The New York herald., 1863-09-11
The Constitution niity OF the Draft.
SUPREME C0URT.
Before Hon. Judge Clerko.


SUPREME COuRT. tr
nw Before Hon. Judge Clerko.
sBrT lO-Pcrven o.. ku0cMk and An0tkey.-t'pon the
return being called for 10 this case Mr.. Edwin James
stated that client received an utimatiou that no
proceedings under the notice with which he had been
served would be aken BY the authorities and he was
exempted from any violation Of his liberty he (couuse
desired 10 have the question disposed Of.
Judge Cierke doubted whether injunction could be
enforced against federal officer executing the laws
OF Congress, but thought that the remedy VS. by
writ o. habeas corpus upon arrest being made.
Mr. Ashmesd on the same SIDE urged that there would
he no right Of appeal 20 the highest tribunals OF the
try under writ of habeas corpus there would be
under the motion Tor injunction.
Judge Clerke said the writ Of baSeas would he the
proper proceeding 10 the event OF party being wrong
fully arrested ~ deserter.
Mr. lanes said that the Conscrip&on was enforced
At the point Of the bayonet and arrests were to be
madc In the manner, very little opportunity would
occur for an application for a writ Of habeas corpus
Mr.. Giassey (assocated with Mr. Jas r. Brady for the
defendant> said that opportunity would be Afforded
TO obtain the writ OF habeas The matter then ended and
the proceedings were discontinued.
ANOTHER nABEAs CORPUS.
william j. Rogers was brought before the court the
Ii appeared that he was enlisted and mustered into Com
pauy t. Scrolls regiment Engineers and with sixty
others surrcptitiously carried Of In October 1851 and
pGt into battery where he has served years-hnv
ing been in nctions Mr. Marshal j. Bacon having
these facts behalf Of the petitioner he Rogers)
was discharged.
The DRAFT I'm Brooklyn.
ExEMPTs AND cONsCRIPTs THE SECOND DISTRICT
THE SIXTH WARD, BROOKLYN
Tho second day Of hearing exemptions YESTERDAY
occupied the Second Congressional district, at No. %
Grand street. Williamsburg, In hearing exemptions from
the Sixth ward, Brooklyn. or the drst hundred
tilted TO appear yesterday only about sixty presented
themselves. Tho Board therefore, was not kept very
busy and a the rate OF proceedings for the FIRST
days fully months will be required TO hear tho full
list drawn IL cvcry would report himself the
day named in his notice much delay might be avoided II
is expected that after the ten days grace has expired
some measures will bs taken 10 compel attendance.
The exempts Of Yesterday as follows
Patrick Judge, 100 Amity street, brooklyn
IN UNITED STATES SERVICE.
Michael Casey. SAT Columbia street. Brooklyn; John
w. Simmons, POS Fourth street. Brooklyn
,,.x ~ c,oo.. NONRESIDENT
rArHEs of M6THEaLgss caIrRxS
Samuel W. Rodgers 60 President street John B. Boul
sen Ma. Atlantic street, both Brooklyn.
ALIENS.
Gustave Brauenlick, No 200 Clinton street Michael
Madion No. I13 Dcgraw street. Ferdinand Spitzpan No
22 Degraw street. Francis Lyons No. % Preside
st ee lott lyman No 1c6 Unien street. Jeremiah CUM,
street; samuel symonds, No. 2 Carroll street william
Gallagher, No. 40 UDon street. Joseph Barber, No -
wal afSas ssn
wiehfmaD, No 10 Carroll street: wm. De Lancey No
Foar.eenth wnrd); VIM Iobiu ali Of Brooklyn and VIM.
Cones, Of the town OF New Lots.
PHYSICAL DISABILITY.
Aaron 2. Bates, IS President ST.: John Latham corner
OF Powers and State s,s. 10Th ward John wilson 43
North 10th st. 1+th ward: Charles Fighter 1853 Court
Michael Powers 81 Any ST. Alcx. f. Orr, - Toupkins
place Charles Halnemann, Conover Partition ST.
18th ward. AL Of Brooklyn.
Geo. Provost New lots: Frank Lynch, 35l Hicks st.
fhomas Wall. sol Columbia ST.: Edward l.. Palmer, Al
s@es oAa Rosesou ss wooSsa o rss.
Patrick Stanley No 20 Hamilton avenue Morris
Nesgenbsrn. $40 Columbia street John ssrahie No IS
Summit street. Christopher sullivan. corner Of Washing
ton aud Undexhill Thomas Burhi 3.2 Columbia
street; Johs Brennan, No. verandah place; William
c. Owen sos colurn ba street. All OF Brooklyn.
The following conscrip,s were
Peter ogii,ic shp carpsntes charles A. Chase, sucr
Georse y Cochran, ,wony four years merchant Peter
roye ,we.,y three years Soasnaa Otto somcrs twen.
yvRSi.lED Nr~TirrTrp
anthony Miller fnrnlsheI Edward H. soultenha sixth
three years. cabiues msker Frederick a Heron 2is ne
graw street furnished Andrew Gels, forty years solder
years waiter Abraham Dc Bevosc furrishcd VIM Foiey
iaborer All wee accepted.
bsr,rfrrL,Iry
Frs, Day.-Toiai number exam ned nrty nine as rol.
lows:-Hed and accepted, sixteen paid Communication,
one exempted. forty two ssn, to Rikcrs Island, 3.
second tay-Tota number examined sixty seven as
folIows:-Hed and and accepted twelve: paid commute.
ton SIX EXEMPTED nfty hve; sent 70 Rkers Island 8.
To-day the second one hundred from the sixth ward
will be taken M and passed aaon.
The Enrolment Act CONSTITUTIONAL.
DECISION OF JUDGE cADwALADRR
On The sh inst, tho United States District Court In
Phiaieipha Judge Cadwaladsr delivered an opinion In
brought before him ndcr tho Conscrpton act, In
which the powers q the Board o. Enrolment were
questioned. In the IN question tie return o.
the Provost Marshal WIS that tho petitioner had
acen duly drafted aud had come before the poar,i
to claim exemption as the orly OF widowed
nd In Teal
lowed that he subsequently, appeared Ont reported for
duty aud received hs faform. and asked nd
obtained cave II absence for spc-iaed time
The principal Question thus raised was whether
the decision @ the Holfd pecudcd inquiry