The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-28
The Henderson Case in Louisville.
Has the Habeas Corpus been Re.
stored.

Has The Habeas Corpus been Re.
stored.
In our issue Of yesterday, We gave 9
Lengthy account Of the proceedings relative
10 the arrest OF Henderson in Louisville
and the issuance Of writ Of 1a5eas corpus
in his behalf; and We now learn that the
court decided that the instruction wasend-
ed, that this had been formally declared by
President Johnson in his proclamation Of
the second day OF April, 1866, and that
though the writ Of haBeas corpus was not,
in terms, restored by this proclamation, yet
that such was its necessary effect, because
the act Of Congress authorized its suspen
sion only during. the rebellion, and President
, Lincoln's proclamation of the 18th Of Sen
TENDER, 1868, Issued in pursuance Of theact
Of Congress, limited its suspension to the
existence Of the rebellion. The court said
that President johnson, in his proclamation
Of the sec nd day Of April, 1866, above men
toned, assigns, among others, the following
reasons for its issuance:
Where's, the Observance of political
equality as q principle Of right and Justice
IS sell calculated 70 encourage the people
oil the statel to be and become more and
more perseFeriDg in their renewed ale
glance; and whereas. stanoinz military oc-
cupatlon,- martial law, military tribunals,
aud the suspension Of the privilege Of the
wzit Of habsas corpus are in time of peace
dangerous TO the public interest, and in
compatible with the individual rights Of
citizens and contrary to the genius aud
spirit Of our free institutions, snd an exhaus-
ton Of tho national re Ources, and ought
not therefore to be sanctioned or allowed ex-
espt in cHse Of war for rspelliDg invaders or
SURPRISING insurrection or rebellion; snd
whereas, the policy Of the Government Of
the Tn ted States from the beginning Of the
jniurreclion 10 its inal suppression has been
in conformity with the principles herein set
forth and enunciated.
Now If, said the Court, the writ Of habeas
corpus, which is the great writ by which
the liberty Of the citizen is protected, re-
mains suspended, then this language Of the
President is unmeaning.
The return was a5iudged insufficient, and |
General Davis in contempt, and an attach |
ment was Issued against him, directing the /
Marshal to arrest him and bring him before
the court to answer Tor the contempt. To |
this return, the Marshal made return yes
day.
RETURN MADE BY THE UNITED STATES MARSHAL.
The within named Major General JEFF. C.
Davis was found on the 28th day Of April,
1866, in Louisville. Having shown MIN
. l,.. Z 4.fI a e, I
rest and. take him before the court, and the
said Davis did then and there knowingly |
and wllfully resist me in executing this
writ, and refused 10 be arrested, stating il
was his duty under orders to resist me in
the execution Of this writ with any and all
the force unuer his command, and he, the
said DAVIS, having soldiers there within
call, did thereby prevent me from executing
This writ
April 20, 1865. W. A. NERRrwETHrR,
U. S. NJ. Ky. d.
Sworn and subscribed to in open court by
". A. Merriwether, this 26ih April, A. b.
S66. A. J. BALLARD, Clerk.
The Marshal made a like return on the .
rider issued for tae arrest Of Col. Coyl. To I
his return the Marshal also made affidavit, ]
md therefore the Court awarded an alias
attachment and also a capias against Gea.
Davis, requiring him TO appear at the next
ERIN Of the Circuit Court Of the United !
Itates to answer to the charge of unlawful
y resisting the process Of the United States. I
similar steps were taken in respect to the
eturn made by Col. Coyl.
II appearing from the return of General s
Davis that he acted under orders from Gen.
issued by Gen. Johnson and Gen.
Ehipple, the court also directed that a rule
ssued against these parties to show cause
Why they should not be punished for the
apparent contempt offered by them in re- /
listing or advising resistance to the process
# the court.
The Judge announced his purpose to vim
Ecate the authority Of the Court by every I
process known to the law, and that he
would also cause copies Of the proceedings ,
0 be forwarded TO the President, in order .
hat be might correct the abuse Of his :
/
The following is General Davis's reply 10 !
he writ Of habeas corpus issued by Judge
Ballard:
HEADQUARTERS DEPARrMEST OF KENTUCKY, I | ]
LOUISVILLE, KY, Apul 70, GO. |
10 tbs Honorable the Circuit Court OF the United ,
staes 'or tie District ol Kentucky;
/ respectfully decline to obey the writ Of
attachment issued b. your honorable court
against me for not obeying the writ Of |
iubeas corpus in the case of Isham Hender-
ION, snd base my refusal to obey the writ Of
attachment on the instructions contained in {
ieneral order Of the War Department, No. !
rs, FOR the year 1858, a copy Of which I
nave the honor 10 inclose here with. desire
gain TO assure your Honor Of the high res
lcct entertain for the Court over which
'ou preside, and to express my regret that
he performance of my duties has brought
He ia conflict with the civil authorities.
/ am, very respectfully, your ob't serv't,
JEFF. G DAVIS,
Brevyt MajorGeneral.