The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-08-12
LOCAL MATTERS.

INTERESTING HaBEAs CoRPus Dsersros. The
decision In the case Of II. Dorsey Ogden was de-
lvefed yesterday by Judge HalybHrton to 70 large
audience, attracted by the Importance Of the rule
be established. 1t is sufficient to say. that the de-
cision able and comprehensive, answering
clearly all the points made in the Ogden
enrolled eonseript, and the Application was Tor
discharge, on the ground that he was an English
man, even should ohaye acquired doin'cii- The
Judge cited the acts of Congress- and proceeded 10
say, that all the legislation OF Congress, the Ian
guage all residents of the Confederate States not
legally exempted Is used and the question arises,
domiciled foreigners exempt! The Courts OF
the Confederate States well the several States,
have almost universally decided that d0lniciled
foreigners liable, and the practice OF the War
Department is governed by those decisions 1t Is ey
dent Congress intended the act of April q, 1864 tt
include all residents except temporary sooufners,
and international laws cannot alter that Intention.
1t is admitted tls; Ogden is Englishnaa 10y birth
at least not positively denied and our first enquiry
Is to whether he is domicied. Here eopious
definitions Of domieil are cited such questions are
difficult of decision Here, the petitioner came to
America with his parents when he was eight years
old. They resided III st. Louis some eight or nine
years; when they removed to Iowa; the petitioner,
separating from his PARENTS travelled as an actor 1t
Is shown that the father became the owner OF real
estate in Iowa, and the probabilities are that he
naturalized certainly domciled Unless tN pet-
toner shows otherwise, the residence OF party is
prtBta fdcie dOmiciliation Such has been the dec-
sion OF the Supreme Court of the United States and
the infant status follows that OF the father
1t shown in the evidence that the pet-
toner went to Mobile u til. 4 professional
engagement, where he resided SoInc time, and
married; that he visited his Etthe. Iow and
after visiting various cities in the Confederate States
professionally, returned to Mobile, where he re-
manned until 1861 voting there; the petitioner says,
while drunk. Why did ne vote Probably he
thought himself entitled to vote because of long
residence. Surely his vote would not have been re-
Ccived if he had been drunk as not to know what
he WAS doing The Judge thought he was domicile'l
i'll Alabama and liable to consciption. While he
may not BE- naturaized citizen, he is, nevertheless,
dociled and his expressions of intention to return
to England do not rcbut the dOmicl arising from
long residence Whether he be subject OF England
the United States, he is domiciled here, and Is
therefore remanded into the custody of the enrolling
officer.
At this point Mr.. James Lyons obtained the ear
of the Count, calling the attention of the Judge to
provision OF the treaty between the United States
and Great Britain, which the counsel had thought
sufficient to meet the case. The Judge consented
that re-hearing might be had on that point on Sat-
uday next, he had not considered the treaty re-
ierred to in making up h.s decision Whereupon
the rule remanding Ogden is suspended until the
hearing of the point made.