Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-09-13

AAP9RFAET DECEsEOE-TEE con-
sTITUTEON INDICATED.
We lesm from the Mississippian that sn i'm
poTtant Aq5oas corpus case has just been decided
by Hon A. II. HANDY, Of the high court OF
errors and sppeals Of this State, the rulings in
which win no doubt determine the extent Of the
power Of the military authorities, and prevent a
recurrence Of the numerous instances of person
81 wroHg chat have been suffered
The facts are briefly these: WILLIAM BUR
LSGAolE applied by petition for the writ Of
hajeas corpus alleging that he was illegally
held in custody by the provost marshal. By
order Of the judge the wit was issued, returna-
bic on tie both Of August, before him at Canton;
on which day .he provost marshal made return
to the writ, that the petitioner was heldin custo-
dy under orders Of the military commander of
The district, for offences against the Confederate
States, for which he was upon trial before a ni-
itaTy court, and declined 70 produce the prisoner
in obedience to The writ. But upon q rule laid
by the Judge on the provost marshal, TO show
cause why an attachment should not be issued
against him for contempt, that officer produced
the prisoner before the judge, by order Of the
commanding general, and made an amended re-
turn to the wnt, stating that the prisoner was
held in custody by him upon charges Of commit
ting treason against Ha Confederate States, and
Of actiRg as a sPy to the enemy, and that the
accused had been arrested upon these charges
By the provost marshal, Il Tangapaho, Louisiana.
The case YVES tried on the facts stated in the
returns Of the provost marshal TO the writ of
hajsas Corpus, snd the affidavit Of the accused,
stating that he was at the time of The commits
sion Of the sileged o@fense, and had been for
several years past, a resident citizen of the State
of Louisiana. there being no further evidence.
Ne counsel appeared for the prosecution, and
the case was argued by FRANKLIN SMITH, Esq,
for the prisoner, who commended, on various
that the prisoner should be absolutely
discharged.
Ia deciding his motion, the following points
held by his honor, the Judge:
T.. Th1t the order Of General Van Dorm, de-
,lsriag martial law in this military district, was
not authorized by lhe act of Congress of 9th
February, 1852, the power granted By that act
being conferred solely on the President Of the
confederate States and, therefore, that the ar. {
Of the prisoner was unauthorized by that
.ct. -
,. That the prisoner, not being Gn officer or =
older, or otherwise attached 70 the army or j
.avy OF the Confederate States, or the militia, is
lot smen8ble 10 the jurisdiction OF the military q
0uTt which now has him on trial since it is
rovided in article /, sec. Q, No. 10, Of the Con-
ltution of the Confederate States, that "no
srsOn shall be held to answer for a capital t
z otherwise infamous crime, unless on q pre-
eminent or indictment Ct q grand jury, except .,
Q eases arising ~ tie i0nd or nGUat forces, or IN u
G militia, tchsB IN actual s~crcice, in time OF Of
ar or public danger; and that the articles Of S,
ar dehHi0g the jurisdiction Of military courts, p,
reference to persons connected with the =
navy or militia within the contemplation .
this clause Of the Constitution; and, hence,
lat the military court now having the prisoner @,
uial, though duly constituted for the trial Of T.,
roper cases, has not jurisdiction Of the prison :
upon the charges now preferred against kim 81
3. But upon the return of the provost marshal of
pom the Writ-Which, being unre5utted by evil nv
;nca, must be now taken as true in this pro- M
edEg-the prisoner Is chaTgeable with a crime l.
-siast The Confederate States, and against the nc
Of Louisiana, and liable to be proceeded tn
ainst civily il tbas State, in which it was IN
mmi5iad; and, though ne must be discharged =
M the custody of he military authorities, be u
5uld be committed and held subject to the ms
vi Jurisdiction TO which be is ameuable.
The prisoner was. therefore, ordered to be h7
to The custody Of the sheriff Of Kinds eli
unity, su5jsc. to the Tequisidon of the Governor
the State Of Louisiana, or Of the Marshal Of su
Confederate States for that S ate. re,