, 1862-11-21
LAW INTELLIGENCE.
A Writ Of Habeas Corpus Is
sued by Judge Drunnmond
for one of 1l1e SOl<iiers
confined In the Pen.
itcniIarys
Important Decisien Of Judge Ma
neirre On an Application for u
Writ Of HabeaS Corpus.
He FULLY sUsTAiAs The PRESIDENT

Wf1I 01 HaUtaS G0fpA3s
iE FULLY suSTAiMs The PRESIDENT
UNITED STATES CouRT--Bcfore Hon. Thomas
Aummond - No. COL ChancerF. Luther
lowell appointed special commissioner to
AXE proof In DeKa1b county il this case.
Several ejeetment cases Were tried, bat 10 |
tens OF interest were developed.
4 writ Of ha5eds corpus Was applied for yes |
terday ii the ease of Joha Gallagher, private
IN the Goth Ohio regiment, who is now in coa-
1neuenL In the penitenfiary at Joliet, under |
sentence OF d courtmsrtial recently In session
ut Camp Douglas. The charge against him, |
according to The official order OF Brig. Gen.
respect to superior officer" The specihca-
lions show the ground Of the charge to be, that, |
upon the guard attempting to arrest one
Sda:th: y Leonard; Of the same COMPANY Gal,
LET him go; come back you d-d fool; let's
take him away from the guards If any Of them
puts their hands on me would shoot or kill |
thezs,," Or Wosds to that effect. The sentence !
was approved by Gen. Tyler, Nov. 8sh, 1868.
The applicant contends that the court mar
illegal; that the sentence Was not approved |
by The President Of the United States accord |
ing to the statutes in such cases provided.
Inc app!acsnt further States that Ten. Tyler |
h;.n.e3f ana no,ssnsd - Was peoeEen ~
ity. The Captain OF his cumoauy makes An
affidavit, which Is attached TO the application, |
E1e.o ~ that 10y TX ne as hnown 9allagher Tor
renntstion as an honest nrr;5ht n.n "a s,sat
the unanim JUS sentiment of the regiment ia,
that the conviction and sentence was upiust
and urdeserVed.h
Il is proper to state that Gallagher is not
included in the list Of those soldiers rho
t Mele recsaels pa1aonea oat o. tne pealtea-
There will be no session Of the Graud :Jurv
to-day, an adjournment having been taken to
oatu1aas &s ~ T. Ii"
elRcci1 coeRT or CooR cousTf-bto,s
Ho's. George Azsz"s<te'7e-:n tbs matter OF the
apTlleal0n OF hllllam Senple fer writ OF
lo1eds c0773us-Tha applicant is a rer.te- of
the Goth regiment illinois volunteers, Colonel
Cameron. He WAS arrested NJ, Friday charuad
s...1. ~ s40Se
the H White Oak'' at Camp Douglas. Thu an.
-1:.,t;a,. .1,o,.o- 49, -. :.
pnsahon 10 1 maeges I H., rnas ts Nc Is = nnaef egnteen
-e.1 n,ar,s,s. - 80 49, =, WV VI
pay, tnoIga LIZ has peen III l1s army o num-
ber Of months. Counsel also contended that
T., hoc,, roo,,1or,, ,,r.t,xoa ,.t. a..
ne nao Aese4 oee4 Y 'AA'15 1aUsle1o1 3nso tne
Service There were several new questioIs
,5,.orc,d ond +;,a oron,ne,te ooon,>:a;. -.
aosaneeu anu .n' u"en's oecaplea tae
court during the entire morning session,
51.;or f!nuan fhe Provost 51.rsho1 ,t +bo
-n'JeA o'H"A, t"e 'Ao*os' -t4i'aa1 oh tuo
| Camp, contested the application fo- 4 Frit
cn M. .ro,na that Genera, Tyler 1.a. no+
~ A1~ .es -'~A ""o aos
| bound 10 obey 1t II Issued, llesmuch as mar
| 4;o, Lao, had hepn ,,,oclafxond o,.r +ba r,x,,
.sat 1'' N 7,"s1.s. ,e1''.s. w. 'ne eaa'p
on7,esr,d for tae 1,sfit5oner.
| ts..s-s..e-",. -
| deAuE NaNs1EnNE oEt1SloS.
