Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-07-01

do here in Wheeling?
The Habeas Corpus Writ In the Case
OF Judge Thompson-DecisiOn Of
Judge JncksOn-The Alternative
Presented to the Prisoner.
The following is the decision of Judge
jackson in the case of Ex-Judge Thomp-
sou-delivered yesterday in court:
The questions arising upon this applica-
ton are of the gravest import. 1t is TO be
regretted, that in a case involving the most
important constitutional questions, that
the discussion should be marked with so
much feeling. This Court has in this case
a high judicial dnty to perform On the
one hand it has the liberty of the citizen to
protect, whilst on the other it is its
inn erALive duty as we'll as its pleasure, to
see Inat the laws of the country are en-
forced and the power of the Government
maintained. 1t is the sincere wish of this
Court to avoid any collision either with
the military authorities of the United
States or with the civil authorities of the
State, but merely TO perform its duty in
firm and temperate manner, without refer
ence to what might seem to be in conflict
with the popular prejudices of the day.
TIE petition fled in this case shows
that George ". Thompson was arrested at
his house near the city of Wheeling, on the
ZSl0 Jay Oh april 4oOop ny u OOuJ Va Obt-
ted States soldiers, claiming to act under
the direction of Major Joseph Darr, Pro-
vost Marshal of Virginia; that he WAS re-
moved by said force to a military prison
OF the United States in said city, and there
detained 10 custody until the middle of the
afternoon on the 18th day of the present
month. And whilst petition for q writ OF
habeas corpus was pending and under con-
sideratiou before this Court, he was reno
10 iniI of 0hio TO
where he was confined until the petition
was filed in this case. That he was arrested
without process of law or being informed
of any charge against him. Upon this
state Of facts, the Court awarded its writ
directed to some four or FIVE persons, either
Of whom, as was supposed, might detain
the prisoner in custody. Joseph Toliver,
the jailer oti0hio county, responded to the
writ, produced the prisoner in Court, and
returned that he held the prisoner in GUS
tody in pursuance of the following warrant:
"WHEELING, June II, 1868.
To the Tailor Of Ohio County:
Receive toto your Jail, George w. Thomp-
sou, of said county, and him safely keep
until discharged by the ldlcs of the United
States, or by the order of the Governor of
this State, hs provided for in the Act of
Assembly passed February 4th, 1862. Held
as a hostage by order of the Governor, as
Constitutional Commander in Chief of
Virginia Militia
In addition to this return Governor Peir-
point filed an answer denying the juris.
dietiou of this Court, aud claiming to hold
the prisoner as a hostage under an act OF
the Legislature. As there is no statute of
the State authorizing the Adjutant Gener-
al of the State to sign warrant of com.
mitment of any character, it is unuecessa-
~ to discuss the legality OF this act, fur
Their than to remark that the warrant. if
ton of this Court, by employing the lau-
United States" and the application under
consideration is for that purpose. 1t is
not necessary, however, to rely upon this
position to justify the Court in the exer-
else of its jurisdiction and powers ia this
case. The evidence of Major Darr, Pro-
Vost Marshal. is conclusive upon the CUES.
tion of jurisdiction. 1t qualities, if it does
not contradict, the returns made in this
case. Major Darr proves that as an Off
Ger of the United States, he arrested the
prisoner in the spring of 1862, and subse- |
quently removed him to Camp Chase, a |
military prison, in the State of Ohio, where |
he remained several months, when he was |
regularly exchanged as prisoner of war,
aud permitted to return to his home. That
upon his return, be re-arrested him, but re-
ceiving an order from S. @. Turner, the
Judge Advocate, to discharge him, he
again released him. The Order is as
follows:
ain answer to yours of the Both ult,
relative to Judge Thompson, / say that in
case that he does nothing that is disloyal