The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-12-19

j
/, case, aad make such decision a. the proof
I win justify
/, II Cen. Thomas len Mobile, forward this
dispatch 90 Gen. Woods.
Signed, ANprFw JOHNSON.
Presiieul United States.
. ufhcial and true copy.
FEEp. H. y ILS0N.
Asst Aii't Cent Dept Ala.
/, This paper was read amid the profound
est attention Of the audience. On the con
r | clusion Of ITS residing, the court inquired 81
Mr.. Andrews whether he had any motion
: ! % make. The Learned counsel then briefly
adyerted 10 the circumstance OF this case.
aud said he scarcely knew what motion o.
make ia the premises. That he thought The
/, best disposition that could be made Of the
whole matter was u leave 90 % the disc-e-
ton and control OF the court. confident tha!
whatever Judgment was rendered would bs
D wise adjustment OF the VeNed questions.
Judge Busteed theFsupou delivered ihs
! following opinion
"Ihe answer OF Gen. " GODS 10 the war
rant Of attachment issued In this matter IS
satisfactory. situated as This officer b., aud
With the explanations offered Tor his couIse,
be ought - be excused ior his refusal 90
obey the maudate 0l the tourl. Tbs hr,t
duty Of a solder is Obedience o. ordrfs, aud
IL now appears General Woods has acted in
strict sud dlsci pliuary suburdiuatI0u o. those
who have a lawful right 60 require his lite
rsl compliance with their commands. For
thIs he should be praised by Jhem rather
than censored by ne. The attachment
| against him will therefore be vacated, and
without costs. But while ucQuittlug Geu.
| Woods ! caanot, even By implication. rpu-
4 sent 10 what I consider an eucrosrhment Of
| the Executive Department 0t the Govern
meut upon one Of us coordinate branvhes.
10 Is worse than useless for the Courts 10 a.
| tempt the exercise 81 their functions { the
| President not only allows but directs disc
tedisnce to their authority aud process.
| In the language Of learned juris-con
| suli-"ths citizen lives under the protee-
| tiOu and is subject % the requirements OF a
written fundamental law. 40 department
! OF the National or any State Government, can
| lawfully act otherwise than according Goo
the powers conferred or the restrictions ina
posed by that instrument TO the citizen
believes himself TO be aggrIeved by some
action Of either Government which lac sup
poses 10 be iu violation OF the Constitution,
and his complaint admit Of Judicial iayes
legation, he must be heard on Jha, guesti0n.
and it must be aud it must be adiucicated,
or there can De no administration OF The
laws worthy of the name of Justice
/ frankly own the embarrassment put
upon me by the action OF the President Ia
this case. HIS proclamation of July. 1850.
appointing a Provisional Governor Tor tltI-
state, iatcr aha, provides that the District
Judge Of the Uniled States shall proceed Co
bold courts m this state, in accordance with
the acts Of Congress.
Before ] left Sew ork. in November lass. |
4 agreed with tow Parsons, who VS. then 10 /
81. ~ !.
should inform the President Of my purpose /
to open the courts, and that 81, On the opinion /
of the President, % was not discreet % do 50.
upon my receiving telegram % that effect /
from Gov. Parsons, directed tome 81 Mobile,
] would postpone no ding them until such i
time the Presidents should determine she /
civil authority might, with advantage 90 4
the public interests, be put in course of eV-
ercise here. / deemed il nv duty. "a 10 was
my pleasure, 70 secure so tsr a. ] could, the /
utmost harmony of action between the yarl-
Gus departments OF the Government
Upon my arrival ia Mobile, received
telegram IRON Gov. Parsons, dated at wash
iBgJon, which runs as follows;
40 Hon. Richard Bustss{ The courts
will be held claws 2. PkEsox-,
"Pr1v. GOV"
I presumed this telegram was transmitted
after consultation with the Pres dent. and /
at once prepared to discharge such Of the
duties OF my Office Is might De required.
