Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-05-13

Constitution shall be faithfully and iealouslv ob-
served The argument of the Distinguished iu-
rist occupied three hours in delivery. AID wss
Listened 20 With proiouid interes, and bfeathless
attention. The citation o. authorities was i'm
men.e. and The deductions made very searching
and elaborate
In the course ofMr Pagh'. remarks, the Court
interDosed and aske. the counsel. who resisted
the application. 10 state Whist points they propo-
ell raising why the writ should not ssue-lhe
statement OF Gen Burnside not sating clearly
and distinctly the ground of objection
Mr. Perry replei thar the objections made
were that the affidavit Of Mr. Pugh tor Mr. VAT
landigham were insufficient. and that the arrest
was made by the military during the existence
Of actual war. and the came a. it the army were
in the fed lnimafons being made hy Mr
Perry that the General was acting under martial
law the Court inquired for proof that ,his district
was under martial law to which Mr. Perry an
s~ered: General historical know ledge"
After Dir. Pugh hid concluded. Mr Perry sta
ted that he was called by Gen Burnside to assist
the District Attorney. without any instructions
10 what course to pursue He then proceeded To
review the form of the proceedings Counsel for
Nr. Vallandcham had minated that the cues
ton nov before this Court would be taken 10 TO
the Supreme Court on writ OF error In the
discussion of the main question. Mr.. Perry
claimed that the arrest was legal, and as the Is
suing of the writ would be nugatory in IFS opera
tons j, should not be issued BY the Court The
affidavit does Dot deny that the prisoner ) not
guilty IF the charges preferred by General Burn
side. II such speeches are permitted TO be de-
livered and distributed throughout i army in
the field. aud the freedom of the mails in their
transportation tolerated then the entire effect IN
decentralization would be produced. The learned
gentleman then reviewed the commencement OF
the rebellion. and how the civil powers were
compelled to throw themselves upon the military
of the Government for protection. Civil remedy
was no remedy. Now, this discussion is going
on within a garrison. and protected by iorttca-
tions mounted by cannon. This Court owes its
existence to the military power. 1t was necessary
for the morale Of the army that public appeals
against the Government and continued crusade
against the war should stop. IL was the merest
farce IN put military commander here that
could not suppress such thing, and to make an
army efficient il is necessary TO protect armies
against all such designating influences. de
believed that martial law 1850 tactO existed, and
under that existence, General Burnside derived
his authority to act Mr. Perry cited numerous
decisions and authorities in support of his argu
ment The Court adjourned until this morning
at o'clock. when the argument will be resumed
oN MT. Ierry, anu clOseu ny Mes>rs. Dan anu
Pugh.
The following is copy of the petition present
ed by Mr.. Valiandigha COUNSEL
UNrrKp STATES or AMERICA,
SOUTHERN DISIRlCT OF ONO, SIS.
To the Honorable the Judges Of the Circuit Court Of the
United States, within and for the District aforesaid:
Your petitioner. Clement L. Vallandigham
saws that lie is a native born citizen OF the State
OF Ohio. residing in Montgomery County. and
not enlisted or commissioned in the land or the
naval forces OF the United States, nor called into
actual service as one OF the militia of any State
nevertheless, the 5th day of Nav. instant, be
tween two and three o'clock in the morning Of
said day. his DIV eling house, Tin which he aud
his tamil v then ere.) in the city of Dayton and
county Of Montgomery aforesaid, was surrounded
by about one hundred soldiers. armed aud in uni
form rs such. aud acting under The direction Of
Ambrose 4 Burnside, a Major General in the
army of the United States: which soldiers then
aud 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
petitioner by overpow ering numbers and thence
carried him to the city OF Cincinnati, in Hamilton
County, IN the State aud Southern District of
Ohio where they imprisoned him. against his
will. in u building on Second or Columbia street,
then used as military prison: and your petition
err saws that he has ever since been and is
detained in custody in said city of Cincinnati.
under a military guard, OF which Ambrose T..
Burnside is commander.
Your petitioner alleges that he was thus vio-
lently seized in his own house in the night time,
without any warrant issued upon probable cause.
supported by oath or affirmation. and in contempt
of his rights as an American citizen. He saws
also. that since his imprisonment. aforesaid
paper has been delivered To him, (of which "A
true copy is herewith annexed) purporting to
contain charge and specification he has been
arraigned against his will before n number OF
officers of the Army of the United States rs
semhled in room Of the ST. Charles Exchange,
on East Third street, i'm the CITY of Cincinnati
styling themselves "A Military Commission aud
assuming To exercise judicial authority at the IN
stgaton OF said Ambrose Z Burnside, ms Major
General aforesaid But your petitioner denies
that he l. a subject TO such mode of any
such mode OF arraGnment or of trial, and de
MES that all proceedings OF such description are.
in his case. forbidden by the Constitution aud
laws of the United States.
Therefore and TO the end that he nav be re
leved from manifest oppression under color of
military authority, and that he my be charged in
due course OF law in this Court or some other.
with whatsoever crime he is intended 10 be i'm
puied by the charge and Specifications above
mentioned, your petitioner moves your Honors
grant him writ OF habeas corpus. drecte. to said
Ambrose ( Burnside and all persons assembled
to act in obedience to his orders commanding
him aud them forthwith to bring the body of your
petitioner before this Court, together with the
cause (fany) of his capture and detention. Ana
your petitioner submits hereby to whatsoever
the Constitution OF the United States in this
behalf may require
c. L. NALLAxDleHAM
By George Pugh hs Attorney