Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-06-04

such prisoner desiring discharge from said i'm
prisonment be brough before him to be discharg-
cd; aud every officer of the United States having
custody of such prisoner IL hereby directed imme.
diatcly to obey aud execute said Judges order /;
and in case he shall delay or refuse so 10 do he
shall be subject to Indictment for a misdemean.
or, and be punished by fine of not less than five
hundred dollars and imprisonment in the common
JAZZ ior period OF not less than six months, in
the discretion of the court propided. boircpcr
That no person shall be discharged by virtue of
the provisions of this act until after he or she
shall have taken an oath of allegiance TO the Gov.
crnment Of the United States, aud TO surport tho
Constitution thereof; and that he or she will not
hereafter in any way encourage or give aid and
comfort to The present rebellion, or the support.
ers thereof: And pr0rided, also, That the indigo
rcourt before whom such person may be brought
before dischargng him or her from Imprisonment.
shall have power, on examination of the case.
and ii the public safety shall require it. shall he
required to cause him or her to enter into rccop
ni2ahcc, with or without surety in sum to be
fixed by said judge or court, to keep the peace
and be OF good bchaTor toward the United States
and its citizens, and from time to time, and at
such times as such judge or court NAV direct,
appear before said judge or court to be further
dealt with according to law as the circumstances
may require. And it shall be the duty of the
district attorney of the United States to attend
such examination before the Judge.
SIC. g. And be il further enacted, That in
case any of such prisoners shall be under indict
ment or presentmcnt for any orcnse against the
laws OF the United States, and by existing laws
bail or rccognizance may be taken for the an.
pcarancc for :rial of such person, it shall be the
DUTY OF said Judge ut once to discharge such per.
sOr upon bail or rccOgnizlnce for trial as at6re
/ said. And in case the said Secretaries of State
ana W ar shall for any reason refuse or omit to
furnish the said list of persons held as prisoners
s1f1 Mt l4n tit,n Of 81.
within twenty days thereafter, and of such per.
sons as hereafter may be arrested, within twenty
days from the time of the arrest puy citizcn NAV
after grand jury shall have terminated its sess.
ion without finding an indictment or prcsentmopt.
as provided in the second section of this. act hv
a petition alleging tue facts aforesaid touching
any oi the persons 50 as aforesaid imprisoned
supported by the oath of such petitioner or any
other credible person, obtain and he entitled to.
nave the said judges order to discharge such
prisoner on the same terms and conditions pre.
scribed in the second section of this act pr9ri
ded, howerer, That the said judge shall be salts
lied such allegations are true.
The reader can easily educe from these
provisions the law of the question raised
by the arrest OF Gen. Burnside. They will
preeieve that proceedings under the writ
OF hdoedS corpus are to be suspended by
the courts whenever and wherever the
privilege of this writ has been suspended
by the President, which is not the case in
the State Of Ohio. Judge Leavitt, in re-
fusing to grant the wit sued out in be.
half of MIR. Vallandigham, stated that he
had not seen this law, which was cited in
Court by Mr.. Pugh, the attorney of Mr..
Nallandigham. We infer from this fact
that Judge Leavitt does not deem it nee
essary to have knowledge of the laws
which it is his sworn duty to administer,
or that his means Of producing informa.
ton under this head are more limited than
those possessed by laymen who read the
Journals which are authorized to publish
the laws of the United States officially.
or who possess a sufficient interest in snch
matters to purchase the volume printed bv
the eminent publishers, Messrs. Little and
brown, OF Boston, under the authority of
Congress. His ignorance of the laws may
be his best excuse for not doing his duty
under them.
And when judge of the United States
is Ignorant of the legislation Of congress
on this head, surely Gen. Burnside may
be excused for not knowing that Congress
by the act Of July Il, 1862, hadIexpress
ly provided for the trial by the courts of
the oilcnSe he alleges against Mr.. Vallan.
digham. Nor is it any answer to saw, as
Hen. Burnside urges in his statement
made to the Judge, that eve are in a
state of civil war, and an emergency is
upon us which requires the operations of
some power that moves more quickly than
the CIVIL for it was precisely in view of
such ali emergency" that Congress pass
ed the act of last July II, already cited,
and it was to exclude the possibility of
the arbitrary detention of persons held
''as prisoners Of the United States byorler
or authority of the President of the Uni,
ted States, as State or political prisoners,
or otherwise than as prisoners of war;"
that Congress passed the act approved on
the 3D. of March last, and the sections Of
which, so far as they relate to this case,
we have recited above. The Intervention
OF ourt-martial, Illegally charged with
the triol Of citizen, does not alter the
nature OF the imprisonment Of Mr.. Val
landigham, who, while deprived of this
liberty. must be regarded in law as one
''imprisonod by the order or authority of
the President, acting through the Depart
ment of War"
II it be true, as is said, that Mr. Val.
landigham has been imprisoned in Fort
Warren by order OF Gen. Burnside con
tirming the sentence of the court martial
Illegally charged with the trial of cit-
zen Tor an oiioaSe made cognizable by the
conrts, it follows that Mr.. Valandigham
is now held as State or political pris-
oner," within the terms of the act of
March 3d, 1868, and it will therefore be
the duty, as we doubt not it will be the
/ pleasure of Mr.. Secretary Stanton to re-.
port the name of Mr.. Nal!andigham to
the Judge Of the United States Circuit or
District Court which has local and legal
Jurisdiction Of the olIensc for which Mr..
| Nallandgham is now irregularly detained
that he may be put on trial according t o
the statutes made and provided for pre-
cisely such offences as he is alleged to have
committed NiS conviction, under such
I circumstances. would carry with il the
sanction of law. and as such would receive
the assent of aw.abiding citizens and be
terror to evil-doers.
We have havo said that we believe it