M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-10-29

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From the New York Herald. Oct. l9l
Action against Seward and Lin.
coin for False imprisonment. =.
SUPREME COURT-SPECIAL TERM
BEFORE JUDGE CLERBE.--Octobel
19.-Jones vS. William H.. Seward
Secretary Of State. This is all actor
in which the plaintiff claims DANA
ges for an alleged false Imprisonment
The defendant asks fo. an order o
this Court to remove the action ant
all proceedings therein to the nex
Circuit Court ofthe United States
to be held in and for the Southern
District Of New York. Tho defend
ant states 10 his petition for this or
der that the action is brought FOL
acts alleged to have been done by
him as Secretary Of State for tht
United States of America, under au.
thority derived by him from the Pres
idept Of The United States, in causing
and procuring the plaintiftobe be arr .
ted and imprisoned, Orfog some Other
wrong alleged to hove been done tt
tho plaintiff, under such authority
durig the present rebellion Of the 80
called Confederate States against the
Government of the United States o.
America; and that it therefore comes
within tho act Of Congress, passed
March 8, 1868, entitled, "An act
relating to baoeas corpus and regula
ling Judicial proceedings in certain
cases." providing, in the fifth section
thatifiany suit has been OF shall bt
commenced against any officer, civi
or military, or any other person, fo
any arrest, imprisonment, trespass O
wrong done, or any act ommittei tC
DO done; during the present rebellion
by virtue or under color oil any au
thority derived from or exercised by
or under tie President Of the Unite(
States or any act Of Congress, tht
defendant may remove such actor
into the Circuit Court Of the United
States ioE the distric. where. the sui
is brought, on complying with Ger
tain requirements stated in the act
or course this act, as far as it di
rects theahe transfer OF cases from
the State to Federal jurisdiction, it i
hiss anyiconStitutional foundation, il
founded upon the third article Of th,
Constilntion Of the United States
defining the extent Of the judicla
power delegated by the States to thO
Federal Government, and particular
ly nton THAI part Of section one o
said article which, says that "tht
judicial power shall extend to all ca
ses iu law and equity arising unde
this Gonstitutionjr sc. The defend
ant in this application maintains tina
the defense which be intends to Sc
up in this action .arlses under til,
Constitution Of the United Statesr
the question tobe determined beinl
whether the Presidential the Unite
states, during any insurrection .
rebellion, can arrest or imprison, an.
person not subject to military law
without aaY order writ, precepk o
process of come Court OF competen
jnrisdiction. Now, We aasnme tha
this question: if q question at al
would arise lihder the Constitution
ofthe9Unitee States---that is whetll
er the Ptssident possesses this powe
either in hlacivilI capacity or as Com
mander in Chief of the Army an
Navy oithe Uniled States-can b
solved only By consulting and inteI
terpretine that Instrument. sBut I
enfitle the detendsnt to / fbis order
and to give the Ooutts oi chs Unite
Ststss ,jurisdiction Of this aotion
there must be some appearance { .