Washington telegraph. [volume] (Washington, Ark.) 1839-1871, 1862-10-08

INPcfrAST DEcIsroy- The Con4titntf5u Vim
4icatsf.-We learn from the Missis9ippian that
~ important habeas corpus case H. IN (, hesa
decide br Hon. A. IT, Handy. Of tiia li-h court
Of errors and appeals of this Stair thr ra'ing,
IN which viii no doubt determine tha extern
q The power of tie military authorIs.c-. ara
prevent 4 recurrence nf the numerous fn.ian-..
of rersnnal wrong that have been sr,F.-.T
The facts are briefly these: WiIli-m Rr-rin-
game applied BY petition for the VII, w hab.,.
corpus alledging that lie was illeraU-- I,ald =,
custody ly tie provost marshal VI. order "
;Ae judge The writ was issued retrTruafI.. ",
the 2uth UT August before him at Cagltua. An
which LAY TIE provost marshal mad. return, N,
the W.It tIat the petitioner was hall N 49,
tOdy under orders of the military commander
u tile district, for offences against the Confed-
crate States, Tor which he was on trial before
: military court, and declined to produce tbA
prisoner in obedience to the writ p-l- ,Ino-, /,
rule laid by the judge On the provost marshal
~ show cause why attachment should NOT
be Issued against aim .or contempt. tn officer
produced the prisoner before the iuira lv
cr4er CT the commanding general. an! ui de
an amended return T. the writ, stating that
the prisoner was he'll in custody by him UPON
charges Of committing tresaon against nv.
a ia
the enemy AMI that the accused hai been -
rested upon these charges by tie provost mar
slal, at Tangapaho, LOuisiana.
The c.=e was tried on the facts stated In the
returns Of the provost marshal 10 the writ or
AaOeas corpus, and tie affidavit Of tb. a..g-Isei
stated that he was Ht the time of the commits
sion # the alleged OlIelse. ami had been fIr
several years past, resident citizen WI tho
state OF Louisi ma, there being no further
evidence.
No counsel appeared for the prosecution.
and the case was argued by Franklin Smith.
Esq, Tor the prisoner; who contenIcl. ON
various grounds, that the prisoner should DO
absolutely discharged.
In deciding this motion, the following point.
were hell by his honor, the Judge:
l. That the order Of Gen. Van Dorm. de-
laring martial law in this military district.
was not authorized by the act Of Congress 81
9th February. 1862, the power granted by
that act being conferred solely on the President
Of the Confederate States; and, therefore. that
the arrest of the prisoner was uuauthor: e 4 by
that act.
>. That the prisoner, not being an officer or
soldier, or otherwise attached 10 tie army or
navy Of the Confederate States, or The militia
is not amenable 10 the jurisdiction Of the mill
tary court which low has him on trial; since
ii i. provided In article !, sec. 3 ~. To- VI the
constitution Of the Confederate States, that
s-n0 person shall b. held 10 answer fcr a capital
or otherwise infamous crime unless On 4 pre-
sentiment or Indictment Of grand jury, except
in cases arising IN the land naval forces. or
in the militia, when IN actual service, in time
Of war or public danger" and that the articles
Of war defining the jurisdiction Of military
courts, have reference to persons connected
with the army, navy militia within the con-
temptation Of this clause Of the constitution;
and, hence, that the military court now having
the prisoner on trial, though duly constituted
for the trial of proper cases, mas not iurisIlc-
tion Of the prisoner upon the charges preferred
against him.
3. But upon the return Of the provost mar
shall upon the Writ-which, being unrebGtiei
by evidence. must be nos taken a. true IL
this pr0ceeiing-the prisoner is chargable
with 4 crime against the Confederate States,
and aCainsf the State Of louisiana and liable
to be proceeded against civilly i'll that State,
In which it was committed, and though he
must be discharged from the custody Of tie
military authorities lie SHOULD be committed
and held subject 70 the civil jurisdiction to
which lie i amenable.
The prisoner was, therefore, ordered to be
committed to the custody Of the sheriff Of
Kinds county, subject to the requisition Of the
Governor of the State of Louisiana, or of the
marshal Of the Confederate States for that
State.