The south-western. [volume] (Shreveport, La.) 1852-1870, 1865-12-06
Habeas Corpus in Alabama.

Very interesting proceedings reported in the Mobile
Register Of the 23d occurred in the u S. district cour
for Alabama the 3D. growing out of the application
Of Thos G. A. Dexter fer writ of habeas corpus as biz
petition sets forth. Mr. Dexter went to Mobile in Ma,
last supervising special agent Of the treasury depart
ment. Early in November he was informed while II
New Orleans, that order for his arrest had been Is
sued By direction OF Maj. Cen Woods, commanding a
Mobile, and forwarded to New Orleans for execution
To avoid public scandal Mr.. Dexter was permitted t.
report to Gen. Woods He was Immediately placed il
custody Of military guard and kept in chase confne
ment The petition further alleges that ting complain
ant is ignorant of the charges upon which he was m
rested and that he is held ii durance purely by virtue
ry authorities alone.
The prayer Of the petitioner was granted bv Judge
busted, and the writ directed to and served up0p
marshal general of Alabama The return of Col HIM
ter Brooks was made as follows:
HEADQUARTERS DEPT OF ALABAMA
Office Provost Marshal General Nov 81 (
respectfully returned | am under acting military
orders from Maj Gen. G. r. Woods, commanding tbis
department.
do not recognize the authority Of Judge Bpstaed and
therefore decline to respond to the writ
HUNTER Books
Breyet Lieut.. Col, and Prov Mar GenI
Gen. Woods made the following response:
HDQ'Rs DEPT. OF ALABAMA
Mobile, Nov. 22d 1865
by way OF return to the within writ L. brevet major
general Charles R. Woods, of the department Of Ala
Bana, respectfully show that the said Thomas c. A
Dexter IN said writ named is imprisoned and detained
by me- by authority Of the president of the United
States, and Of Maj. Gen George H. Thomas, command
ing the military division of Tennessee That nv tba or
der and proclamation of the president of the United
States the writ of habeas corpus is suspended in the
state OF Alabama and that consistently with the orders
OF n supeors, the president of the United States and
naJ zen; THOMAS, cannot produce the body of said
Thomas g. A. Dexter, before any civil tribunal and Dro
testing due respect for the honorable the court of the
United States for the district of Alabama decline In
obey the writ or to make any other or further return
CHARLES e. WooDs
Bvt Maj. Gen. Com'dg Dept. Ala
These returns were declared by counsel "yfouv de-
fectlVe and insufficient, and motion was made for an
order to require Col. Hunter Brooks and Cen Woods
ITO make further and full return to the writ To this
Judge busted responded as follows
agree with what the counsel has said touching the
nsuhcency of these returns. That of the provost mar
shall is not insufficient only it is djsrespscfu to the
court. 1t ls'not proper in making answer to writ of
labeas corpus TO deny the authority of the officer ssu
ng the writ. This is no part of return I can but
lope thatan officer in the service of the United States
Of the rank Of the respondent Hunter is not guilty of
Intentional dISrepec to the courts of the United States
md that the language in which he cOuches his return
PREMISES If supposed that the matter complained of
Proceeded from Tlclousness it would be my duty to or
Ter that he show cause to morrow morning whv he !
mould not be proceeded against for contempt / |
hoose the charitable construction and pass it over with
hese observations. The motion that he make fprher
eturn VIII not be granted 1t is unnecessary because
what he calls his return he is actino rndar orIo
rom Gen. Woods, his department commander and he
ause IN the return made by Gen. Woods he assumes
g OF the Imprisonment Of the petitioner
Inc moIion VIII be granted it respects the return
lade by Gen. Woods. This return is altogether insult
Gent 1t does not comply in any essential with the
of the law The writ of babeas corr,,s ia
ne peoples writ of right When issued ont of a r 9
curt the practice upon the return to it conforms
racce OF the supreme court of the State in which the
ISlGt court Is situated 1t is of the essence of the
iC mat the BODY OF petitioner be produced with the
5turn II the respondent have his custody The stat
ties OF Alabama require indeed the statutes of all the
tates requrethat the body of the petitioner he nro
tho