The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-04-04
h . sIsting q. ; Authority.

Dxs MorxEs, Iowa, March %, 1858.
-O-
Reslsslng U. > Authority.
An alarming condition of public affairs has
been recently discovered in Decatur County
Captain j. 81. Summers, in command of q COM
pany of State troops In that county, and also
special Provost Marshal, received an order from
Cspt. Littler, in command Of . military encamp.
ment at Davenport, to arrest certain deserters,
among them one VIM. P. Slack. The order was
executed, so far as tie last-named individual
was concerned; but application was immediate.
ly made to the County Judge for writ of habeas
corpus, which was granted, and on the return of
the writ the prisoner was released on the ground
that the United States authorities "had no bust
ness to interfere with the citizens of Decatur
County" Capt Summers recaptured Slack,
and conveyed him to the proper military post for
trial AZ deserter. The County Judge there
upon issued bis warrant 70: the arrest Of Capt.
Summers and his assistants for contempt of his
proceedings, but the Captain refused to submit
to arrest under the warrant, and Provost Mar
shall Hiatt. OF Keokuk, approved of Capt Sum-
Eers' action in the premises,3 and advised him
that no Court, except military Court Martial,
had any Jurisdiction in such cases, and that lie
must arrest all persons who should attempt to
interfere with bis proceedings.
A full statement of these circumstances was
sent to Gov. Kirkwood, and he forwarded them
to Attorney General Nourse for an examination
Of the legal questions involved. The latter has
carefully prepared ~ opinion in the case, the
material points of Which are as follows: The
writ of hd6eas corpus has not been suspended in
this State; yet it by no means follows that q
State Judge, or Coprt, may release desertsrs
from the United States Army by authority Of
this writ, or that it is the duty Of military off,
GERS charged with the arrest of deserters, to
abandon such prisoners to the jurisdiction of
State Courts or Judges.
A writ of habeas corpus, issued by State au-
thority, should not be disegarded by o. 8.
officer or agent holding an alleged deserter; but
it is his duty to make his return, informing the
for what cause he detains the prisoner. His
return should be made under oath, and set forth
clearly the identity of the person in custody,
upon what orders or information be holds him,
the fact that he holds him in good faith upon q
charge of desertion from the military service
of the United States for the purpose of return.
ing him to the proper military authority for trial,
that said charge is exclusively within the juris-
diction Of military tribunal, and also his au-
thority to make the arrest. If issue is made, LIST
as to the identity Of the person arrested, and
I'd az to the authority Of the person making
the arrest, the State Court has jurisdiction
But should it undertake to determine the ques-
ton of desertion, or try in any manner the
merits of the accusation against the prisoner, or
as in the case of Slack, through q merely wan
ton exercise of power, release the accused, its
acts would be void, and should be dsregarded.
If the return is properly made, the State Court
knows that the person held is within the do
minion and jurisdiction of another government,
and that neither the writ of habeas corpus nor
any other process issued by State authority can
pass over the line of division between the two
sovereignties. If he has committed an ofense
against the laws of the United States, their
Courts alone can punish him. # he ia wrong
fully imprisoned, their tribunals alone can res
lease him. While, therefore, it is the duty Of q
Marshal or other q. 8. officer holding an alleged
dessrter in custody, to make known BY proper
return the authority under which he detains
him. it 10 his imperative duty to obey the process
Of the United States, and hold tie prisoner under
all ciScunastances.
The Attorney General does not justify all the
proceedings of Capt. Summers, in the case Of
Slack. It is held that however jsstidable the
Captain may have been in returning bis prisoner
to competent military tribunal, yet inasmuch
a. he was subsequently charged with an offense
recognizable by State Court, he should have
made his defense before that tribunal. His rem
edy by certiorari to the Superior Courts Of the
State was plain; or, II imprisoned, he could
have applied to the q. s. District Court for ,
writ of habsss corpus, and prosecuted for falst
imprisonment.
The Opinion is q very clear aud able one, ani
will aid in establishing a correct public judg
ment on the subject Of the relative powers o
United States and State authorities. The judi
cial tribunals, and indeed the entire elective ma
chinery for the administration Of Justice il
Decatur county are in the hands Of the Copper
heads, and they have seemed disposed to over
ride the rights of Unionists and to even defy th,
Federal power iteelf. If Capt. Summers ha
stretched his military power in his loyalty to TIL
| Government and friendship for its friends, b,
certainly has done it to good end, and we i'm.
agine blame will not be visited upon him yer,
| heavily.-[State Register.
WATCH THE PowDRR-A correspondent wri-
ting US from Washington county, Indiana, undel
date of March 26th, informs US that on Sunday
night, 22d instant, q band of desperadoes, sup
posed to be K G. C.'s, broke into powder va
gon in the barn of Mr.. Henry Luck, about ten
/ miles north OF Lalem, and stole thirteen kegs o.
powder. which, at the time of writing, had mo- ,
been discovered. Also, the lock was bored on
the door of Messrs. Stewart Eliiotss store,
some three miles nearer Salem, and NUMBER VI
tin cans of powder stolen. f.u,.,
These things suggest the propriety Q, al io va
citizens as we'll as tue authorities, taking tns
necessary precaution to prevent fepssiHon .
these outrages in other LOCALITIES loHc'naat
Gazette.
A Clergyman at Constantine. has raised tn
ire OF the Copperheads by urging young mel
to "start right, to strive to be better and I
m,te .be;r fellows better, and to be sure the
=, a. their lot on the side of justice and hu
monitvn The Tories declare that the preach
. az might as we'll have told the young men {