The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1863-05-28

til reversed by n higher Court. The
case Of Rupert was substantially the
same as that of tho present petitioner.
He set out In his petition what he al
legged to bo an unlawful arrest by the
order Of military officer, on charge
imputing 10 him acts Of disloyalty to
the Government, and sympathy with
rebellion against it, aud an unlawful de-
toution and Imprisonment as the result
of such order. The application, how
ever, in the case of Rupert, differed from
the one now before the Court, in this,
that afidavits were exhibited intended
to disprove the charge of disloyal con-
duet imputed to him; and also in this,
that there was no pretcnse or showing
by Rupert that there had been any
investigation or trial by any Court of
the charges against him.
The petition in this case is addressed
to the Judges of the Circuit Court, and
not to a single Judge of that Court,-
1t occurs from the absence of Mr.. JUS
tice Swayne that the District Judge is
now holding the Circuit Court, as he is
authorized to do by law. But thus sit.
ting, would it not be in violation of all
settle rules of judicial practice, as we'll
as of courtesy, for the District Judge to
reverse q decision Of the Circuit Court,
made when both Judges were on the
Bench? 1t is we'll known that the Dis
trict Judge, though authorized to si'
with the Circuit Judge in the Circui
Court, does not occupy the same officia
po sition, and that the latter Judge
when present, is, eD cficio, the presi
ding Judge. 1t is obvious that confu
sion and uncertainty, greatly impair
ing the respect due to the adjudication
of the Circuit Courts of the Uuitec
States, would result from the ossump
ton of such an exercise Of power by thu
District Judge. 1t would not only bt
disres pcctful to the Superior Judge, bu
would evince in the District Judge, ar
utter want Of appreciation of his true
official connection with the Circui
Court.
Now, in passing upon the applicn
ton of Rupert. Mr.. Justice Swayne, ia
a opinion of some length, though not
written, distinctly held, that this Court
would not grant the writ of habeds cor
pas, when it appeared that the detention
or i'm prisonment was under military nu'
thority. It is true, that Rupert was a
man in humble position known be-
yond the narrow circle in which he
moved; while the present petitioner has
u wide spread fame as prominent pol
itician and statesman. But no one will
insist that there should be any differ
cnce in the principles applicable to the
two cases. If any distinction were al
lowable, it would be against him of ad
mitted intelligence aud distinguished
talents. st|r. f.t r.
might with entire confidence place
the grounds of action / propose in The
preseut case, upon the decision of the
learned Judge in. that just referred to
Even if l entertained doubts of the
soundness of his views, l see no prinei.
pie on which could be justified in
treating the opinion as void Of authori
ty. But the counsel of Dir. Vallandig.
ham was not restricted in the argument
ofthis motion to this point, 1t seemed
due to him that the Court should hear
what could be urged against tho Iegali.
ty of the arrest, and in favor Of the in.
terposition Of the Court in behalf of the
petitioner. And / have been greatly ia
terested in the fOrciblC argument which
has been submitted, though unable tS
concur with the speaker in all his con.
illusions. r-'""a '.f.l '9iHi I1t-
Fiji wero my desire to do so, I have
not now the physical strength to notice
or discuss at length tho grounds on
which the learned counsel has attempt
ed to prove the illegality Of General
Burnside's order for the arrest of Mr.
Yallandigham, and the duty of tn,
Court to grant the writ applied for
The basis of the whole argument is the
fact that Mr.. Vallandigham, not being
in the military or naval service Of the
Government, aud not therefore subjec
to the rules aud articles of war, was n O
liable to arrest uador or by military
power And the various provisions O.
the Constitution, ihtended to guard tn,
citizen against Unlawful arrests and i'm
prisonments, have boen cited aud urgsC
upon the atteAtiou of the Court as hSv
ing direct bearing on the point I
is hardly necessary to quote these ex
cellSnt guarantees Of the rights an,