Indiana State sentinel., 1863-05-18

In the course ofMr. Pughs remarks, the Court
interposed and asked the counsel. who resisted
the application. to state what points they propos-
ed raising why the writ should not issue-the
statement of Gen. Burnside not stating clearly
and distinctly the grocnd of objection.
Mr.. Perry replied that the objections made
were, that the affidavit of Mr.. Pugh for Mr.. Val
landigham were insufficient, and that the arrest
was made by the military during the existence
of actual war, and the same as if tie army were
in the field. Intimations being made by Mr.
Perry that the General was acting under martial
law, the Court inquired for proof that this district
was under martial law, to which Mr. Perry an
swered: General historical knowledge"
After Mr. Pugh had concluded, Mr. Perry sta
ted that he was called by Gen Burnside to assist
the District Attorney without any instructions as
to what course to pursue. He then proceeded to
review the form of the proceedings. Counsel for
Mr.. Vallandigham had intimated that The ques-
ton now before this Court would be taken up to
the Supreme Court on writ of error In the
discussion of the main question, Mr.. Perry
claimed that the arrest was legal, and as the is
suing of the writ would be nugatOry in its opera
tons it should not be issued by the Court. The
affidavit does not denv that the prisoner is not
guilty Of the charges preferred by General Burn
side. ii such speeches are permitted to be de-
livered and distributed throughout the army in
the field, and the freedom Of the mails IN their
transportation tolerated, then the entire effect IN
decentralization would be produced. The learned
gentleman then reviewed the commencement of
the rebellion, and how the civil powers were
compelled to throw themselves upon the military
of the Government for protection. Civil remedy
was no remedy. Now, this discussion IS going
on within a garrison, and protected bv fortifica-
tons mounted by cannon This Court owes its
existence to the military power. 1t was necessary
for the morale of the army that public appeals
| against the Government and continued crusade
against the war should stop. 1t was the merest
farce to put a military commander here that
could not suppress such thing; and to make an
army efficient it is necessary TO protect armies
against all such disorganizing influences. He
believed that martial law iDso facto existed, and
under that existence, General Burnside derived
his authority to. act Mr.. Perry cited numerous
decisions and authorities in support of his argu
ment The Court adjourned until this morning
| at 9 o'clock when the argument will be resumed
by Mr. Perry, and closed by Messrs Ball and
Pugh.
The following is a copy of the petition present
ed by Mr.. Vallandigham's counsel:
UNITED STATES OF AMERICA,
| SOUTHERN DISTRICT OF ONO, SIS. !
To the Honorable Judges of the Circuit Court Of the
United States, within and for the District aforesaid
our peJIODef. Ole01eub L.
SAYS that he is a native born citizen of the State
of Ohio residing in Montgomery County, and
not enlisted or commissioned in the land or the
naval forces of the United States nor called into
actual service as one of the militia of any State;
nevertheless on the 5th day of Nav instant be-
tween two and three o'clock in the morning of
said day, his dwelling house, lin which he aid
his family then were.) in the city of Dayton and
county of Montgomery aforesaid, was surrounded
by about one hundred soldiers, armed aud in uni
| form as such, and acting under the direction OF
Ambrose Burnside, Major General in the
army of the United States: which soldiers then
and there violently broke the outer door and two
inner doors Of your petitioners SAID house. and
entered the same and then and there seized your
petitioner by overpOwering numbers. and thence
carried him to the city of Cincinnati, in Hamilton
/ County, in the State and Southern District of
| Ohio where they imprisoned him. against his
WILL in a building on Second or Columbia street,
then used as n military PRISON. and your petition
er saws that he has ever since been and now is
detained in custody in said city of Cincinnati,
under military guard, of which Ambrose 4.
! Burnside is commander.
Your petitioner alleges that he was thus vio-
| ently seized in his own house. in the night time
without any warrant issned upon probable cause,
supported by oath or affirmation, and in contempt
of his rights as an American citizen. He saws,
also, that since his Imprisonment. as aforesaid, a
paper has been delivered to him, (of which a
| true copy is herewith annexed) purpOrting to
contain a charge and specification he has been
arraigned against his will, before number oil
/ officers of the Army Of the United States. as
sembled in a room of the st. Charles Exchange
on East Third street, in the city of Cincinnati
styling themselves a Military Commission, and
assuming to exercise judicial authority at the in
stigation of said Ambrose Z. Burnside, as Major
General aforesaid. But your petitioner denies
that he is a subject to any such mode of any
such "A mode of arraignment or of trial, and de
nies that all proceedings of such description are
in his case, forbidden by the Constitution and
laws of the United States
| Therefore, and TO the end that he may be re
lieved from manifest oppression under color Oi
military authority, and that he may be charged in
due course of law in this Court some other
with whatsoever crime he is intended to be i'm
puied by the charge and specifications above
mentioned, your petitioner moves your Honors to
grant him writ of habeas corpus directed to said
AmbrC se Z. Burnside aud all persons assembled
to act in obedience to his orders. commanding
him and them forthwith to bring the body of your
petitioner before this Court, together with the
cause (ifany) of his capture and detention. And
your petitioner submits hereby to whatsoeveI
the Constitution of the United States in thi:
behalf may require.
o. l.. NALLANDIGHAM,
BY George < Pugh, his Attorney.