The southern aegis, and Harford County intelligencer. (Bel Air, Md.) 1862-1864, 1863-11-06

draft, or for any other offence against the
mllltarysor naval service" S
: &Ghisisweepipg declaration finds no basis
on which to rest in the law of Congress,
and in some of its denominations, inv olves,
inadvertently we doubt not, an express vi
olatiop Of another act of the last Congress.
With what propriety can 1t be said that
"ofhcers, soldiers or seamen enrolled, or
drafted, or mustered, or enlisted in the
land or naval forces of the United States
fare prisoners, detained under the author
OF the President;" and yet it is only as re-
CARDS persons who can be thus styled in a
!, soorn certificate that the, laws of Congress
of March Sd, 1853, authorizes asuspension
:, Of the privilege of the writ of habeas cor
pus Suppose the case Of youth, under
the prescribed age, who has Been improp-
eriy drafted or enrolled in the army
May he not Loyalty perform his duty as a
soldier while making application to the
courts Of the country for redress? And
ih what just sense could the officer under
whose command he was placed make re-
turn to the judge that such person was
held as ~ prisoner under the authority
of, the President ?" How the aprocama.
ton will operate in increasing the hard
ships Of the draft, as respects persons who
are enormously enrolled and drawn, and
who have actually entered the service,
may be read in such cases as the follow,
ing. We copy from the Cincinnati Ga
zette Of Monday last: - ID .''' '.@ '"'
''Three boys, named Isaac NJ Owens,
Isaac Traphagan, and NJ B. Miller, who
had enlisted in the Fourth Independent
Battalion, o. V. c., Major Joe Wheeler
commanding, were brought before Judge
Leavitt, of the United States District
Court, on writ Of babeas corpus, on Sat:
urday morning, and discharged, it being
shown that they were minors when they
were sworn in ~ 'f y ''''..i''
All such proceedings, even before a
Judge as 'loyal" as Judge Leavitt proved
himself to be in the case of Mr.. Vallan-
digham, will now be stayed or dismissed.
1t is plain that when the Congress au.
thorized a suspension Of the privilege of
the writ Of habeas corpus with regard to
certain prisoners it did not mean to.
place "dfficers, soldiers, or seamen" in
that category, unless they had made
themselves SO by some positive act. The
Presidents classification is too comprehen-
sivei.. o. '&''T"i 9di r. ve.r@hlin "a
But we have said that the proclamation,
so far as it orders suspension Of the priv
ilege Of the writ Of habeas corpus with
regard to a certain class of cases, is viola.
tive Of an act of the last Congress.
We allude to the act of March 8, 1868,
entitled an act for "enrolipg and calling
out the, national forces" The TWENTY
fifth section OF that act is in the following
words: '2a ~
"And be 1t further enacted, That if any
person shall resist any draft of men en-
rolled under this act into the service of
the United States, or shall counsel or aid
any person to resist any such draft; or shall
assault or obstruct any officer in making
such draft or in the performance of any SER
vice IN relation thereto; or shall counsel an v
person to assault or obstruct any such officer
or shall counsel any drafted tneu not to ap
pear at the place of rendezvous, or wilaliy
dissuade them from the performance of hi. I
litary duty as required by law, such pepsoa
shat be subject to satnihtary arrest .ly The
pro0oS marshal, AND HE SHALL BE
FORTHWITH DELIVERED TO THE CIvfL
AUTHORITIES, and upon conviction there
OF, be punished by a fine not exceeding
five hundred dollars, or by impf isbna1ent
not exceeding, two years, or BY both Of
said ipunishments. "qP' t'9aoT. 31om "dl
Now, the proclamation Of the President
suspends the privilege of the writ habeas
corpus with regard to persons arrested
'for resisting . draft '7 Suppose, then,
the case Of a person arrested ID New York
blythe provost marshal for resisting the
draft in that State. y The law says that
he'"sHALL BE forthwith delivered TO- tbe
civil authorities for trial ana conviction
if proved guilty. The proclamation says
Chat the provost marshal may detain all
such persons according to his will and
pleasure. The privilege IF the writ Of
hdbeas corpus being suspended as to such
cases, the, courts are left powsrless to en-
force Their own mandates or to Administer
the law Of the land in this matter. III Now,
which shall stand |? The law Of Congress
or the proclamation Of the President ?In'
1t ID plain that the President has acted
without due elaboration, which brings
him, or MS agents in acting under it, In
direct conflict with the letter of a law
signed by him on the same day with the
law under cover Of which he assumes 10