, 1862-01-30
THE MECHANIC: FUsll.EERs AGAIN.
JUDGE DRUMMONDo on MILITARY
AUTHORITY.
AN1NTEREsTINE KABEAs GOA PUS
SUIT.

SExE. !
In these co.uns few days since We detai1ed
at some length tho case Of one Elisha G. Jones,
q member Of the late Mechanic FusiEeer Regi
mint. A wit Of habeas corpus had been ap-
piled for before Judge Dru1n1nond, Of the
United States Court. The writ was issued on
Saturday, returnab1c forthwith to Master IN |
Chpnccry j. T. Moulton. ". E. johnson,
Special Deputy MarshaI, served the document
| upon Licnt. Col Sherman, Of the Fusileer
| Regiment, but it was ignored and the body Of
Mr.. Jones was not produced iu Court as by
! the writ directed.
The Master on Tuesday made d report
| Of the failure to Judge Drummond, and
! the writ having still failed Of its effect, tic
| Court ordered IN attachment to issues for the
person Of Captain J, Lawson, Of the Company
in which the applicant for discharge was
| member, foF contempt, also retuTnahle foEth-
with.
Upon the issuance Of the writs the Court |
made the following remarks which will be |
read with interest rs touching upon military |
authority in contact with the law-the first |
case which has happened in this State. The !
Court said:
There is little informality il the form Of the
. Nflt. IHE WE 10 u1tEe II IL
the usual way, but inasmuch as it was supposed
, that the parties wished to make proofs, and the
eoa a ths It
be referred to the Master to take the proofs and
report them to the Court for its action The Mas
| | ter was to have no power over the writ or the
perzon held in custody, but when the facts were
reported the Court would have full power over
eaase eSa tbs was
Of the Sr There can BE- h. dSab Il
the writ equally IS il It hid been in form directly
;. Teturrsble in Court before the Judge II Il not
e disregarded It vas served On the ofaeer-capt.
Il Iawson-who had the prisoner in custody On the
18th day of Januars and the Master reports to ne m
'r courtesy, merely to inform him that when. it
70 officer who had desired him to take no notice OF
The writ; and that was the reason Why be disobey-
seems therefore rom the facts before that the
u Captain is directed BY his superior officer to dis
II be- sinnlar State Of Affairs i there were no re-
dress to party who had been forced into the ser
Or vice in violation Of law.
~ ~ The contract Of enlistment under existing laws
Eogntaty contract on the part Of the sol soidier .S
bep tic nature aud and Il he
tract, it would be strange IT, when made, ono party
it-were authorized to interpret to determine its
e The Government calls upon the soldier to enlist
he as volunteer the service Of the Unitea States
o. hin q 81 Ply
IN he courts Of The country can in question the
as validity q legality Of the eni istment This would
ry reached state Of affairs in this part OF the
n country, at least-
s,ates OF foT the State by law to eomp the service
ca Of the citizen to defend the Government from
p me- ere 81 ea
r, his rank, not the President himself. CAL c9mpe
fr the citizen to serve in the armyEof the cnltet
al This being so there must be power somewhere
RS to determine whether there has hesn binding
5r now vested in the courts Of the country It Is b
re- The great writ qf tig to Herzonal 1eI t1at h tn
zen % espas 10 citizen IN proper case, should Be d.
MED Ills writ to test the validity q his ipEisou
5,n an oer aEeT Sd % lis stapa 5sn n tn
rly Do not yet know and hare not 9E,.,h,9 hear
~, in this State. Congress might undoubtedly suspen
me a : hsa a hs
s Ss & Fl
ave IN this State Indeed the necessity Wonid seer
to- ae is nefF bee oy
om- Government und to the Constitution. Jurie5 at
y anS5s M epsen as Toaa Rns
5rc the President Congress n declaring thas y
the hs5 and AR 5e Pr M t. Of mf9ey ts II
du military power and authority: At any rate, q
IN willing to test whether this is 20 Or not, and
~ shall order writ Of attachment to issue again
the officer for dieoheying the writ Of h0eas corp!
the served Oh him In this case.
es. Up to The adjournment OF Court last eve
o11 ing, the writ had not been returned. OF Il
b merits at issue in the matter Of the attachmel
art writ it seems to lis there can be but one OPT
ion Officers as well rs soldiers should unde
stand that enlistment does not place them
~. yond the authority Of the civil law, the exa
contrary OF which seems to have obtained to
resi- large extent amongst this class Of the comm
the nifty, Of late.
,city
The os1 ioAaef - =, NV ensaan' ~
atom 'o. 10 an's .s e.4,' ,sad
~ .n the north by Polk street is guarded by &c
! 49, tary policeman. Considering the extend
alton spaee ~ a,ss ~ pa'.'l 1uo 49,. ~
t;o,,' man is very like a needle in hay stack, a
,ofnt. , Of about as much importance.
d on C1TT TRAcr AND MISSIONARY SOCIETY
rocity An adjourned meeting Of the Society will
- held at the room Of the Young Mems Gu
~ a tan Association, this (Thursday) afternoon
= O'Clock. Action will be taken upon the
Of B. elIc1oaf " LII uo'1e''''ou eohl4otA'e' al
full attendance is requested.
E. F. DICKINSON, sec'y
LIST or NEW ENGLAND VOLUNTEERS!
ygag9 M Boston Almanac for 1862 contains an alE
lotion bctical list by regiments, Of all the vo1uptt
ind5- from New England. Copies can be obtai
;itor from J. r. Walsh, corner Of Madison ST.
y the and Custom House Place. Price 80 cents.
ljudg- e"N -
:, ~ General Order No. 4.
:ignal HEApQEARTERs 51sT REG z L. o.,
Ma CAMP DouGLAs, JAN 10, 1862.
tc2go. The Fifty-frEt Regiment Illinois volunteers
oes ing received orders to prepare and hold itself II
15oa for immediate service in the field, 1t Is ord
en- aid that all fuTloughs heretofore g1antedto officers
No. men In this regiment be- and the same are he
II C, | .s ~ .a.,.n ,,5 ,.o, 1,,,,,s,