The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1863-05-21
The Case of Mr.. Vallandigham.
Application for a Writ Of Habeas
Corpus.

From the Cincinnati Enquirer, May 10.
The United States Circuit Court room
was crowded yesterday, to hear the pro-
ceedings in the application Tor writ o
ha6eas co pas for the release of Hon. Glenn
eIt l.. Vallsndi ham, now held in Gus
tody By the military authorities. Upor
the opening of the court the following Pc
,iticn was presented BY Mr.. Valandig-
hams counsel.
! UNITED STATES OF AMERICA
I SOUTHERN DIsTRIcr OF ONO,
To the Honorable the Judges OF the
Circuit Court Of the United States within
and for the District afore said:
Your petitioner, Clement l.. Fai!snd-
igham, says that he is a native born citi-
zen of the State of Ohio, residing In
Montgomery county, and not enlisted or
commi ,sioued in the land or naval forces
o. the United States, nor called into actual
service as one of the militia OF any State;
ne,erless, on the 9Th day o: May. instant,
between 2 and o clock In the morning
Of said day. his dwelling house Tin which
he and his family then werc), in the city
of Dayton and county of Mintgolnery
aforesaid. was surrounded. b. about one
hundred soldiers, armed and in uniform as
such, and acting under the direction OF
! Ambross Z. Burnside. Major General III
in the army Of the Uui,ed States; which
soldiers ihon and there violently broke
the outer door and two inner doors of Your
| petitioners said house, and entered the
same, and then and there seized your pc
petitioner by overpowering numbers, aud
thence carried him 10 the city OF Clnc'n-
na,i. in Hamilton comfy. in the State and
Southern District OF Ohio, where they i'm
prisoned him as"irst hi will, in build
ine on Seconi or Coiumbi. street. then
ed IS = mil!ar, prison; and yeLr peti-
;ioner says that lie has ever since been.
and now i, detained in custody, in said
city IF Cincinnati, under military guard,
of ghca sali Ambrose +. Burnside is com
in,nder
lUur p, titinAsr a.!,-grs .ilat he WAS lius
emily s z.~i in his own house, in the
n.rh,-ti,nr. without any warrant issued
upon probable cauSc, supported by oath
~ aiiirrr. on, au! in contempt of his
tishts a. a, American citizen. lie say,
also, that since his imprisonment, as aicre-
said, a paper has been delivered to him
(of which i true copy Is herewith annex
ed J, purporiiog to contain charge and
specification against him, signed by :. N.
Cu.,>, Cdplaia and Judge Advocate, Oh
WHICH charge and specification he ha.
o-rn srta;sued. a,sinrt his will, before a
..umb,r II ot.icers oi The army OF the l nj
tcd States. assembled ia the room OF the
st. Charles ENch.nye. on Eas, Third street
IN H. c.,y OF Cincinnati. styling them
elves !. Military C)mmission, assuming
t. exercise judicial authority at the insti-
GALLON vi sold Ambrose l.. Burnside as
siorcsad. But your petitioner deems
,has l.e Is not su ject to amy such mode oil
arraIgnment or of trial, AMI claims that ali
proceedings OF that description are. IN hls
case, forbidden by she Constitution and
Ian. Of the United States.
Therefore, and to the end tha, te may
be relieved from manifest oppression un-
der color OF military aHthority, aud that
he may be charged iu due course Of law,
in this court or some other with whatso
ever crime he is intended To be imputed
By the charge and specification above
mentioned, Jour petitioner moves Your
Honors to grant him writ of habeas
corpus directed TO Ambrose +. Burnside
and ell persons assembled to ACT in obcd-
ence 10 his orders, commanding him anu
them forth with to bring the svvUy OF our
petitioner before this court. together with
the cause (if any) of his capture aud detsn'
ton. And your petitioner submits here
by to whatsoever the constitution of the
United States in this behalf may require.
c. l.. VALLANDIGHAM,
BY George Z. Pugh, his Attorney
SOUTHERN DrsTRIcr OF Ohio-To WIT
George f. Pugh. being duly sworn,
says that he makes this application for
writ of ha6edS corpus at the request of Z.
l.. VsIlandis nam. the petitioner above
named, and hat he believes the matter
alleged in the foregoing petition to be
trus. GEORGE K. PUGH.
Sworn to befors mo. and subscribed in
y presence, this OH day Of May, A. u.
63.
JAMES II. GErGKR.
.lerk C. C. U. s., Southern District of Ohio,