New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-12
LAW INTELLIGENCE.
UNITED STATES DISTRICT COURT - SOUTHERN
DISTRlCT OF NEN-YORK.-Before Judge BETA
In tie matter Of George w. L. Bcsley.
Tile HARr AS CORPrs OF GEORGE ". L. BICRLHY-IHbI

Bgrys -On DE submission Of he annexed ies and doen
ian III, FOREGOING case and upon their that the iacs
and connected with the matter thus brought 10
L. the beiorenlned George ". L. Buckley being citizen
of The state Of Ohio and citizen end resident Of Cncnus
AZ i o.. sy of Louisville. in The State of Kon.ucty
on the 18Th day OF July, 1862 and by ord,r o. Ms
Of ws s1' untS si a.. 'as ~ or 0
oner for Lafayette, in the harbor OF Ne. iorx seon
slass q S"s' jo ns biz .: Military
OF tie Eastern Military Department Of the United STATE
h,rbor Of boston, In the State OF Ms,san'e and in
he Mtery Department Of The East sud u there hello
Older made by the application of the petitioner
IN this matter served upon the reponden' Upon NO
facts the respondent lsJoI-oeh. pa sheelts 70 's az
lion this the prosecuted for rsef In TINS
0sr objection. have ALDO been take on III. part Of
aid Bcsy e Discharged by nesr OF these proceedings
from his imprisonment which have been ctcpsed by counsel
reception taken to the jurisdiction Of this court i sell sken
by the respondent and conclusive against this and
relief shall other points Of ojec
ton 10 the maintenance OF the present petition and motion Oh
the part Of tie applicant without detailed consideration
hereof 49, -,
The leading feature In the constitution Of Circuit and Dis
riet Cous in The United saies system of jur'pndence
that aae strictly li ed its capacity and bd 81
seton They exercise little or no inherent or incidental
power beyond that Of police or self protective cerlctsf and
hey possess rarely positive affirmative authority
rot d. slowed upon them by portment OF law Dor
der in adjoining States with eHecty Ike fame
authority conferred Independently each, across the
separating Line wi,hou, an enactment, Of positive law
enabling either act outside rs special lines Of atom
any than If the sister States were foreign nAonses
ca l. other. 80.
their api orgsny authority 70
enforce any description OF legal proc-ss-monion nbpena
command or restraint, within the state jurisdiction OF New
B.up.iirs-uness a hight to exercise such authority be
hich such process directed from particular appointment
by oct OF Congress. Ok pai,e GRAHAM, Wash, c. C.
Hi, tier and the whole procedure behalf Of the phs
uer that the arrest and imprisonment OF the prisoner
las n point Of form ard substance and that be can be
released tnereifom only IN sccoraaee Wit the provisions Of
Oh. act OF Congress March 3 1888 tie intervention Of
re,aitirns power in the President. ,.,,-.,-,, -.
rndcrsri drg that he prisoner in scns confinement with
the Disinct Of NefofS, aad Tor that reason lie
obtain his discharge rom the Interpolation OF one Of r
United States ous 81 this di'tc rs he tribunal winch
vc The remedy which 'ueh facts might suborne The re
ion ha he pTisore was tTcsied a. Louisville N.Y.
July Is sg] aud removed by order oitns ffeslc snd Sec
ety Of Ws Stat" or political rr'nsr to rort Lssye'ir
Msrch 90 1854 81 ever since has be and ~ held there
such prscnsr" Tia written t.us onned between the
petition tue answer .Ed pea OF the fpondont and the
facts admitted by counsel the heGrS 70 esst ~ the 81"
PROV, that tie pi.on,l actually rsnseTrod by order o.
Fort Wanei 10 all,sechu,c D'ric, AID there apoaed
nd confined b. order efte rsry OF Ma and hii con
tuned under that confinement since the, Period
That removal the prisoner 81 l. admitted. With due
.uhoiy Of aw and perfected prrvou' 10 the presen
sppcs being made TO THIS court for the release Of The
.op,r II was eaicd into effect by The cIres, order OF the
ecrraFy OF War under charge Of Gen DIX 80 Military Com
nsndlpt the Esstcn pepartmeni. which iaelode boh
ron Lafayette sal fot Warren Gen biz personally
tho City of N.wYork but IL not resident te'Pr Of
ecr io sui. ohewis- the commando OF either dan
ins both within the compare Of nj, general command 81
tue La.ie Military Department enerreins ewio'k viii
the New.Ens land states sud state q hcw-Jersey .
