Sioux City register. [volume] (Sioux City, Iowa) 1858-1871, 1864-02-13


h WASHINGTON, Jan. %.
Hon. George E. Pugh has been ip this
city for few days pas. for the purpose Of
arguing . motion bsfore tho Supreme
Court for , writ'of certiorari in tho case
If M. v.llsudighan. Nj. Pugh's brisf
sets forth:
Clsmeu. L. V.llandieh.m . citizen Of
the State Of Ohio, residing in Dayton,
Montgomery county, and not enlisted or
commissioned in the land or the naval
forces Of the United States, nor called
into actual service as miitiaman, was
arrested, in his own house, by . party of
soldiers, between two and three in the
morning Of May 5th. 1868, and thence
taken 10 Cincinnati, in Hamilton county,
and there imprisoned.
On the next day be was arraignsd be.
fore q Military Commission. convened BY
order OF Maj Gen. Burnside, commando z
the Department Of Ohio, upon charge
aud specification in these words: Here
follow charge aud specifications.
M. Vallandigbsm denied the jurisdic.
ton Of the Commission, and refused to
plead either to the specification Or the
charge; whereupon the Judge Advocate
wss directed to enter plea Of mot
guilty. for him, and the trial proceeded.
At the conclusion Of the testimony, Ne.
VaIisndighan read . statement (of which
the record contains no copy again deny.
ing the jurisdiction Of the Commission
to which the Judge Advocate replied that
"that question had been decided by the
authority converting and ordering the
trial, and he was not called upon to dis.
cuss it, nor had the Commission" been will.
ing, at any time. to discuss it!'
TO snnul the sentence ~ illegal, for
wan. Of jurisdiction in the. Comm ission
which pronounced It, Mr.. Vallandig CHAM
now applies for writ Of certiorari
The act Of July ~, 1862, Ito amend
the act calling forth the militia to execute
the laws Of the Union, suppress Insured.
tons and repel invssions, approved Feb.
rusry 2s,h, 1895, aud the acts mandatory
thereof, aud for other purposes provided,
SEC. 5. THAT the President shall ap.
point, BY and with the advice and consent
Of the Senate, Judge Advocate General,
with the rank, pay and emoluments Of .
Colonel OF cavalry, the records and pro.
ceedings Of all courte, aud where record
shall! be kept of ii! proceedings had there
upon Statutes at large, rok IL, p. 59S
The motion is, therefore, that the writ
Of csrtiorari be directed to tho Judge Ad.
vocste General Of the Army, 1t Washing
ton city, - the officer to whom the pro.
ceedings Of Commission had been sent for
revision, and in whose custody the record
of those proceedings will be found.
Mr. Pugh makes the following points :"
l. A Military Commission is court Of
regular authority, but its jurisdiction is
limited.
2. The jurisdiction Of Military Com.
mission does not extend to the case Of a
citizen as such. but only to cases arising
in the land or naval forces or in the militia
when in actual service.
3. Neither ,he charge" nor the "spe.
ci6cation' impu,es any crime known to
the law Of the land; for which reason,
also, the sentence Of the Military Commits
sion was in excess Of its jurisdiction, aud
ought to be annulled.
4. Gen. Burnside had no authority to
enlarge the jurisdiction Of Military
Commission by Orders No. 49, or other.
wise.
5. This court has authority to issue o
writ Of certiorari 10 this case.
s. C-tiorari is a writ of right, er deb,to
jMstiiia, and not Of mere discretion.
!. The proceedings Of the Military Com.
mission having been returned to the office
Of the Judge Advocate General, at Wash.
ington city, for revision and record, rs
provided by section 80 Of the act Of July
IL, 1862, the writ Of certiorari should be
directed to that officer.