The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1863-01-30
Another Arbitrary Arrest.

Another Arbitrary Arrest.
The last issue of the Fulton Democrat comes
to us with the following announcement under
its editorial head:
"Any inaccuracies in proof this week will be
accounted for by the fact that it was read by
the editor while under the guard of three Uni
ted States soldiers, he having been arrested for
the crime of acting as counsel in the habeas cor
pus case reported below. He informs his read
ers that he is still in favor of the largest liberty
in every lawful sense of the word, and ready as
ever to do battle for it with tongue or pen.
Unawed by the glitter of bayonets he bids his
readers learn their rights and stand up foI them."
'sThe sAaJeas corpus case' referred to by the
editor of the Democrat, was that of drafted
man by the name Of Forney, who had been ex-
empted from service, by the Draft Commission
er, under the following circumstances: Forney
had notified the Assessor making the enrolment
for the township in which he resides, that he
was over As years of age, and it was so writ
ten down. On the day Of appeal he appeared
before the Commissioner and swore to the fact.
A red line was drawn through his name. At
\soue other time the words s1not exempt were
rritten after his name, and he was drafted, and
e word ''drafted" written over the words ''not
empt;" subsequently the word ''drafted" and
Swords ''not exempt" were all erased, and
ords "over age" written at the end of the
h which his name was entered. Notwith-
gave the name of Forney to the officer
'rovost Guard which had been sent to
nellsburg for the arrest of Militia-men
ad failed to report; and thereupon the
Guard seized Forney with the inten-
however, made application to Court
privilege of habeas corpus, which appli-
was tried before Judge Campbell, who
ID the writ, the opposing counsel acqui-
in the justice of the judges decision.
Sheriff served the process issued by the
it for the delivery of the person of Forney,
the officer of the Provost Guard, who at
be surrendered Forney and gave up all claim
retain him in his custody. But subsequent
Lieut. Ford, 1.-THE officer just spoken off, con-
luded that he would re-arrest Forney and take
him with him in defiance of the law and of the
Court Accordingly, on Wednesday morning
last, the Lieutenant, with two of his men and
boy to point the way, proceeded to Forney's
house for the purpose of again efecting his ar
rest. The officer searched the house, and final
ly came to pair of steps leading to the ktch-
en- loft, which he attempted to ascend, but whilst
in the act Of doing So he was shot in the shoul-
der, the ball entering through the shoulder strap
and passing downward. Thus ended this some
what tragical farce, so far as it concerned the
attempted arrest of Forney as drafted soldier.
But the after-piece was yet to be enacted, and
this was part which only those lowest of low
comedians, the hirelings of the War office, could
properly perform. Henry G. Smith, Esq, ed
itor of the Fulton Democrat had acted as coun-
sci for Forney, in the hadeas corpus case, and,
because his client, in defence of his personal
liberty, guaranteed him by the law, shot the
man who was attempting, contrary to law, to
deprive him Of that liberty, Mr.. Smith is ar
rested and hurried off to prison, beyond the
limits of his county, without any charge speclf-
ically preferred against him by any one, with
out any legal process being served upon him,
and without shadow of justification for his
arrest, except such as was founded upon rumor
and suspicion.
We do not pretend TO know what was the
mature of the advice given to Forney by Mr..
Smith, as his counsel. 1t may have been prop
er, or, il may have been otherwise. But this
we do know, that if Mr.. Smith gave such ad-
vice as would render him nmenable to legal pun
ishment, the civil courts are yet open in Penn
sylrania for the trial of cases like his, and the
Twenty-Second Section of the Ninth Article of
our State Constitution, which says, "No staud-
ing army shall, in times of peace, be kept up,
without the consent of the Legislature; and the
naataryshaR, IN ALL CASES, and AT ALL
TIMES, be in strict subordnation to the cini pour.
n," is mot yet repealed, though suffered to be
tranpled under foot, by those who are sworn
to maintain it.
e@Morrili, Of Maine, Doolittle, Of wIscon-
ain, Chandler, Of Michigan, and Wade, of Ohio,