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

nAd,ce nAn the body Of tie ioner, wsu ,ne s 49,
H. detsnfion and witt all 'he pSpute =, Ihe he desic
mens connected VIII voc & Saia asId writ Of babeas cor
naIeo :. ;ssnsa hy Wm Thos CaIroe Nler '.no =, ;
So,roe Court Of The Un'ted Staes, nf he District
ssa, IL sbond be s-rved by the Ms,Sua ,boized depu-
tsac = or by Que OF the legally h.
OF Columbia, 81 ~ eryed according 10 tire 0rder oy
ti0s; 80 of the MarshSl upon Colonel L;s a..
TT,onf Colonel Gormsns noh-sPPc ns o,,acbuent
ssnlt was entered, and WI H., the writ OF |
toi oonvsP P Tvss ,,riered to be issued, ana 70 %
,,e5 mon him bs Tie Marshall ~ we we 60 nro
.d and Col Gorlnan, by leave OF tne Noui., Ia
ssnted his answer thereto under oatn' ~ ,s ,ras
esn.o t ~ tho tue tie writ Of habeas corpus wa
,a ,,ron him he was at Edwards terry, on 'io
po,omae forty miles from Washington, 5asse and
,nitsry duty, requiring lis immedle'e d;.bSrged
sttenti1D-that ar sooi as that uu'y W19 IN 6ill
NJ N. conld leave his post, ne FASTENED "i'A ..n m
gepce 70 Washington 10 make q lu1i s1 ~. ~oaach the
sbedeuce to the wn, but that nc couu ~. he time
.itv uutil the evening" several houis = Lon issred
!S.iee6 and after the attachment hsh ou.- ~, - 80,
~ ~ IA mo drsiyu 10 disobey the authority VI
cess of the Court; that bis default Was So ,otS
pnblio duty beyond his eoutToi' anu s' h;n eniiely
rsadv 70 make hs return. Inc Cou Co.;oi 6;eobience
..;is.5 hi there had cen no lntehtlonai ~ W. ',
.,-, S;scLa- ed tpe attachment WhhVus e"s,oi
ia on morton permted the return 70 DC n'ue " '"'
writ Of hgbeas corr Us. - -. --os os follovys. That
Ino S,evens was at the time Of exhibiting ms
1,.; a rrlyate volunteer soldier duly enrolled,
P"rd and received iuto the service Of the nited
Sstes ON tie ~ Of NayiR1, SO volunteer Ia Conlr
nsny b. let Regiment of Minnesota Volunteers, oA
xb;cb This respondent is duly commissioned as o
Colonel and that EXCEPT for the military duty ana
erviee due from him 70 the United States az volan
teer rvate in IL, reg mei I, Stevens has not DC
and h not improned iG the custody Of ibis Tespohd-
ent That uion the service of the writ Of habess cor
ms Stevens ap' lei 10 i'm for permission 10 depart
from the camp Of tie el imen and 70 proceed 10 VAN
ington to appear btore the Court upon the reur oi
L.. .iorxu n C..
and that be is low here TO abide Its order.
