The Abingdon Virginian. [volume] (Abingdon [Va.]) 1849-1883, 1863-08-21
Important Decision.

Important Decision.
Considerable interest was excited in our
community few days since, upon the arrest
Of George W. Lane Of this county, by Brig.
! Gen'l Vim. Preston, Commanding this Militia
~ District, upon the charge Of purchasing q
stolen horse belonging to the Confederate
States, knowing that he was stolen; and as
the right Of a Military Commandment to ar
rest and hold in custody, for trial, by mill
tary court, citizen not connected with the
army upon charge for which he was alone
amenable to the civil authorities Of the land,
was regarded as very questionable, Lane,
therefore, by his counsel, sued out Writ Of
Habeas Corpus, and had hearing before his
| Honor, Judge JOHN A. CAMPBELL, in this
place, on Saturday last And as the princi-
plss enunciated in the able decision Of Judge
Campbell, tfor report Of which we acknow-
ledge ourselves greatly indebted to an esteem
ed friend) are Of the most vital interest TO tho
country, We take much pleasure in laying it
before our readers.
The authority Of those having command
Of Army districts, is always we believe,
subordinate to the civil authorities, where the
rights Of citizens are concerned, wherein.
theref re, there is an assumption Of authori-
y, as in this case, we are glad that the Jnris-
diction Of the Courts of Law, is so clearly and
Independently defined by Judge Campbell
1t is always we'll for military commanders
to sustain the authority of the Courts; and
whenever there is an infraction of civil au-
thprity countenanced either directly or re-
moteiy, the tendency is evil and only evil
The tendency of the times is to demoriliza-
ton. O6cers in command of military dis
tricts should always invoke the aid Of civil
law instead Of ahjuringit Let each authori-
g attend to its legitimate sphere and the
rights Of citizens and soldiers will always be
held in supreme regard, but when there is
clashing Of authority, anarchy and confusion
must supervene. But to the
OPINION OF JUDGE CAMPBEEL IN
THI MATTEROF GEORGE W. LANE.
George W. Lane on the 18th instant appli-
ed to me for writ Of Aa5cas corpus ad sub,
d.. He declares himself to be a citizen Of
Washington county, Va, unconnected with
the army. He alleges that he has been ar.
rested and detained in custody BY order Of
William Preston Brig. Gen'l P. A. C. s. com
handing in this district, on charge of hay-
ing bought astolen horse belonging to the {.
S. knowing that the horse was stolen. He
declares that the charge against him is untrue.
He denies the right Of Gen. Preston to arrest
and detain him, and asks for writ Of habens
corpus
The writ was granted and served upon Gen.
Preston who fsr return thereto says, that he
is the Commander of this military district.
that he did order the arrest and detention of
Lane upon information communicated to him
that Lane had stt,len, or purchased, or con-
cealed horse belonging to the G. S. know
ing that the horse had been stolen, and that
he now detains Lane in custody until his
case be disposed IF by the military authori.
ties
The petition and return agree as to the fact
and cause of arrest and detention, and the
question presented is: is citizen of Virginia
nnconnected with the army amenable to the
military authorities Of the Confederate States
t"ran act done or alleged to have been done by
sucl, citizen in violation of law. am not
aware that this question has during this war
pee presented to Virginia Judge for adju-
dicalion. The principles govern il are how.
ever asnld as the Common Law, are embodi-
ed incur Declaration of Independence, in the
Bill # Rights, constitution and Laws of this
commonwealth and the constitution of the
Confederate States.
II the principle contended for by the return
be correct, that is, that the military authori-
ties have the right to arrest and try and con-
sequently to condemn and punish private citi-
zens for such ofenses as that with which Lane
Is charged, then citizen Of Virginia. uncon.
nected with the army, NAV. contrary 10 the