Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-06-05

ADemoeQ AAsWoFoh NoMs nefMoy.
The following is the amended answer Of Gen.
HARVEY 70 the writ Of habsas corpus, In the case
OF McDoNALn.
Leave having been granted to thu undersign-
ed 70 ameudhis return to the writ Of habeas
corpus heretofore granted on behalf Of Emmett
Mcdonald, deem 1t proper to submit the fol'
lowing preliminary remarks: fsfEs
With no feelings or interests in this matter
to swerve me from the plain path OF duty,
should, under ordinary circumstances, submit
my return in q few words. But In the discus
sion had upon the question as to the sufficiency
Of my original return, @, very wide and extraor-
binary range has been INDUCED, involving, as
conceive, If not In terms, at least BY implica-
tion, my good faith and frankness in making 1t
out.
Proper respect for the authority Of this court,
as we'll as simple justice to myself, render 1t
Git that should be allowed Q word in explana-
ton and justification of my course.
In making my original return, intended ana
undertook to state, that at the time OF the I'M
petraton of the writ, or at any time since, nad
not the body of the petitioner in my custody,
power or control, and that bad not the power
to produce bis body before this court.
By some process of construction OF language
incomprehensible to me, my return has been held
insufficient, and my plain intention in making 1t
was not accomplished.
To the decision of the Court, cheerfully
submit; subordination to the requirements OF
the Constitution and the laws of my country,
and prompt obedience to the judiciary, as well
as to the commands Of my superiors, are part
of my military education, and in accordance
with nv principles and convictions OF duty.
The constitutional and legal duties resting on
executive or military officers are as imperative
and unyielding in their requirements as those
resting on the judicial officers of the govern
ment In the discharge of these duties, execu-
tive or military, not less than judicial officers
"must grasp at nothing, shrink from nothing"
In the discharge of the delicate and highly re-
sponsible duties devolved upon me in this mill
tary department. have endeavored to conform
my action strictly to the requirements OF the
Constitution and laws Of my country, and faith.
fully to uphold them with scrupulous regard
to personal liberty, and the rights of property
within my Jurisdiction. shall continue to act,
while hold authority here, regardless of ex-
ternal clamor. now proceed to state all the
knowledge and information have touching this
matter, and to make my amended return to the
writ of habeas corpus in this case.
OF my own knowledge / can state nothing
concerning the capture and subsequent holding
of the petitioner or of his subsequent transfer to
another Jurisdiction. l have been informed,
however, that the petitioner, before and al the
time of his alleged capture, owed allegiance to
the government Of the United States; that at
the time OF his capture he and others, with arms
in their hands, were engaged, in the State OF
Missouri, in levying war against the United
States, that he was adhering to the enemies OF
the United States, giving them aid and comfort,
and that, while thus engaged, the petitioner was
captured and taken and held as prisoner OF W ar
by the officers and men under the command oil
my predecessor.
/ am furthermore informed that my predeces.
sor subsequently Gas he had an undoubted right
to do) transferred the petitioner for safe keeping
into the State of Illinois, and placed him in
charge of officers in command of General
Mcclellan, who then had and now has COM
mand of the military department of the govern
ment which embraces the State of Illinois, and
the petitioner from the time of his capture to
the time OF his transfer to the State OF Illinois, az
aforesaid, was, as l am Informed, under the
proper control, custody, authority and command
of my predecessor.
With the capture of the petitioner and his trans
fer, as Aforesaid, to another Jurisdiction, haC
no concern, neither was it done by my order oil
command, and all the foregoing occurred before
1 had any knowledge of the application for, Of
the granting of this writ.
In making this statement, desire it to bt
J distinctly understood that / do not shrink from
any Just responsibility that attaches to me sine,
my assumption of the command OF this depart
ment. On the contrary, ~ grasp at nothing
shrink from nothing"
r But proper regard for the public service an
: high sense of duty require that should care
, fully abstain from any course of action tina
might by implication or otherwise embarrass o
3 throw doubt upon the official conduct of m
r predecessor. As to matters within my knowl
!, edge, | state that at the time this writ wa
issued had not, nor have al any time since
had the person of the petitioner, Emmett McDon
aid, in my custody possession, power or control
My Jurisdiction or authority does not extend be
yond the limits Of this military department
and never had, and have not now, any juris
dction whatever in the State Of Illinois.
Thus matters stood up to the time the deci
!, sion of this Court was pronounced as to the suf
fciency of my original return. Since then
have received orders dated May l6, 1861, fror
the War Department, relieving me from th
{ command Of this military department, and Ihay
therefore no longer any power or authorit
within this jurdiction.
Therefore, by reason of the aforesaid, / stat
that have never had power or authority to con
f mand any one to produce the body Of the pet
n toner before this court, nor have such pow,
!, power or authority now, nor have the power no
IL to produce the body Of the petitioner before th
l. court in obedience to the mandate of this wri
d nor have had the power to do 80 at any tin
since il was issued. beg to state, in concu
sion, that immediately after making my origin
10 return to this writ, communicated the fat
t. with all other facts within my knowledge r
ating to it, to the proper department of the 60
ernment, but up to this time have received
y reply to my communication.
r, WILLIAM s. HARNEY,
q, Brigadier General United States Arm
}. Subscribed and sworn to before me this 81
70 day Of May, 1861. ]. WEST THOMPSON,
" Notary Public.