Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-05-12
TProm The Cincinnati Gazette Of Mopday.l

| Na From the Cincinnati Gazette OF MOpday.l ,4 d
Application on the Part of Mr.. Val.
Iandigham for Writ Of Habeas Cor.
pus. ttceI8al eF
On the opening of the United States Circuit
| Court, Judge Leavltt presiding, on Saturday
morning, Geo E. Pugh presented petition to
the Court, setting forth the arrest Of Mr.. O. l.
| Vallandigham, ct his home in Dayton, by a
| company of soldiers, and his confinement In
this city by order Of Gen: Burnside, and pray.
ing that a writ of hdbeas corpus might, be
issued, directed TO Gen. Burnside, requiring
him to produce In Court the body of Mr.. VAL
landigham. l@
Judge Leavitt asked If any ono appeared for
| Gen. Burnside.
United States District Attorney Ball, said
that he had no authority to appear in this mo-
tion on the part Of General Burnside, and there.
fore he did not consider il part of his duty to
say anything; but he thought notice of this
motion should have been given to General
| Burnside.
The Court said It had been decided by Judge
Swayne. and himself, In case last summer,
where writ was sought for, directed to General
| Mitchell, to COMPEL him to produce tho body
of party he had in custody, that IL (the CourD
| would mol Interfere with any arrest by the
military authorities, and particularly where il
Was obvious that such proceeding would be
nugatory. et Iset
Mr., ,Pugh sad that the late Congress had
passed law known as the "lDdemnity Act"
which authorized the President Of the United
States, VIXEN in bic opinion he deemed it neces.
sary to suspend the writ of habeas corpus. II
aleo provided that no military commander
should be compelled to produce the body, but
he should make return on the writ that he had
h<xd, T., nd hat thor
proceedings before the Court should be stopped.
Judge Leavitt said he had not seen that law.
| Mr.. Pugh then sent for the lave of the late
| Congress, which we're handed to the Judge, and
he said he would continue the motion to three
o'clock
Judge Leavitt further remarked, that il was q
question whether it was the duty Of the Court
TO issue writ that II knew would not be re-
garded
Mr.. Push thought If the Court issued the
writ it would be regarded.
The Court then adjourned to three p. M. On
reconvening, Mr., Pugh not being present, Judge
Leavitt said that, for what he had to say, 1t was
not important that the counsel for the petitioner
should be present. ieo
The petition which was presented this morn
ing, praying for a writ ofkabers curpus to com.
pei Gen. Burnside to produce the body of Mr..
vallandigham in Court alleges that Mr.. VAL
andigham is 10 confinement, or under arrest
and trial for disloyal practices. Judge Lsavitt
stated that it was the settled practice of the
United States Courts not to grant the writ of
habeas corpus without good and sufficient ground,
aud not to do thing which would be nugato.
~ in its operations He regarded it as an act of
comfy and courtesy, TO notify General Burn |
side that such an application is pending, that be
might put in showing, if he desired, why the
writ should not be issued The application, as
the case nov stands, is tr psyte, and not signed
by My. Vallsndighsm, who asks the relief, al |
though counsel states the application to be In |
accordance with his wishes and knowledge.-l
The further hearing Of the application was con-
tinued until this morning, at nine O'Clock, and |
the Clerk was directed to notify Gen. Burnside |
that such an application Has rending,an would
be heard at that time. 1