The Daily empire. (Dayton, Ohio) 1865-1867, 1866-04-18
BY TELEGRAPH.
The Army Bill----Judge Under
woods Decision Reyiewed---The
Prisoner Discharged.


The consideration of the army bin in the
House to-day only covered two sections,
the greater portion of the time being con-
sumed in the discussion of the Veteran Re-
serve Corps section. A motion to strike
out provision for n Veteran Reserve Corps
was lost, by flfty-four majority--sn unex-
pectedly large vote. The bill was then so
amended that all officers and soldiers wound
ed or disabled in the service shall have an
equal choice In the reorganization and the
reeruitments of this corps. This Is eminent-
ly fair and Just.
The Attorney-general to-day made his
report to the President in the hdbeds corpus
case, decided by Judge Underwood at Alex
andrla on the 1lth instant and which was
referred to Mr.. Speed forhis opinion, as re-
ported In my dispatch of the 18th inst.
1t will be recollected that Judge Under
wood decided that the late peace proclama-
tion did not pretend to revoke the pre-
vious proclamation of President Lincoln
suspending, In certain cases, the writ of
hdbeds corpus In the States lately In insur-
rection; and upon this view of the law,
Judge Underwood refused to grant the
prayer of the petitioner upon the fact.
The Attorney-general comes TO differ
ent conclusion from that arrived at by
Judge Underwood, and recommends that
an order be made for the release of the
prisoner. Upon this recommendation the
President this afternoon directed that an
order be issued for the discharge of the
prisoner.
The general different and erroneous YER
sions of the Presidents intentions, and the
construction of the peace proclamation,
have appeared In the papers, but the only
official construction by the President of
that proclamation which has gone forth up
to this time Is contained In an answer TO
the following dispatch
AUGUSTA, GA, April z.
To Major. general Ho,cdrd:
Does the Presidents recent proclamation
remove martial law in this State; If 80.
General Brannan does not feel authorized
to arrest parties who have committed out |
RACES on freed people or Union refugees.
Please answer by telegraph.
[Signed,l DAVIS TILsoN,
Brevet General of Volunteers
To this the following answer was sent by |
of the President:
ts WAR DEpARTMENTl
WASHINGTON CITY, April IL, 1866.
The Presidents proclamation does not |
remove martial law or operate In any way |
upon the Freedmen's Bureau in the exer-l
else of Its legitimate jurisdiction. II is not |
eXpedient, however, to resort to military
tribunals In any case where Justice can be |
attained through the medium of civil au-
thority. '-T hGg1J
tSigned,l poi +. d. TOWNSEND,
Acknowledgement.
IL is scarcely necessary to add that |
wherever the rebellion Is declared to have
ceased there the writ of hdbeGs corpus Is
no longer suspended, and wherever the
civil law has resumed It's authority the mill
itary power will not be exercised except
TO aid the civil authorities in executing
thalr DEGREES. For the latter purpose only
Is the military arm retained Ia the States
lately in rebellion. 4
'IThere is no reason to believe that the ter
ritory OF Colorado win be admitted as a
State under the constitution lately adopted
In that territory. Colorado was rejected in
the Senate few weeks ago by decided
vote, and so far as now known there are /
but two or three Senators who are inclined
10 change their votes on the question.