Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-03-08
~ g 5 81, 2 2;
EditotI iHtslllgeHst4
This Is suit still beudipSff1 the I'd,

Tue oIsEe Oh Vnlo. ~ there has been EgIlch
Misunderstanding OF the case, aud there
seems to be general interest in the sub
ject, in this region, have here furnished
you report OF It. so tar as it has been de-
cided. or A
The piaiutiE claims by his petition, that
ON the. 2stha day ApEil,slS 68, lhatzReiF-
point aud Darr, "coutriving and malicious
" intending TO iDjdfe the plaintiff in his
business, health and reputation, falsely
and maliciOusly, aud without any reasona-
bic cause, assaulted him, and caused him
to be arrested and IMPRISONED, without pro-
cessEand kept and detained him from that
day until the commencement Of the suit"
to the damage of $4,000. f1i' zgs
This suit was brought on the 22d day Of
June, 1862 t@ iafI
At the time ofthe commencement of this
suit the plaintiff Wasiimprisoned at Wheel
ing. z1P ss58 5st' sa- sl 81
There was no arrest of Gov Peitpoiut,
or any order of arrest in2the case. ss
The suit was commenced by summons,
a copy of which was delivered TO Gov.
Peirpoint, At Bridgeport, in Ohio, where
he had gone to take the train for the east
Joseph DArr, Jr., was not served. -Sl'- ~.
The snswer of Gov. Peirpoint justified
the arrest of the plaintiff, by an act passed
by the General Assembly of Virginia, on
the 4th day of February, 1863, entitled,
Gan act authorizing the Governor to arrest
dislOysl persons as hostages" which act is
as follows: Z q ioenAa afa.n AZ ~
"WHEREAs, 1t is known to the General
Assembly that evil disposed persons and
others, under the influence aud orders of
the assumed rebel government, have made
tia practice land recently, too,) entered
West Virginia aud seized and carried away
citizens into the sO.called southern con
federacy; and there have detained and I'M !.
prisoned them without cause, and unless
this system of kidnapping be promptly
checked, such conduct will continue and
increase 70 the manifest oppression of our
loyal citizens; for remedy, whereof,
aF'I.A Be 1t enacted blythe General 4Ssem6Iy
Of EErginiG, That ilhs Governor Dt this
Commonwealth ia hereby authorized aud
requested. in all cases of the seizure of the
persons of loyal citizens of this State, by
any parties acting under the authority of:
the so. called southern confederacy, the
pretended State government at Richmond,
or other military organizations acting in
sympathy or concert with them, or either
OF them, to seize aud bold as hostages for
the safe rendition of such person, or per.
cons so seized and held, so many persons
ct known dtsloyal sentiments, as iu his
discretion may be necessary to effect said
rendition. 80 ie# % 5,''' 81 Js3ut i
~ "2 This act shall be In force from its
passsge." fua4 7i'' a@4.,s',tG ~" q
That before the passage of that act
some evil disposed persons, unknawu 10
the defendant, acting uuder the orders OF
the.Rsshmed rebel government, had arrest
ed aud carried away into the So called
Southern COnfederaoy, TrAyhOrn, at that
nf Ro ri
and loyal citizen of the said Barbour
couaty, in the then State of Virginia, and
that he was at the time of the arrest OF
the plaintiff, without cause held in prison
in the said so-cslIed Southern Confeder-
| acy. 'i' 5"f-'.''1, d
That VIM. F. Brown, loyal cit'zeul f
Preston county, was in like manner held
in prison. ~. sa. .a@= -..a ~
That these persons, aud others so arrest
ed, were citizens, in civil life, and we're
not in the employ of the. United States. or
the State of Virginia, in any military ca
| pacity. .4t Of
The answer AYERS, thatthe. plaintiff was,
at the time OF the said arrest, a person of
known dislOyal sentiment, aud was sym.
pathizer with the rebellion, aud that the
said +. II. Pierpout, in his discretion a !
Governor of the State o! Virginia, by
"A
sembIy of Virginia, in Ohio county, in the
then State Of Virginia, ,rithout malice, or
Intention OF doing wrong to the plaintiff,
| caused him 10 be arrested as a hostage:
to be held for the safe rendition of the
said TrayhOrn and Brown to freedom and
their homes, and for that cause and no
other. 1at trwe
He especially denies, that in the said arrest
Of the plaintiff, Thompson, he was actuat-
ed by any motives of malice, or any intent
TO iDjure the p aiutiF in his business,
health or reputation. .at.. tstz5 al. j.
To this answer, GU the 3lst of Decem-
oer' 1868, the plaintiff, Thompson, de-
INJURED.
He assigned the following causes why
the answer was not sufficient.
lst. THAT the law set forth in the AN.
swer is void in this; it is contrary 10 the
| Constitution of the United States. ''l..'
End. ''That Pcirpoint never was Cover.
nor of the State of Virgtnia, or auy other
State, but mere political adventurer,
without means or principles. H ttt' fl'H'
Sd. "FhaC said answer does not state
facts showing that .the lptaintift was of
known disloysl ,sentimeuts. -
4th. r'Ihat:the abolition 3rebels "a 4 one
portion of the State OF SVirgihia cannot In
wade the private and: constitutional rights
OF the citizen and-PIead in war similar
violation, by the secession rebels in .ano Their
portion. = : - = I - - l
9th. 'sThat the answer does mot show
thatthe pIaiulia.was seized by process upon
proof of facts tending to show his-k no W n
dislOyal sentiments.
9Th. THAT the civil authorities have, no
power to hold, or, have delivered Ia. them
any perst as hostage, aud when arrest.
| ed and imnPiaonRh.g ia mt IpCh .
7Ih. "That the answer constitutssripo,
defense to the action, aud for other causes
the said answer is informal and Insult .
Gent" ~ - > -, 49, : :
The second cause ,of demurrer was
| atricken out hY thu nIainfiEf haEnra ~ :.