath or otherwHs
IN
as n soldier, or 70 80 In any other eapacfy.
He then proceeds 10 state that nevertheless the req,
ment including hnself Of t. was received ana
mustered into the service OF the United States ior tns
period of three month";, from The 9th day OF April
1861 that be has done faithfully, Loyalty, and truly
and fully performed every command duty, ana can
upon him, us accepted 'oluneer. That tne Term u
three months did expire oh the 18Th day OF July, i9c
aud that he has become by laws u the land andy
the terms OF his said engagement entitled 70 tn sao
homo, able discharge FROM such ser'ieei tnat ne ~
asked for such discharge and 10 oe mustered OUT oi
service Of the United States. but SAID discharge n
been refused He further states that the regiment Wa
first marched from the State oi Minnesottio 'ne DE
trict of Columbia thence TO the State OF virginia, ae
performed duty t WIS required In camp, ON 'ne.
various Marches and on the held OF battle On Tue %
Jnly mast That after said battle, he returned WIZ
the regiment 20 the District OF Columbus, ana reinans
there until after the term OF service ior Wmen ho
engaged had expired. He then says, tmnAiDs
b;1.en and others In the regiment entitled 70
discharge that they bad apllied for II, but hsSs
sSer Sof,a;ped without having been informed
mon what grounds their request had not beeh
complied with. He states tiaf two distinct AZ
nEes,ioIs have been made at bis instance IN Do
half of himself and others Of the regiment ior .
discharge. without success; that Richard ). Coke,
ESQ., ne their attorney and counsel, dd on tne % GY
of August, place = sta ement IN the hanos - ~;
Tow send, Assistant AdJutauJ-Generai IN tne army
the United States, exhibiting the grounds on whs s
their claim for discharge was made, aeeompanee
document signed BY large number 0i tne er;oe
which was addressed TO the Se' retary OF W." scsrH
for dis barge That, no answer having been Ie'1 ~
| 20 the same, Mr.. Coke addressed 70 sSt"onst
Tbomas another communication on the ON OF sJs -
for the same purpose, asking for an cary , Der
which no response WIS mare, ou. suas' % 'a'Sms5, ys
tie first apphcation pre'en'ed tne ieg ;,n ,bs
marched out of the District oil Coldnola .ls,S ln.J
County Of Montgomery, In the cls'e " a
bevond the jurisdiction OF the Jndiciai M b;h
the District and the reach OIL Iner ,;, tbsir coun.
thew were deprived OF all interooar,o VIZ" III, ~ no
| - Irba petitioners further declare tnas '1ey a ~
n,and ,hst II has been given odvby Coi oorS .h
rnder whose command the regiinehs .pi',nu' ~ s. rs.
your petitioner and other msmoeIs " - ,Ss Initel
id according to ia~, ioto the service oI tnn lss
S,,ss on the 18th OF april, but that they Ss,s
ansrly .e-enlisted and mustered on o, anou ~ ~, sr
~ Nav ior ueriod Of three years or durpx xisut s
under second requ',,on Of sa aso;es n and assss
49,, n, Irutb can only be Sustained by tne pfouue:S
~ tba enliatnent musIerrolls, or deearauoh ,,sf
NV law bearing his signature; and iu.tnef, ~ sbsf
| for his discharge ne ados, nas w. - frv and
eyery recruit, before lie eniis's sloole Ds , into
shfollv informed OF the nature OF the contIAss Il
Mhcb he Is about to enier that such inOr1.ao;o ,aS; n
~, entail 10 give validity 70 the enlistment ana
no espect were the requirements Of tue law IN -
60 as 70 create valid enlistment or and thss
ns,t 10 serve the United States O. soidisf Ssr hs
he restrain, under which he u now hsia, upp Mn.
rretended right Of the United ssiss 70 n0ss a. sWs
wholly illegal 7hs foregoing sssieinsnss ~ prsys,
70 by shs petitioner and IL eonPllanes WIN "a swst
;ns 4, Ss,seS ssTSr ss. va aisscss6 s Cob Was