| The decision Of the Court was full and CON-
-. ,o,,u:,,r ~, Nv =, - -
Ettss eo'e1Ass so1 II" Ii ae1eeenee 10 enN3l-
| mems. aEG also, is to the question OF lariz-
dlction- VIC Append an au6tfacs Is 1uu as
our Ep6ce will permit, giving al the points
soo;5ca rha ro,,,t :,;5 '11'0
ess!usu- 4ns eoaaS ao
| The state courts have FoWer to Issue wFlts Of
hs1;ras ecfpus concrrE-ll:s with the courts OF the
United Siatea t7here retsup is illegally restrained
Of his ll,tz,y by naval military 1ilccr Of the
general t:ort-ntaenl. Such power IL net exclusive
u the couis u lls United ssates rs IL is held that
concune1. jurisdiction Of this kind for the State
courts in Eueh eases duiiEe 70 antho-i.y from Con
s1e=e, tut are simply l"f1 to the
ter1el IN them by the Slate Constitution
ard lwF. Hut this is HOT the case where the au
1ho.ity j. escussys]y vested in the Icurts Of tht
|
| Ot 4GIErtts. 5iory's GUm- Oh tons:., G22. -ant
tie viz ct bhtas cosFEs 1lay also be directed AMI
stnt to aI'y officer Of tiGoycrnment oE lAelnite;
s,a1ee III c:n.1nand Of forts, arssnals. doeksar5a
CT other public places, TIE nrisdictiou over whcl
nas bcsn ctIed to thc United Statcs by the State
where there ie reservation Of this right in tn
act by ,rhic; 1lle cession i n1a7e, But where n
such resetyst1on is mace, the ju1isdictiua i5 ez
susive IL 1he Courts o. sns Gni1sa S!3ses ard h
within The came. Ii Mass Gs, CT, So; ii PICK.
a<7; - New H., 1a4; . Jobu, 252; ~ JoAn., 3ass
Z 7:Gwtn
| State corrE to issue this writ to an officer
eon1uapa Of portion nf ihe arm; pf the U..ite
States stationed within The jn7is1lctiU1.l limit
cf Ills S,etc ia tin:e ii pcacc, there could BE-
e uucetltu Of the power to issue tie writ But it
c aiieged that the person who is restrained Of b
+ the pfr.1dtn, OF 11le Cn,ttd Sta!ca has declare
c ma1tia,law 10 exs1 and the guessoa arses wh-tbt
the T1esioeut has ,y eEch ae 10 excluded Il
CIVIL courts from :hsir ordinary Jurisdiction
= 1]acet Whcse the S1a:., has not c..icG excusis
a jurisdiction to The gentral government. On til
- prc=lioI. the colrt hc1ds:
Congress to provide for ealing fo7ti the militia
cxc6u,= il1r laws Of Sic Luton, SUPPRESS insurrs:
1t .lule sud rel,el 1nyasfons, ali th4E By tt
set OF Congress Of 1895 and statut'
s,nc, enrcscc. the presjdent is 1c1essari
sr c<,1sti1u the ju3Ga of the existence
,, th- ei. ICY and Il HoalG &c .sct according to b
le bc!iv1 Ut The facts II he does 50 act aud eeid
tp c; GU. The l,i:i1ia his orders for this purpo
~ az u, s.-ict e"sIu1lty 10 the Law; and il won
- seem 10 fs,lt,s as Il necessary consequence tb
cyerv ac: done bya eu:setdiuate officer In Cbet
II C. Ii such pfGcrs 1s equally iusIltiab:e. I
. fu;.yisluE II made Tor an appesl from or rerit
y of the D5t ;oe.sLte Spinio1 Aud Whenever IL
q. r,yts y dis CT t.is.uar4 pusver to any perspn to
IT. t.x.,cist Il hy hin. uut1n his own up;pjoa Of t
n fac1a h. II thereby Constituted the sole aud exc
4; tIye iudee Of the tSiste1 &C CT those facts Su
&c is the !a1gus.e IF express aanjudications.-Mart
y Mott Il; Rheat. ~, 30. l !; 8 Story; Com.
:.ul.t 81, Tic FsderAlis1, No. 20
And futliitE, By The Euns1itut ;on Of the Unit
~ Siacs the llrcsi1snt is lEca.Gd to BIZ Command
:r-chitf If i!e aruy ind t:.sJ Of the United Sta
=. asc II ,hc 11i!i;ia ef The several States VII
can .n'e NJ ~ seean. , T.. xr;t asT ~ - deteT
.ed | IL: rx,E. ney AID 10 comnanL the forces cal
o7s | i,1o 11l: fsEtd 10 suppress 5nsDrEcc.iou, he
he thtieb3f vested withthe tolc sEd exclusive poy
cy t1 l.Ert jill the ahseAc Of 1eglaatlon Gn the g
ior 5esi) Of jedgiu; and determining vaat mcasu
G'1t. It thc;e IL power under the constitution
LUZ t a. .i en NH, x;st IN tn:.Tr
re. T;d Ii. ruI IS rtt bstu ex-7risrG and he is
lat r.spt to the people Gos the abns: thereof
lis. ttiIusIon.
M 1ns lnas pp ~ n1rar W. ~. o,cs mo i unas; -
nee 1iacra within she Jurisdiction OF The loyaE ST.
n well as within ING s'a5es IL ,nsurfectl"n,
pon .e army q tne o,nlgS 3sE lux i
lls Judgment tlr exigercies and interests o1