Application was shortly afterwards made %
me 20 issue a writ Of habCss c1rpus in the /
case OF a person. who 30 was alleged, was
wrOngfully imprisoned BY the military au-
thOrities at this city. The petition ia the
matter makes out as clear ease for relief az
can De imagined, and I allowed the writ. |
The officer upon whom 10 was served refused l
% obey It's requirements, on the ground that
he had express instructions from his mill
tary superiors TO assume and maintain juris-
diction IN the case. Various Judicial orders
followed the granting of the writ, all Of
which were disregsrded. None Of the allie
cations IN the petition were c0utruvefted, |
and at this hour their truth remains upon
the records OF this Court wholly unchanged
These, taken as @ 'mitted left me no op-
ton as % my course. / was obliged 90 and |
did order the discharge Of she petitioner i
from military arrest, but TO save TIE Gov
eminent harmless, directed his transfer 20 /
the civil authorities, 90 the end that he /
might be put under sufficient recoguizances |
tie answer any indictment OF comp sint /
which might be preferred against hIm.
This order vas also disrvgarded, aud the j
petitioners counsel then moved for o. Wrig
Of attachment against Gen. Woods, which /
i y
Wuable iu two weeks from the date of its /
allowance. Ia tho interim 1 cav GOV. Par
sons az Montgomery, who informed me that
before the telegram was sent to which have j
referred, be cOnyer-ei with the President, /
aud told him Of cur Interview IN New York, |
aud that / was on my way To- this Slate 90 !
hold the National Courts as directed by the 4
Act Of Congre--, and that the President ex
pressed the opinion that i was proper i,r j
Ine 70 DO So
This SUMMARY brings as % the answer Of |
Gen. GODS 90 the wrlt of attachment, read /
and filed this morning. From this answer
and the papers annexed 10 10, and the pro-
ceediBgs herein, tour things are now made /
distinctly apparent. First, 10 appears that
the original arrest and imprisonment of The /
petitioner was by virtue Of a direct order of /
the President himself without the iotrryen-
tI0u Oi the Chief Or any officer in any 1i the i
executive departments. The telegram uu-
der which the arrest was made i- signed. /
81 Andrew JohBs5n," President Of the United /
states. Secondly, Il appears that the con
tiuuauCe OF the prisoners Imprisonment, |
pronounced % be unlawful |
by the courts, is by express personal /
instructions from the President. His tel
egram 20 General Thomas, in reply, |
presume 70 one sent him touching thi. /
ldeut 0f the United States" Thirdly. 10 |
appears that Gen. Woods should not be held /
% answer crimiually IN this case, for refu-
siHg obedience 10 the writ Of habeas corpus.
Fourthly, Il appears that the imprisonment /
Of Dexter Is not for any Of the causes iu re- /
3 pect Of which. and that be IL not himself /
one Of the persons as against whom the 4
Of the writ OF habeas corpus has /
ever been suspended. If be- is guilty a. a. /
legged, his 0fruse is malyersatI0u iu q purely i
civil otice. and d viii hardly De commended |
that the public safety nCw requires the trisl 1
OF az otieuse against the Treasury, 10 be by \
q military tribunal. Court smartial are the I
necessary, but mere adj uncis of a war es-
tabhs hment. Civil judicat0rIss are the aB- i
pr0prlale and chosen tribunals established /
by law, not more for the punishment oi the /
guilty, ihau the protection Of the innocent.
10 u uadsr the circumstances thus briefly /
reca pitulated, that this uusesmlY conflict I
between the military and the civil anth8ri-
ties has been PROVOKED. ] claim exemption I
from any responsibility Tor IT, Aud a. iu
our land, no public man, and no official sta
tiou BE-, or ought 10 be beyond the pubiic
wstchfuluess, aud as with ms, ell place aDd /
power are held 10 trust for the people. 4 /
deem b due alike 70 them and 70 Hyself o.
make the foregoing statements Of tact And I
upon behalf u The judicial Office, re-
specially protest against the act OF TIE
President, end assert that she trial Of the
petitioner Dexter cannot lawfully proceed
ia any other than the way estab. shed. ana
sce1rding % the forms prescibsd iu The
Constitution Of the United Ststsss sem
pulous reverence for, and obedience fo
which, Is az once the nightliest and NOR
patriotic service that either citizsn or gov
srumeHI can render 70 the couutrv'
Cotton IN Virginia.
Fr0n The Eicnn5nd InauiFer
For many years past, especially iu cau1-
a@s south Of the james, Virginia farmer.
have devoted small patches Of Iand Il ~ !
cultivation Of cotton Tor their ossa cou4urBp-
ton. il being used generally for sumner