, 1863-06-12
THE KIIfTI4AND 1IAE}EA8
CORPUS CASE.
The Governments Position Defined

ITrc,n the n. r. Tribune, 6th>1
The questions Of law arising in the habeas
corpus case Of Sidney Kirkland, Of Alabama,
arrested by the Provost Marshal Us 4 spy,
were to hare been argued before Judge Nc
Cum yesterday, but rs Ex-Jud.e Stuart,
counsel for the prisoner, was unable to attend,
the argument was postponed to 10 o'clock
This morning. The following are the points
submitted 6y s. II. Glassey, esq, Deputy
Provost Marshal and counsel for the Govern
mcnt in the case:
l. a stateof war exists between the United
States and the eleven reyolted States.
By the proclamation of the supreme execu-
tive OF the nation, and BY several sets Of Con-
gress, the Inhabitants Of the whole of those
States Cincluding Alabama) are declared to be
IN State Of insurrection against the United
the nation is being excited to suppress that
insurrect1on, by force Of arms. All inter
course with those States Is interdicted. And
80 far as the rights, duties and obligations OF
Individuals are concerned, the same state ct
things exists rs if the war was being waged
with q foreign power.
(sec the Presidents Proclamation Of August
18, 1861, und the several acts ofCongress pro-
y1ding means for the suppression ot the re-
belliGn.l
It may be sala that the foregoing PROPOSE
tion coEcedes the nationality Of the rebels
aGes 3Ee ,n,n-ats "
fi,e Tinted Sfofes CoCernment hos raroru;7a3
t1,c existrnce ~ thc freasnna,,1e asseShiara
Wh,ci, Exercises outhoritr IN tha rrhc1 s,.4tss
by exchanging prisoners, recognizing pretend
Cd military rank, flags Of truce, &c. And to
the extent that the Government has goue In
;t,5;:;...,. .,.,a -;t;zo4s ,,a7 @.nr,.,,.a -,
nstGn, a4'o '1'4Ae1'7 LILA, p'opef's eo' ano no
That a s+,te of vor cv,s+, Ina baon ;nd;.
.,,11v dctorn;rcd ~ ~ sn,rnn'a @ Tn,Jt ~
10 i1,;tad s4atas ~ IT, & oP'e a 1oa f+ha y.
His1.a+ha a,,J G,,anshnH tnond,n,ne5 ~ o,,a:
,,aps" q,r1.e-+~ ~ ~ Warc1, ~ - 'a7'
Xxx ~ Wv ~ ar;st;n41 a ~, +ho ,a,,aon4, !,
,f sne, y state ~ onn. otfsc1, aii rsnl,ts
nrh'ic and 7,rtvate IF ,,rnrrrtv and nassnn'
arr .f1sctc1 more or Iess md h:cnn,c eu,,sant
n the laws nf war N'~ "o'os'
Nothing is more clearly established as a
,rinoIn1o - willis ,sT *hs,, th"t T.. +1,,a - -
INV ipteTcoprse hesween % indi.1dna,s ~ s1o doa; ~
c;1ea IN thc nnnosing S1,taS ;s nTsoi,stai., nJ
n4o;.,,;tcd oee0'4'5 Hl"A'''' ID "'aoiu'e'S
pThv' Thar ara ene,o,os TIN ,..,t,do ~ -,
,orr,,3,,,;tv dotor1aioce ~ aon5t!' " ~ ~
e''st ~ u, ~9lS hnd u nas us "%n ts country
70 ~'ntr,;na ~ oGuna ~ lnG aet19a o.
tne cehllol!ng a1tnoiiues ID It. lsee hent's
S9niulehlaFEs.-st St1i III; Fo1. l, P 10, VIZ 60
70 sur1ept1tloaaiy pass from the territory
o. one oclllgercnt into that of another, is In
IS snigect 10 arrest anu trlkl by court martial
In civil war growing ont OF rebellion,
Tie party 60 charged can exculpatc himself
BY showing that he fled from the rebel authori-
ties, and was seeking refuge undor the Gov
ernment to which lie owed obedience; but
this proof should be addressed to the court
martial or other military authority to which
he is subject.
8. In time Of var, military conrts are alone
competent to Try military Offences. No civil
court Las jurisdiction.
1t is not competent to tie civil tribunals,
either upon Suit Of Aa1eas corpus or other.
wiee, to inquire into the merits Of the case;
II it appears by return that the officer making
the arrest is authorized By military law to
make the nrrest, and that the prisoner has
sur1ert,tiously entered our territory. then the
purpose Of the writ Is answered: the fletcn-
tion is lawful, and Tie prlsoner must he re-.
maudcd
4 court martial Is for military purposes ~
strictly i constitutional trihunai as anv civi1
cour. N@' |'-1' >A''-
/. Congress recognizing the exfstenco of
Tar, and lie POWER 81 arrest vested in nil.
tary authorities. has passed q Inv. intendcd to
Mitigate The hardshfps which the uullmited
exercise Of this power might Impose It pro-