Indiana State sentinel., 1862-11-03
A Case OF Outrageous Invasion of Per-
sonal Liberty.

patiOn ODerride the HabeGs C0rpus-The Case
of W H. Winder
We copy the following from the New York
World of October 81:
A telegram from Boston informs us that on
Saturday afternoon an application was made to
Judge Clifford. of the United States Circuit Court
for writ of habeas corpus in the case of Mr W.
h. Winder, of Philadelphia, political prisoner
now confined m Fort Warren and that Hons g.
w. Bddle. Peter Mccall and VIM B. Reed,
three distinguished members of the Philadelphia
bar, appeared before the Judge as Mr.. Winder's
counsel.
Mr. Winder has been prisoner OF the Govern
ment for more than year. Early.in September,
1861, he arrested in virtue of an order bear
ing the signature of Secretary Cameron, without
warrant imprisoned without trial in Fort Lafay
ette, subsequently, taken TO Fort Warren where
he has since been confined, uniformed of the
cause of his arrest until after the lapse of more
than half year, never allowed to confront his
accusers of whose charges Of disoyalty no proof
was ever given, and to day is as guiltless of any
crime known or unknown to the laws, of treason
or the abetting of treason, any member of Mr.
Lincoln's Cabinet.
Last March Mr.. Winder wrote 10 Secretary
Cameron, begging to be informed at whose in
stance and upon what representations he had been
induced to issue the order for his arrest and CON
finement in Fort Lafayette. Secretary Cameron
replied that he knew nothing of his arrest until
he the fact stated in the newspapers, but
presumed that it was done by order of the State
Department, which had charge of such cases. -
To this Mr.. Winder replied by transmitting
copy Of the document on which Col Burke took
charge OF him and placed him in the fort-this
being introduction by Wm. Miward, the
United States Marshal of Philadelphia, of his
deputy, Mr.. Sharkey, "who carries with him Mr..
Winder, to be delivered to your custody per or
ders of the Secretary of War" and also a tele
graphic dispatch TO Mr. George A. Coffey, the
United States District Attorney: Have tele
graphed Marshal Millward to arrest VIM. H Win
der, and transfer him to Fort Lafayette; signed
S. Cameron, Secretary of War"
To this message Secretary Cameron promptly
and curtly replied that he had sent Mr.. Winder's
letter to the Secretary of State, ard disavowed
all knowledge of his arrest with request for
his release if he had been held by his Game
ron's) direction.
Mr. Ninder also made an appeal to Secretary
Seward, upon whom the responsibility of the ar
rest was thus fixed. an appeal afterwards rein
forced by the opinion of Cabinet officer that.
notwithstanding Mr. Winder's decided political
differences with his opinions, he had none the
less confidence in his loyalty and patriotism.
Secretary Seward had caused an order TO be read
to the State prisoners in which he stated that the
effect of prejudicing the case of such parties as
did it, would be deemed an onense, and would
occasion prolongation of Imprisonment. In ac-
cordance with this ORDER never having employed
counsel, in December last Mr. Winder addressed
a letter to the Secretary of State in which he
stated his ignorance of the causes of his confne
ment the breaking open of his desks and chests,
the ransacking of his private papers, the pubca
ton of their garbled and misrepresented con-
tents, and requested permission TO 90 to Wash
ngton for investigation of his case, or a
statement of the charges against him, the full
testimony and the names of his accusers, or else
an unconditional release.
To Secretary Stanton in February. and in May
to Gen. Dix ard Judge Pierrepont. the Commits
sioners appointed 10y the War Department for the
examination of political prisoners, Mr.. Wnder
reiterated the circumstances OF his case exhibited
the proof, the declarations, and the admissions OF
his innocence and loyalty. ard renewed his de.
mand for unconditional and prompt release. he
stated to those officials that in common with his
fellow members of the company to which he was
attached he had taken oath To support the
Constitution and Union, and declared that he was
still under its responsibility. He declared too,
that he was ready on every proper and lawful oc-
cason to take the oath OF allegiance thousand
times. but Mr.. Winder's release was rendered to
him IAN admission of his undisputed irnOcence)
on condition of his taking the oath of allegiance.
He declined to accept release upon those condi
tons. A second time release offered. accom-
panied by letter of explanation from Governor
Seward, intended TO remove his supposed obec-
lions. stating that support of the Constitution did
not include support of the individual members of
the Administration.
Mr. Winder replied that he was an innocent
and loyal man, uniustly arrested. illegally imprs-
oned, and his ojectOn to taking the oath applied
TO all tests and conditions which for an instant adj
mitted that he had done anything inconsistent
with the character of a true and loyal American,
and of course declined again release upon terms.
AS discriminating test, imputing past and in
tended future wrong he said that it was not pos
sible for him to calnmniate himsel { by taking the
oath. and that he preferred the interior of Fort
Warren with the mems eonscia Tecti to freedom
purchased at the expense OF character
When the Secretary of War announced that
the President would grant amnesty for past of.
ieDses and take parole against the commission OF
future ones he refused TO be turned loose stained
with the unnamed guilt of the past supposed To be
covered by the amnesty =" and the equally name
less guilt of the future averted by the "paroe.
With no power TO compel vindcation OF himself
against this stain, 10 remove the cloud from his
name, he declared t an exquisite aggraration OF
the wrongs already done him. which the order
admits aud purporis to correct. The wrong done
WAS Illegal incarceration without charge, proof
or trial lhe redress proposed was 10 confess
that there was wrong and 10 receive amnesty
therefor, to acknowledge intention OF future
wrong. and then 10 give parole 10 forego such
intention Mr. Wnder again renewed his de
mand to be reinstated at home in his original po-
sition before arrest.
His demand has remained unfeeded till the
present hour Now through counsel, he has ap
piled 70 tho United States Court for writ of hat
beas corpus Our readers know with what con-
tempt Judge Halls action was treated in the late
Buffalo case In the case which recently came
before Judge Smalley in Vermont, Judge Advo.
cate Turner, by order of the Secretary Of War,
teegraphed to @ p Baldwin. the United States
Marshal of the District, this despotic and illegal
order:
PAY no attention 10 the habeas corpus for the
liberation of Lyman Barney and Field and ii
any attempt be made to liberate them from Gus
tody resist it to the utmost aud report the names
of all who may attempt IT,"
Ii the Secretary OF War shall attempt simi.
lar proceeding in the csse Of Mr. Winder, or
President Lincoln shall sanction any, the slight
est, impediment TO the orderly course Of the law,
and the doing Of justice 10 an oppressed and in
jured man, there will then have been consumma-
ted such body Of outrageous tyranny as should
make twenty millions OF people blush TO bear the
name of American citizens.
Politics I'm the Episcopal church