The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-27

the recent re-arrest of Mr.. Henderson, now
on trial in this city. Immediately after his
arrest, he applied for writ Of 6abeas corpus,
as follows:
UNITED STATES OF AMERICA,
DISTRICT OF KENTUCKY.
To The Hon. Bland Ballard, Judge Of the District
Court Of the United States for the Dlstrei Of
Kentucky:
Your petitioner, Isham Henderson, re-
spectfuIly repre- sents and shows TO your
Honor that he is a citizen of the State Of
Kentucky, and resident Of the city OF Louis
Vile, and that he does not nor has he at any
time heretofore belonged to the land or ma
val service of the United States, nor to the
militia in the actual service of the Unitsd
States, nor has be at any time heretofore
nor is be now an employee Of the United
States in any department or capacity, nor is
he now, nor is he by reason Of any contract
for subsistence, clothing, arms, ammunitiOJ,
munitions of war, or for any description Of
supplies for the army Of the United States,
within the true intent aud meaning Of the
acts of Congress declaring such contractors
part of the land and naval forces Of the
United States, and is not in any respectsub-
ject to the military jurisdiction Of the
United States.
And your petitioner further represents to
your Honor that notwithstanding the pre-
misses he hiss been arrested by Brevet Major
General jeff. {. Davis, and Lieut.-Col. W.
II. Coyle, and is nov unlawfully retained
and imprisoned in the city of Louisville by
the said Brevet Msjor-General Davis and
Lieutenant Colonel Coyle, who claim to ar
rest and imprison your petitioner under and
by virtue Of telegraphic order which pur-
ports to have been made by Brevet Briga-
dier-General r. W. Johnson, Provost
Marshal General Of the Military Division of
the Tennessee, by Command of Mao Gen
eral George II. Thomas, of the United
States army, commanding said divisions,
and threatens to, and will, unless legally
prevented from doing so, transport ytus
petitioner out of the State of Kentucky.
Your petitioner alleges that his sad ar
rest and imprisonment are under the cofOr
of the authority of the United States, in the
manner aforesaid, and is unjust and illegal,
as he is advised by counsel. He therefore
prays your Honor, upon the reading OF this
petitjon, 10 award the writ Of habeas corpus,
directed to the said JEFF. Z. Davis and Viii
liam H. Uoyle, or whoever else may at the
time of service thereof have or hold your
petitioner Immediately after the service of
such writ, together with the cause of his
! imprisonment, and, upon the hearing, may
| il please your Honor 10 order the immediate
release OF your petitioner from his custody,
| etc. IsHAE hEEDERsoN.
State of Kentucky, Jefferson county.
Isham Henderson says on oath that the
| matter and things set forth and stated in
the foregoing petition are true.
IsHAN HENDERSON.
| Subscribed and sworn to before me this 23d
day of April, 1866.
J. III. STEPHENS, J. P. J. c.
On receipt of the above petition, on Tues
day last the Judge issued writ of habeas
| corpus directing those who held Mr.. Hen
derson under restraint to produce his body
before the court, and show cause why he
should not be discharged from custody. The
following is a copy of the writ:
The President OF the I'm ted States to General JEFF
ferson Davis and Colonel william ID. Ooyle.
You are hereby commanded TO produce
| bsfor Bland Ballard, Judge Of the District
! Court of the United States for the District
! of Kentucky, on Tuesday, the oath inst, az
! 10 o'clock a. m, at the United States clerk 3
| office. the body of Isham Henderson, ille-
| gally detained by you, as it is alleged, IN
| der color of the authority Of the United
/ States, together with the nature and cause
/ Of his arrest, and this you do under the pains
! and penalties demanded by law for disobe-
| dience hereof.
Witness the signature of our said Judge OF
| the District Of the United States for the said
! District, this the 23d day Of April, A. d.
1866, and Of our independence the ninetieth
year.
(signed) BLAND BALLAD.
In response to the writ issued to General
Davis, commanding this Department, the
following Endorsement was made:
HEADo'ss DEPT OF KENTUCKY, !
LOUISVILLE, KY, April oath, 1866.
Hon. Bland Ballard, District Judge Of the United
States Court, state Of Kentucky;
srR-I have the honor 10 acknowledge
the receipt Of your communication requiring
! me 10 produce before your Honor the body
II Isham Henderson, now in my custody.
| In conpliauce have the honor TO enclose
| c,pv Of an order received yesterday from
the Headuuarters Of the Military DIVISION
Of the Tennessee, and to respectfully MORN
vour Honor that consider this order, from
nv hieher military authority, as binding
uDon me. and cannot, therefore, comply
with your command.
am, very respectfully,
Your obedient servant,
JEFF. &. DAVIS,
Brevet Major General, Commanding.
The following is the order issued for the
arrest of Mr.. Henderson from Gen. George
H. Thomas Headquarters;
(CoNFIDENrAL)
Nv telegraph from Headquarters NJ. D. T.
Nashville, Tenn, April ZSd, 1850.
To Rrsvst blaior-Genersl J. c. DAVIS;
Arrest Islam Henderson and send hin
rn5er Guard 70 the Provost Marshal-Genera
at these headquarters. Obey no WIT o
habeas corpus in his case.
BY command Of Mslor-CTe97,sSTTSS11 r R1p y
Assistant Adjutsnt General.
on.:.l Z. b. HARLIN,
Brevet Col. and A. A. 6.
On, Al. h.ck If the writ sent TO Col. Coyl
wss indorsed
HEADQUARTERS DEP'T or KrNrUcEY,
LouIsvmIE, April p, 1866.
81 cannot obev the order contained il
the within writ, because hold tsham men
derson in custody By the order OF brey'
Naior-Gen. JED. C. Davis. commanding De
psrtment OF Kentucky, who il my superio
anu wst. H CoYLE,
Major and Judge-AdyooA:e, Brevet Colon'
and Provost-M Marshal General Dept
Kentucky.
On receiving the shove returns frol
Brevst Msjor-Gensral Davis and LisuisI
= sat-Colonsl Coyl, Judge Ballard adjudg'
them insufficient, and issued Perempioi
order that the body Of Ishsn Henderson
forthwith produced.
In snswer 70 this order the following Il
dorssment vas made BY General DAVIS