Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-07-16

Major Darr was concerned, and that IL Oar
was included, he could plead former iud0
ment of the court. Major Darr's name wa
IneFeupon struck from the second writ, tn
Judge thereby recognising judicially, thai
Thompson was not in the custody of th,
United States. Thus in this amended Sc
eond writ, none but State officers were in,
cluded.
In the opinion as published, the cour
! speaks of ''contradictions'l between an.
9Wers and testimony. There was no d!f.
ference between the answer OF Major Darl
and his testimony. Both were maie under
oath. Nor was there any difference be.
tween any of the answers aud the testimo.
ny, and the Judge having preferred the
charge Of "contradictions,S was bound. as
an honorable man, to show them lin his
opinion, as he notified the public that he
intended to publish it. Bot he failed to
expose them, and from the ayidity with
which hr seized upon excuses to Justify his
Judgment, and the license he took in i'm
putting bad notions 70 others, 1t is fairly
inferable, that If there had been any tIcon-
tradictions," he would have gladly brought
them forward.
He quotes the act of Congress which
provides, "that the writ OF AGbeds corpus
shall, N no case, extend 10 prisoners in Jail,
unless they are in custody under or by CO.
lor of authority of the United States; or are
committed for trial before some court of the
same; or are necessary TO be brought into
court to teatify." Thompson was not ne
cessRFy for q witness, nor was he commit
ted to be tried before United States
Court; and the court had solemnly adjudg-
ed that be was not in the custody of the
United States, by Diminishing the case
against Msior DaFF, the only United States
officer known in the case. Thompson was,
to oil intsnts and purposes. in confinement
under State authority. The Judge so de-
cided when he issued his writ for State of
icers alone, striking the name Of the Uni
ted States officers therefFom after II had
been inserted,
He refera TO the act OF Congress which
requires the Secretary CT War to return q
list Of all persons under arrest, and not
held as prisoners Of VGr by the United
States. He says the Secretary of War re-
cognized the validity Of the law, by fur
niShing the court with such q list. But
ThompsOn's name was not on the list fur
nished by the Secretary, thereby showing,
most oonolusiVely, that Secretary Stanton
did not regard Thompson as held by au.
thority of the United States Further, the
Judge knew it from the testimony Of Maj.
Darr, who explicitly declares, under oath,
that he was not so held. .-I. l. .#.
But all this does not satisfy the learned
Judge that he has no Jurisdiction. He
states, with q flourish aud seeming tri-
umph, that Major Darr WAS an officer Of the
United States, holding his commission IN.
der the Federal government, and not under
State authority. and if he had commission
under State authority, he could not exercise
his power under Il, 90 long as he exercised
his poPer and performed hisduties under his
from the RadaHal
-''his acts so far as he performed them
under the State government, wOuld be nu-
gatory." He then draws the deduction
that the arrest, under direction of Major
Darr, gave it color of arrest under authority
of the United States, and, thereby, the
Jurisdiction Of the Court attached. Doubt
leSs, for the want Of better reason as the
foundation of his assumed Jurisdiction, the
learned Judge gave this, which shows an
alarming amount of ignorance as to the
facts. Major Darr has no commission
from the Federal authorities, nor did he
ever have ALI the commission he has was
issued by the Executive Of Virginia. com.
mission granted and signed by sAld Eexec-
gtiVe in q volunteer militia regiment; and |
if the learned Judge had understood our
civil and military organizations, and had
read the next section to the one he quotes, |
on page 100 of the Code, he would have
seen that it expressly provides that the |
preceding section shall not be construed to |
exclude from Office, militia officers or SOL
diers on account of the rec0mpense they |
msy receive from the United States, when |
called into actual asryice. So the supposed
fact Of the commission Of Major Oarr, |
which gives color, and thereby jurisdiction, |
has no existence. Major Darr is simply a |
militia officer of Virginia, receiving his pay |
AZ H,fk +. /
directed by the Secretary of War to take |
command of the Post at Wheeling, and act |
as, Provost Marshal Of the State, and while |
so acting to assist the Executive.
will give q single example, for illustrs- |
tion, to show the utter absqrdity oflIhe
Judges proposition, Major Darr Is in
command Of the Post at Wheeliug,-has
volunteers militia nndeF him. The State has
guns and ammunition in store, purchased
with the money of the State, 70 Furnish
the militia. A band Of robbers break into
the Arsenal, The act comes to the knoEl-
edge Of Major Dsrr, who, without my be-
ing cogniRant Of the fact, Rrrests the guilty
parties, placing them in jail, or among the
prisoners In the United States prison,
aWaiting trial before State Court for Of
fences committed against the laws of the
State. Now, according 70 Judge Jackson,
he viii take them out and release them ont
on Writs Of ha6sas corpus, Notwithstanding
the Act OF Congress says, that in such
cases the WFits shall not issue by the Courts
Of the United States. Yet, Judge Jackson
says Major 0arF was commissioned on
Ger OF the Federal Government, and because
without the knowledge Of the GoIerument
or any Of Its officers, he arrested the rob-
bers. the arrest would. therefore, be illegal
for, want Of legal authority 70 support Il.
Darr having his eommission from the Fed.
eral Government, "his acts; under State
authority, were nugatory," and Whatever
he did, was nnder authority Of the United
States, and therefore, gave color 70 the
arrest under United StateB' authority.-l
That being true, Judge Jaeksonss jurisdic-