Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-08-02

AppLeafion IN behalf Of Emerson Eterjdge for the
Writ of Habcas C5rpHs-The Return Of General
Thomas.
NASHVILLE, Tenn, July q, l865-TO Lit. Col.
P. T. DeBussey, Columbus, KY. Make the follow
ing return to the writ of habeas corpus in the case
of Emerson Etheridge:
To the Hon. c. S. Marshall, Judge of the First
Judicial Circuit of Kentucky: l hereby acknowl-
edge the service of the writ of habeas corpus attached
and return the same, and respectfully reply that
am instructed by Major General Thomas, comman-
ding military division of the Tennessee to say that
the body of Emerson Etheridge is in my posses
sion under and by virtue Of order of the Presi-
dent of the United States bearing date War De-
partment, Adjutant Generals office, Washington,
July 18th, 1864 and for the purpose of said order
expressed to-wIt:
land whereas, on the 18th of September last,
the President of the United States duly issued his
proclamation, wherein he declares that the privi-
iege of ha5eGS corpus should be suspended through
out the United States in the eases where, by the
thorty of the President Of the United States mill
tary naval and civil officers OF the United States,
or any of them hold persons under their command,
or in custody, either as prisoners of war, spies or
abettors of the enemy:
"And whereas, many citizens of the State of
/ Kentucky have Joined the force of the insurgents
and such insurgents have, on several occasions en-
tered the said State of Kentucky in large force and
not without aid and comfort furnished by disatfec
ted and disloya citizens Of the United States resi-
| ding therein, have not only disturbed the public
peace but have overborne the civil authorities, and
| made fragrant civil war, destroying property and
| life in various parts Of that State:
| TAnd whereas, it has been made known to the
President of the United States by the officers COM
handing the National armies, that combinations
| have been formed in the said State of Kentucky
with purpose of inviting Rebel forces to renew
the said operations of civil war within said State
and thereby embarrass the United States armies now
operating in the States of Virginia and Georgia. and
even to endanger their safety;
Now, therefore, l, Abraham Lincoln, President
| of the United States, by virtue of the authority
vested in me by the Constitution and law dohereby
declare that in my judgment, the public safety es.
peciay requires that the suspension of the privilege
of the writ of habeas corpus so proclaimed IN the
! said proclamation of the 18th of September, 1864
( be made effectual and be duly enforced in anC
throughout the said State of Kentucky, and that
martial law be established therein, TO take effect
from the date of this proclamation; the said sus
pensiOn and establishment of martial law to con
| tinue until this proclamation shall be revoked oil
modified but not beyond the period when the sale
rebellion shall have been suppressedor comes to al
! end.
/ d" And do hereby require and command all mill
tary officers as well as civil officers and authoritie
existing or found within the said State of Kentucky
to take notice of this proclamation, and give Iul
! effect to the same
The said Emerson Etheridge having aided anC
| abettcd the enemy, and disturbed the peace by SO
dtious and inaammatory speeches, denouncing tn
/ Government of the State Of Tennessee and tn
/ President and Government of the United States
clearly included in the class named in the order
the President, and that do not produce said bod.
/ by reason Of said order of the President OF th
United States
In directing this return TO the writ General Thorn
as regrets that there should be any conflict between
/ the civil and military authorities. At the same
time the petitioner, Mr.. Etheridge, will remembe
that the issue was not Of General Thomas seeking
/ but was forced upon him by Mr.. Etheridge.
/ By command Of Major General Thomas.
WIN. d. WHIPPLE,
Brig Gen. and Chief of staff.