Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-12-09
The Case OF the Rev. J. ID. Benedict
-HIgh-handed PrOcsedIngs.

friends.
The Case OF the Rev. J. d. Benedict
-Righ-handed PrOcsedIhgs'
We recur to this case now for the purpose OF
giving briefly o connected statement Of its
principal features. This ia The case In which
Jadee N. K. Hall of the U s. Dnttict Court
FIR the Northern District Of New York gave
lin celebrated opinion on the Habsas Corpus
On Sunday, August 81. 1862. Rev. JUDsOs D.
BEsEDlcr, uuo is 9 regularly ordained minister
of the gospel, preached . farewell sermon to
his congregation at Aurora, E'Ie county, N Y.
The theme of his discourse Wss the duty Of bis
church In all the relations OF life, and pArticu
iarly, In relation to the war. Among Other
things, he gave It ss his opinion that the com
mand Of the New Testament was explicit tns
Christians shall nOt engage in var of any klOo
He referred 10 the Constitution Of the State Ui
New York, which grants military exemption IL
Quakers, and said he saw no reason why his
brethren should not obt,in Ike impunity. II
such we're not granted, in case Of draft, be
advised his brethren nos to resist il, but rather
90 law abiding citizens, to submit 10 any penal
ty the law might impose
On the ne1i day, Monday, September l.,
complaint was made to United States Depu
ty Marshal STEVENS that Mr. BESEDlor had Ut
tered seditioas language tending to discourage
enlistments Mr.. STEVENS went TO Aurora that
night, and the next morning took the afidavi.s
Of four persona, neither Of whom was mem
Der Of Mr.. BEsEDIcr's church. The contents
Of these afidAvits are unknown, as the Marshal
repeatedly refused 10 furnish the prisoner or
his counsel with the originals or with copies.
Mr.. STEVENS arrested Mr.. BENEDICT at his
own house on Tuesday morning, September 9
He took him to Buffalo, confined him In Fort
Porter, and on the following day, transferred
him TO the Erie County Jail. Applications
were made by numerous friends and influential
citzens TO the War Department. for the release
Of Mr.. BENEDlcr, but without effect. A peti
sion was laid before the three Judges of the
State Supreme Court then holding q general
term in Buffalo, for writ Of hsbeas corpus
The writ Was deDied-two Of the Judges, DA-
Ns and HoYr. refusing to srantit, and one,
GRovER. being in favor of allowing It,
Mr.. SAwM, the counsel of Mr.. BENEDIcr,
desired Deputy Marshal STEvEEs not to oppose
the allowance Of hsbeas corpus by Judge
H.LI, fs: the sole purpose OF enabling Mr..
BESEDICr to give bail, which be could do to the
amount Of Afty Thousand dollars with any con
dition the Federal officers might impose. STE.
vEHs replied he would consent to no such thing,
and he would oppose any order for his release
On bail which Judge HALL might make. Soon
after an agreement was entered into between
Mr.. SAwIn and Edwin /. CHASE, q brother of
Secretary CHASE, and since deceased. Mr..
CEASE was then U. s. Marshal for the North
ern District Of New York. II was agreed that
Witnesses should be publicly examined and
on both sides, and the Marshal
CEASE would forward the deposi.ions to " ash
lngton. % q
On the day fixed, the depositions of witnesses
vere taker, but taken in privsie-Marshsl
CHASE utterly refusing to consent to a public
examination. When the deposlions were Ru-
shed. and while Mr. BENEDIor's counsel was
having shem copied, they were taken posses.
lion Of BY Deputy Marshal STEVENS, who said
be- wanted to send them of Immediately.
Nothing further was ever heard of them by Mr..
3EaxDicr or any Of his friends. and no response
o them ever came from Washington. n
A writ Of hsbess corpus was allowed BY Judge
HALL, to which Deputy Marshal STEVENS and
he Tailor, Mr.. BEsr, were made parties. Mar.
halls CHASE and STEVENS had declared before
land that the Jailor should not take BEnEDIcr
c:Jpdge, ,HlLL's courtroom, and that they would
lss force to prevent IL. Marshal CHASE accord
ugly procured company of soldiers from Camp
9ozsan, and placed them in the vicinity of the
ell. But no force was used; II IL had been, IL
Vould have been resisted BY force.
AfteF the wfisof ha6ess corpus was handed tot
he Jsilos Best, Marshal Chase desired to sec
4 epditvss handed to him. He then refused
% return II. Subsequently, however, after the
natter had been stated TO the Court tho writ was
returned 70 the Tailor. who brought the prison.
y, BEnzDIcr, into Court, The object seemed to
10 70 prevent the Tailor from making return TO
~ writ b. producing She prisoner In Court.
Many other proceedings took place, which
Ee have not space 10 detail Finally, on the
cd Of September, Judge HALL delivered bis |
'pinIon In the, case, and mAds,an order dis
hsreipg the prisoner Az soon as a copy Of