The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-09-18

Rurdrea and Seventy. bird New York Volunteers wis
kas neon solicited by Mrs. wiasor, tho wife o. man
ssaerly enlisted N tAe company u wn,cn 10 , 80"
Saptsia 10 dfscharge her husband, and aeo aueeu
70 FAY Is hundred and ffly dollars therefor WIS en-
eoarasei palnger 70 drink and, while the later was
e for insor and received tho two hundred and hly
dollars giving Mrs. wsor pretended discharge which
= pus in evidence BaldIneer's dobauch continued
~asx At the end Of this time ne returned his family
and IL does not appear that any attempt was made
" capture him Nine months afterwards he arrested
deserter by Edward Daily, baif OF samuel T. Mad
dox Provost Marshal csned by Candy, but this
tsaversed The return OF General Candy tina. he holds
" prisoner under the authority of tho United States
H., not "of tho President Of tho Un,ted States" The
return Is travorsed by almost general denial The
p.oois 10 The case do not show either enlistment,
lnspeosicn or any action Of Badinaer TO bring
PIN within the terms Of tho proclamation Of
September Is, 1863. Tho case is brought on for
hearing on the pleadngs and proofs, when motion is
made 70 dismiss the writ The proclamation does not in
either letter spirit touch this case. The writ s
pended in cases of. Prisoners Of q Spies
B. Aders or abettors OF the rebellion 4. o,sers SOL
oiers or seamen in cases particularly enumerated.
Judge Belts said that the fact whether this is i'm
properly IN custody or not Is the very question which the
court IS by the proolamaton not allowed TO inquire into
me basis OF the argument appears to be that the govern
ment cannot compel an infant 10 servo do not concur
In that view Our form ~ government has much right
70 eau 70 the field every capable Of bearing arms as
any absolute monarchy the OF the earth The
snrn states that he Is detared desostcr is high
crime for IN desert his colors The question oc
oars whore he shall be tried II he brought before
any OF the courts OF the United states he could not be
tvse and the only tribunal before which he heard
that OF the Provost Marshal nothing IN this ease
70 induce me IN take II out ~ the jurisdiction In winch "
N properly placed by the proclamation, which is conclu
etve on all the courts aud have 70 in1uire INTO
tho OF who Is soldier and under the mill
sary authorities have more authority TO act under
Tho writ than would to issue writ This writ is. there
eose, dismissed and the reator remanded 10 the mil
saxy tribunals.
TIE did render decision in tho case OF Mr..
vsodorck A. Waring.
SUPREME COURT SPECIAL TERM
Before Hon. Judge Cerke.
Sxp1. 17In Me Matter of the Habeos Corpus Of Mioha,l
Or This case coming up, Mr. g, j. Classy. for Colonel
Nugont raised the question whether the Presidents pro-
o1Amaron did not suspond the proceedings.
Mr.. Jochimseen claimed that IL did not.
The Judge ordered the whole matter to be heard ut the
eon0ral term of this court be held Monday be
ore Judges sutherland Dgraham and LEONARD when all
~ important question: " tho 70 DO hoard and
adjudicatcd by n full bench.
Mr. classy stated that Judge Belts, 81 the United
6aos District Court had decided the effect of the proca
nAtOn be suspension nj all proceedings ia tho pend
~ Cases OF babeas corpus. is