The svtoe Of the wrong sesed 20 hre been received
by the prisoner and which he aims 10 BE- protected AGAINST
end have ede.'ed by tn. arm aid power Of the ev law .
IL ton L.isye.ie IN til. STATE and dsinct;
TIL. den I'D f- upon The ron that the pfsoner IN
~ 70
lie ef 10 him arsinst Illegal acts ind dongs committed
him roush Tho agency Of Gen Dix rbn ils ,p.srs o. 10
u Of isiee comprchended within that comnsna and that
o.n,y there no seyeicnco ,nesItnseacy
,nc, oese 1colsss 10 30 r.,ieao.. Of .hs
nl q asas the S n. r',s o. % - % &
Without f,srrdpg the nsceusey Of DE petition In Thu
stating 'hs, III. pri.ou.f We. ,n h'li In
Ills dtic; the presertstion for BIZ dischur tire 10Th Of
March laos when upon Tie proofs he had h-.u Transferred
from For, Lsyet,. AID IMPRISONED in Fort Warren de
effect OF the proo In relation T. tire correction
Cen Di1 "th the custody Of &c pri.cne 70 be vital 81
il plain that he SIT Of ,he spposion 10 'rat the com. y
prison tie commitment complained o. and
made by order OF the Precedent ad SECRETARY Of War and
that The sen inquiry IL ,hti on the in.,. .nd regard
car ENTERTAIN jor,iiotion Of thai natter
The prisoner did no. n.ne., ely ccor' OF Jadrr 81 hi'
schsIssd from inPH'onmen, rive proo iat nouc Of
Sc, Of h. eoahn'e, It., w .sss.se Js, or court BE-
Ihr ,peefc remedy rnd r'rf p,yed for in The petition
that the Judge 'ts ordrr ssd o. w L. Hickey, dseLAre
rom inprsonn.ni such ged state political PRISONER
and upon the allegations IN III. p.on that reie Wa ui
9ge'iioD'by The srporIa'e and only Que pe'o.. 10 HIM
10 execute the order Of the IA St retect npo.ed BY
the .se y ,s. 10 W, r nToroa by d..
statute. opening the prison gate by order OF he court y
ass s, ,ps . ssn n a% i eo ~
ard conJ-tent TO di.psce al opposition ard resist
The civil authority In that emergency supJlhIn by
he
States would o 'upsTsde and snipe" local Authority In
M. Ard a,"h,sr.d BY ar.de,ioasl order and
udsmen, 81 a nntona. tribunal In New YORK..
Until such force ard operation to foreign pIo1t. pny
Massachusetts cannot edjudse that this court l. conp-
give tho relief s,s,d Tor ard compel the di.e.s. Of
the prsoDeT rom ont Warren and sccordnsy no that 1t
has DO Jurisdiction in the matter Of this application
decree 10 the lac import made In TIL. court IN "
Godcho Plum facts Of similar character i = 8 Sept
There "a rnsn., nconsruy Ut time fnarrsnt war for
civil ia bunsl to issue mandate to hsofOenersl ia
charge Of military department, coercina hir 10 leave hi,
by the Pre.dont and depsrt 70 different aud remote
and return from thence prisoner confined erea by order
ofthe hief with view replace such pris
oner within the Official cosnzsnce Of the Judicial Jurisdiction
o. the district In which his conminen hrt made that
tho prisoner may tho sdvsnsre of such relief
TIE local courts may DO qualified to sdnssef ~ Lin per
IL seems 10 me this would lead to grave nternnsns Of
judicial a,sun pon ward the direction o. the by
The President IN the field and in the actual employment Of the
military IN the servcs to which they are assigned by express
authority Of the CcmmsnderinC Chief
Of any power conferred BY law on any Judge
oy court TO thus and sursde revoke vary the
command. of the Commander hef to officer Of the
army In respect 10 military services Ia tim. Of and All
disposed to susurse precedent Of that character by
v.nturng an order Judge within this district, that Gen
Dix proceed from III post IL New YORK Hoon and rlurn
the prisoner Buckley rersosay from Fort Warren to Fort
Lafayette. here ra and uh judicial order Of the
here 20 be spilled for upon the matter proposed to be
inves iVated ia respect 20 bis imprisonment
perceive further authority TO grant the msndcc ssked
In controlling he conduct Of GIN Dir in relation to The I'm
p.onneD Of Buckley Fort Warren or bis removal theme"
dDct provided the petitioner Dprsoned at Halifax.
The petition and application the part OF o. w. L. Bck
Lar H. 1i.orr .f1rr dan "a LII