That ss 10 the preteuse OF EDWARD a, Stevens, SCI
forth in bis petition that be was soldier Ia tns eg
ment for tbfee months from the 29th OF Aprl, teo,
and that the period OF lis servee has expired respond
snt saws thai on the 18th day Of April 1851 the Presi-
dent issued call for 75o0 volunteers into the service
Of the United States soldiers for three months, upon
which call Edward A. Stevens and bis assocaiee uid
volunteer and tender their services the Uni Cd States
for three months. Bnt that subsequently, and Wlhe
the regiment was Fort Smelling the President on
the Sd day of Nay, by his prociam91 anon called lor
SO34 to serve the UDed States for three years, I'M
less they were sooner dis barged that tbereupon the
soldiers constituting the LIST Regiment OF Minnesota
volunteers Of which Stevens was one, did on the 2'th
day of Nav 1861 volunteer and tender helt services
70 The United States for three years. during the war;
unleps sooner dschEratd and thai IN pursuance OF tee
procamations and orders of the President the lat Reg
iment Of Minnesota Volunteers, OF which stevens was
one were duv enrolled mustered, accepted, aud re-
eeived into the servi,e Of the United Siies s Voin-
teer soldiers from the Saie Of Minnesota for three
years from the 2Oh day Of April, or during the
war, unlees sooner dischargedi that tne term OF
service of Stevens has not yet expired, nor has
the regiment been discharged from service That the
regiment and Stevens Is private aoldier, from tne
time of their acceptance from the call OF the fesuen
on the Sd day of May and their acceptance OF that call
On the 9th Of the month, has been equipped,
clothed subsisted, and paid by the United States as
volunteer soldiers from the State OF Minnesota II tne
service of the United Sates for three years from the
29th day of April, 1861 or during the Col Cor
man further says that be is personally aequaned with
Edward A. Stevens and personally witnessed mat ne
was inspected, examined, ana voluntarily reported,
rendered and volunteered himself and accepted as
q soldier into the service OF the United states Tor
three years or for during the war, and that be Is
slso acquainted with the Handwriting OF Stevens,
and that the sisnat.re OF Edward a, stevens
by Capt. Dowlie, is the genuine signature oil
Edward A. Stevens. and that payment was made 6o-
tween the first and third OF August last. AND that
further TO any pretended errof or nformsiies Ia
respect 20 the tender and acceptance Of Stevens and
his associates in their ensuent and enrolment for
three years without admitting any such 70 naye taken
place he saws that by third section OF an act OF
Congress approved the ttb OF August, 1861, to in
crease tho pay OF tho privaies IN the regular army
and the volunteers 10 the service OF the United States
and for other purposes, II was enacted mat ali the
sefe procamatOns aud ders Of the President OF the
United States alter the 4th Of March, 1851, respect.
ing the army aud navy Of the United States, and
calling out relating TO the militia or volunteers from
the States were thereby approved and In all respects
the same effect # they had been Issued and done
under the previous express authority and direction OF
che Congress II the United States and that the said
Edward A. Stevens bath not been and is not held un-
der any Illegal Tesirsiut
The return of AoJt Gen. Thomas, Major Pauldng,
Edward II. Brooke, aud muster and pay rolls con-
nected with the regiment for which the said petitioner
called.
TIE affidavit OF E. II. Brooke is az follows:
Edmund Brooke being duy sw0a dePSselb and nth
3 Ss S bs Usisd s Sa ssd ID 's s sSs he T @
sestod b. tho sgnsme Of L. Ihouss General ae
spsss oce relating 10 ths Regiment Voun.
teerA comnsded BY Col Wills Gornkn ana together con
That By the and practice q he Government; pIem
nsTy 70 psyaent o. any trepel made 90. and
sT sse By the company sps reenentsi oeers which h re-
Ihs Paymsss who TIE Icsn sa otarns thea % Tee
TIE sffdsvit Of L Z. Panding is as follows,
"Kdwd T. Ps.lonI beng deposeh and sslth that re
Payss1sei in the service Of Unso ses ofhe rank Of
That as syrpss.sr be paid Regimen. Of Biiunsso
ycsnsse utasnesd ey Ceons GsIa is5 tfsr ssfyiee'
That he nade the psynen to Edward Stevens specified
s No. and al ss & Sy Of 1 sd q bs s
os'dsC .ss % ss msfc no sss tns ssse rS :.
the payroll aud genuine signature Of EdwsId
seyen' private in as b, TO whom the payment
THAT the payment said regiment sasas snd accepted
yeE nsn which dnsI hom the resolsons re.pecng three
sssnt ss sosr The city d %ssSnsrsn 1''' D' ''
By the and prec ice q tho 0oysinme1 preliminary
the payment Of regiment muserTc ID made by tbs
oomuandng officer OF the company and certified By the officers
commanding the resnsn AID on that mUs.srrOn payroll
other thing tbs ark AMI age Of tho soldiers when
where srd by whom they enrolled the term Of service
Tor which they enrolled mustered snd accepted into
vice when, where, and by Thou they UlrsTsd into
seryice. The payroll specifies tie and rnk Of the
soldiers to whom 10 70 be made, she period Of
vice foS which payment is 70 bs made, deEisnsting
ehan commences and the time which 10 made
the amount psd The signature Of the TO whom b made
aad the company ohicey stiestns payment.
rne nes.r oh and payroll are fled in the fsym.ssors