The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-06-09
INe KIRKLAND MABEAs CORPUS CASE.

Dsetsiom Of judge MeO..n-Csv,l Law
80 .Jur,.a,.,so~ - go. I.s-..
1.N..cr. rsss.
Nhshusoh Cssisen OF the Unsseo sssses-
The Provost BIarshal and the Oath OF
s""'"nerr iseAer Dis'A~fss"'
tEel AT CHAMBERS.
Before Hon. John H. McCunp CITY judge
yrva na.a.oo,u- s,...~v ,-,,s.. -.s,.. !, ,,,s
-" " ~ VI - 'y M , ' 80" 80,
On 'no is'h o. may 'As' oy rIovo's ss'sn. oe's'a'
ms,,hs.. \. a., -. -. 40. . . ..,,..s a.. ~,
'oa"y' "hen Judge Acoohn~oeN's'ea INC 'o''
loving decision. fs.t.
Tho reator in ,hs matter sidney kirkland was arrest
ed In this CITY on the I0th on Nav ast bv order OF As
been held and detained bv him a, the fart as-aks II
appears that Kraud has refused 10 ase Tho ath OF allie
70 the rovernmsnt ~hch Tho Warsbai Of
him unou the m when n in ALLEGED me soaId haze
beea atschargad Tha Msrsbal,s reinrn 10 tho writ of
shaas 70 rnns s, r,n ,hs, r1,lana has been for
many wears mast a resident and citizen 90 tho
state of Al bama vhich state Is now in armed rebellion
aga INST the Uni.ed stes ha, Kirkland left the state OF
Alabama in Anr Iast and permissou crossed the
pos OF the United Satss and came 70 the CITY Of
New York where he assumed false namc and engaged
with those in rebeiI,on and he therefore holds him M
suv or snbisct n The orders Of tho military authares
- prsopcr of war The traverse 10 the return denies
h being spy or that he IL engaged with any one carry
ng on Illicit Communication with the rebels and that be
came mere 10 avoid the act In the
states and to remain until the war IL over that he is
loyal TO the government md always has been The onv
evidence before me in the matter is that OF Philip K
Marsh special officer attached 10 the provoet Marsbas
e6ce He testdes 10 arrestins K,rliand 10 HE going
uoder an name and that when he arrested hn
he had bundle Of goods with him. and that Kirkland told
him he clt The South to get rid or The csnscIo,on
and mt nded 70 remain here unti after he war was
settIed that the goods which he ~. n,chss,cs es
for his Immediate family nss ana for nresanss Tor
A. IN, herr FAMILY Residing In Crnnocc.t Tho soods
consisted principally Of linen deaines, pocket handkcr
nothing but pckn nm these little lots az goods The tea
tmony estabishes nothing beyond this In regard TO the
charge against him. II s aimed on the part of the gov
srnment that "a Kirkland IN Arrested under coor 81 mill
tary law for an offence trabe alone bv military courts
diction TO inquire into the merits oi the Gaze These
questions been repeatedly raised and determined in
the weight Of authority Clearly il hs, state Judge nav
Decide 40 10 the legality OF an imprisonment under any
ssrsamsssne where . writ Of habess corpus can be
e the Of the acts or Coneress or Of the
srsdcton Of court Of the United states but no person
can be deprived OF his liberty under anv or color
law whatever which is not subject 70 proceeding Of
this nature II the civil law is In orce he Is entitled to
Judge s bound n look into the csuse or his de-
teosion Estate VS. Wcderstrandt u r. Chart pa case
Sergeant. Hali,s Law Journal ocS camnouwesI,b 70
Murray Atm Bnu.. 4s1 And ~ the case az Cation
~ the aSes n%o, o. the sA ur
raised the Court unsnmousiy held that they had such
.,sS, a.i savage Then .S.d.Say .,e;sOa s
AMI N this canrs 70 s,o,e hin 20 h, Hh a r
prsense Of authority under the laws Of the United states
A excusiys nr,sS,cton on Ine conr,s Of ,he Tncs
States, nor costs the ordinary "risdicon Of he state
Ihac If hal
S,rsdic ION over their oa rThs s,aia 90 n;S 10
f"1 ne bS o. sa ssw w. ~ nc ~
wus. o. 'n aa.e 10 sne case OF
MN for corsssn IN d,ohav,n , - hshea a,
SLOWED BY acommssiOner Of the Court directed Gene
IIntsa S,a,as !, sh,ch or","anaoa htr, - S,o
ths body Of samuel Stacy. who. Il appe s ID
charge Of ana ~ Sss an,hor,x douss n "n
the Of e So Daoss nr IL e o,e
ocrusd tSa S S0nI ted was case Which con
INTO ali the acs even thouph the prsonsr wac IN co.e
ana thu cr And under military
81 trsa.oo and amined INTO lie fscss ~ ,S ss CnS
Jssse Kent said III S the Indispensable duty Of This
- acraced "a act AZ fsbfui rnsydsn Of he
Hberty Of the citizen And To- rive ready and scnai aid
- a. Mean. n.ovtda Ne n =, To- ,.s ~ ~
sost vaush,s ~ hs % - ~" "s ~. ~ 49, s ne
WhscA has ustlv BEEN deemed tSs gorv o. sss E%glsh
n. can DC Sed 70 ShS Hoqp % that ,ni pro
~ mster mt that a N NV drsv "a trir" M, Al he
q me c.' n. ana inc merits o. p: cause
norly held or That he ia relieved from an iIessl
ssaxnemsnt. A. the return claims be Is held
- : snv or u.sonsr a. vsr a n.cornss
ssesss.ry 3 know VIVA. de laws provide Tor " sSoss
oases s only acts Of Congress relating 70 spies are
as uos szsns or Or OWN. ae9pcs % s. United
6nitsd States q Ansrica who shAl Be found lurking a.
m Of g ~ Uutsd sstss sS susT doDsh
q act passsd February -. 1884, which relates 70 All
Who 70 time Of, q ~. o. rebellion clio. .ss1.. the
uuch IN or about The fortncations encampmsus posts
suarters or beadauarters or the armies OF the United
asso: snd lastly the act passed March 1888 n hch b
IAetantiav The same ~ The ast sct there q no proof
Sassvsr nor = 4 pretended on the part Of the eoyern
1sat thss TIM man IVES found lurking about the ortin
soelons srmse epcampmens or anywhere else q . spy
aoes Nor can he be bald - prisoner q war for he 70
- sn sosmy ne On"sa h n - ~ U p
ssa,ss Or secretsrv Of war or OF STATE; in fact.
- specific charge Of any nature has been absolutely
100 %. sssan,. MN ana 20 ~. s ncJ ~ n.
Sssts which d in rebellion against the government; but
tha fact does not necessarily make him guilty Of treason
ny "s =, n,.ss h,ro a,.snshas - snv ~ shs ~
sed by the counsel for the government He Is citizen
Che state OF Alabama and her rebellion dos not de-
nm 81 n ~ &c ne.
~ citi.sns a each STATE sha be entitled 70 eli privi
lsges and immuntes Of citizens 10 the several sties"
AID sec no reason why ne enouId % MADE an excep
ocS and compelled y me rrovost harsns 70 ..ke AZ