M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-05-21
The Application of Hon. C, L.
VnIlumdiahmm for u Writ OF
Hubu.aS CORPUS,

Habeas Corpus.
We copy from the Cincinnati Ga
sette Of Tuesday morning, May 18th
the folio wing report Of the case:
George e. Pugh renewed his mo
tion before Judge LaaVilte, yesterday
morning, in the United States Circuit
Court, for a writ OF habsaS eoypus
directed to General Burnside, direct
ing him to bring the body Of Z. l.
ValIuuIigham into Court, with th,
cause OF his arrest and detention.
The following is the petition 9f Mr.
Pugh:
UEIrED STATES OF AMERICA,
SOUTHERN DISTRICT OF OHIO, ss,}
! To the Honorable Judge of the Cir
cut CJuH IF the United Std'es
Wtthm and TO" the District qtors
s1id:
Yoar petitioner, Clement L. Va
lanligham, says that he is nativ,
BON citizen Of the State OF Ohio, resi-
ding in Montgomery County, and no
enlisted Or commissioned in the Lane
or nava. forces VI tho United States
nor calie into actual service as ouc
OF the militia OF any State; neverthe
less, on ths 5th day Of May, instant
between two ana three O'Clock in tue
morning Of said day, his dwelling
house (in which he and his family
then were), in the city OF Dayton an
County OF Montgomery aforesaid
was surrounded by about one hundred
soldiers, armed and uniformed as such
and acting under the direction o.
Ambrose E. Burnside, a Major Gen
eral in the service Ofthe United States;
which soldiers then and there violent
y broke the outer door and two inner
doors OF your petitioners said house
and entered the same, ard then and
there seized your petitioner by over.
powering numbers, and thence carried
him to the city OF Cincinnati, in Ham.
ilton county, in the State and South.
ern district OF Ohio, where they i'm.
prisoned him again6t his will, in a
building in Second or Columbia street,
then used as a military prison; and
your petitioner says that he has ever
since been and now is detained in
custody, in said city of Cincinnati
under a military guard, Of which said
Ambrose E. Burnside is commander
Your petitioner alleges that he Was
thus violently seized in his own house,
in the night time, without any war.
rant issued upon probable cause, sup.
ported by oath o. affirmation, and in
contempt Ofhis right; as an Ameri
can citizen. lie says, also, that since
his Imprisonment, as aforesaid, o pa.
per has been delivered to him (oI
which true copy is herewith annex
ed). purporting to contain a charge
aud specification against him, signed
by j. M. Cuts, Captain and Judge
Advocate, on which charge and spec
itication he has been arraigned agains
his will before number OF officers o
the Army Of the United States, as
sembled in a room of the St. Charles
Exchange, on East Third street, in tht
city Of Cincinnati, styling themselves
a Military Commission, and assumin.
to exercise Judicial authority at the
instigatiOn OF said Ambrose E. Burn
side, as Major General Aforesaid
But your petitioner deems that he i.
not subject to any such mode O
arraignEent or trial, an d claims thai
all proceedings Of that description are
in his case, forbidden by the Consti
tuition aud laws of the United States
Therefore, and to the end that h,
may be relieved from manifest oppres
sion under color ofmiltary authority
and that he may be charged in du,
course Of law, in this Court or som,
other, with whatsoever crime he i
intended to be imputed by the chare,
aud specification above mentioned