New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1863-08-21
From the Utica Discover.
IMPORTANT HsBkAS CORPUS


| W. ~ D'c'u, oi Tue SupFtht Court;
yesterday. ST his "tficc in this city,
which iuvnlyei questions of the very
| highest Importance. II will be remem-
hered that Provost Marshal Fry recent
" Instructed Provost Marshals through
! out the country to make no return to
vii If habeas ccrpus requiring Ihen
to produce IL court the bodies of persons
claimed by them IA deserters. This
l. structinn, which strikes at the very
foundation of pers NAL liberty, and open
IL iefics not only the State constitution
but that Of the United States, has not
been acte upon uatil the present case
arose. and the decisions Of the court in
regard to it are therefore of great inter
est. The facts of tie case and the
action of the court are reported to be
substantially as fellows:
Upon the petition of Linus r. Hop
son, stating in substance that Charles
E Hops'n was illssally detained by
joseph P. Richardson. U. s. Provost
Marshal for the DIST Congressional dis
trict of Me- York, a writ of habeas
corpus VAS issued by the Judge, and
directed to the Provost Marshal. com
mfnding him to produce the body Of
Hopson, at 8 o'elck P NJ. on the 23l,
with the cause of detention. At the
hour named, tie Marsh.l appeared aud
made return in substance. and in ac-
cnriance with instructions received
from the Provost Marshal General, that
II opson had been arresre BY h,m as e
le.erter from the army, AMI was So
held to hc delivered to the proper mill
tary authorities and being held under
the military authority of U s, without
intending any disrespect to the court
or the Judge issuing the writ, he ull
not he subject to the process Of the
courts Of this State.
Judge B ,cou held and decided that
this was au insufficient return, AMI that
as the person of Hcpson WAS not pro-
tucea, and no sufficient excuse shown
for the neglcctor refusal. all attachment
against the Marshal must be issuet
pursuant to the 40 section of the q
article, part ?, chspter 9, Of the Revis
ell Statutes. The matter Was adjourn
ed to the oath, to enable the Marsha
IN deliberate farthe, and obtain counsel.
On the afternoon # the 24rh the parties
again appeared, when the Provost Mar
shaI stated that his il s,ructions were
so positive and unqualified that he
deemed himself TO have no election but
to obey them. and declined to make
any farther return.
The Judge then granted the ppltca
ton for an attachment, and 1t was plac-
ed in the hand, Of Sheriff Croker, with
the understanding that it is 10 he serv
cl pro for,na and the Marshal Was 10
telegraph the Z >. District Attorney
for farther advice, and 70 give All OPP
portunity, if so advised, to carry the
question by certiorar, or otherwise be
fore a superior tribunal for review.
The law under which the attachment
is issued provides TINT the Sheriff shall
forthwith bring into court the person
refusing to make a sufficient return :;
and that if such person still persists Iii
his refusal, the court shall orner him
to be con6ned in Jail until the person
in whose behalf the habeas corpus Is
issued shall be produced in court.
slt is proper to observe that Judge Bacon,
in politics. ie II decided republican Il Eds
Jour- of Com.