The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1863-01-10
A Specimen of Arbitrary Rule in Gala.

Administration has found it expedient to
open the prison doors of Alcatraz, and dis
charge Internationally the political prison
ers held there in violation of the laws of
this State, we were led to hope that we had
seen the last of this kind of violence. 1t
seems, however, that there is little fellow
down about Visaia, who has the dignity of
the Government in his keeping, and in the
discharge of this duty is making quite a
BOBBY of himself We quote from the Sac.
Union of the 7th, as follows:
"a HABEAs CORPUS CASE IN VIsALIA.-Captain
Mclaughlin. commanding at Camp Babbitt. vi
salia. refused to recognize the validity OF a writ
of habeas corpus issued by Judge Sayle, lately,
and after the Court had adjourned. without TAX
ing any action in regard to the contempt Cap
tain Mclaughlin addressed the following note to
the Judge demanding the recall of the writ:
CAMP BABBlrr. NEAR VIsALlA TULAHE Co.. Call,
December "a, 1861. I
SIE: The Sheriff of the county of Tnlare has
this day furnished me with writ of habeas cor
pus. issued from and bearing the seal of your
Court. in which am ordered to appear before
you, having with me the persons OF Dav. Fine,
Smith Fine. and Pleas. Work. These men, with
Out CttuSt UT prov gwen. nave NuHlOuly
and wiltully insulted and endcavored to cast
odium upon the Government whose dignity am
sworn to support and have been by my order
arrested and plac d in confinement, by the author
ity vested in me by the Presidents Proclamation
of September "a 1862. to which | have tn
honor TO direct your attention, especially to the
latter clause Of said Proclamation, which reads
as follows, to wit That the writ of habeas
corpus is suspended in respect TO all persons az
rested. or who are now. or hereafter during the
rebellion shall be imprisoned in any fort. camp,
arsenal military prison, or other place OF contine-
mcnt, by any military authority, or by the SEN
tence of any Court martial or military commits
sion.' | can but suppose that at the time OF this
writ, you ignorant OF the fact that such II
| Proclamation was in existence; but since | have
advised you Of such facts. and also of the cause
Of detention Of the parties above name |, | de-
mand that the writ be recalled. or | shall be
forced into the conviction that you yourself are
lea9ued with those whose desire it is to overthrow
our Government by your non-recogniton of the
powers vested in the President of the United
States
Very respectfully. your obcdent servant.
NJ. A. MCLAUGHLIN.
Capt. Co. D. Second Cav. Cal Vols. Command g.
c. e. Sayle, County Judge, Tulare county.
Upon receipt Of this misSivc the Judge repair
ed to Camp Babbtt, expressed his ignorance Of
the Presidents Proclamation and promised to
issue Il writ OF supersedcas and send it after the
Otner VIII. ms was uOnc.
The Constitution of this State-a law, as
well to the Governor AS to the most insgl
nificant citizen-provides "lhat the privilege
of the writ of habeas corpus shall not be
suspended unless when in cases Of rebel
ion, the public safety require its suspension"
If there is rebellion n or an invasion Of the
State of California, we have not heard of il:
nor has the fact that The public safety requires
such suspension been established by any
body or officer having authority so to speak.
Moreover, if any Judg after proper apph-
cation is made, shall refuse to grant an order
for a writ Of habeas corpus, he shall forfeit
and pay to the party agrieved sum not ex
ceedino five thousand dollars. A person
who refuses to obey the writ, is subject to
like penalty.
Ii was the duty Of Judge Say in answer
to the insulting note of the little Captain
to follow up the matter, and make that
mighty hero smell sulphur for such con.
tempt of his judicial power, instead OF back
ING down like a coward, such Judge is
unworthy Of his place.
From the same paper we learn that dis
patch dated at VisaIla, January 9Th, says
HAL Il Garrison, editors of the E9uol
Right ETpositor Of this place were arrested
this morning by Captain Mclaughlin, conn
manding, and aced in the guard house at
Camp Rabbit, for using reasonable Ian
guage in the aforesaid paper
This Camp Babbitt will soon become as
famous in history under the present Ilannil
bal, Jr, as Fort Suoos did according to the
author of "FInsh Times" Capt. Simon
Suggs declared the latter place under martha
law, and was about to shoot the widow
BIodget for attempting to pass the lines in
search Of pipe full Of tobacco. The Er,
position has already been denied the use of
the United States mails aud Wells Fargo's
Express.-Free speech! free press! free Mig
gers!-but martial lar for White men.
No SMOKING IN THE SENArE.--This Dig
nifed body met at the Capitol on the 5th
inst, and within the first. hour of their ses-
sion, adopted a rule prohibiting smoking in
the Hall This is very severe sumpluarv
law. We shall next be startled by move
to exclude lager beer, peanuts, popcorn
soda and cream cakes; indeed there is dam
ger, if unreslrained of that body going to the
extent of the Solons Of the times of Edward
the Third and Fourth, and of Henry the
Eighth, and pass acts against piked shoes,
short douhIels and long coats" and that mo
man shall be served at dinner OF supper with
more than two courses, except on some great
holiday, on which he may be served with
three.
WESTERN VIRGINIA ALIAS THE STATE OF
kANAwHA-A ADMITTED AS A STATE INTO THE
UNIoN.-We are informed bv telegraph that
the Congress and President by their joint
action have made Western Virginia State