The New York herald., 1867-02-19
SUPREME CoukI-sessRAL TERM.

Important Opfni0n-Thc Power Of the Stnfo
Courts to Discharge Enlisted Men or the
United States Army Hnbcns Corpus.
Before Judges Leonard, Ingraham and Clerke.
In re John OConnor. This Is o in which the
father OF he petitioner sued writ of babcas corpus
In December last directed TO Major General Buttered.
superintendent of the general recruiting service of the
United States. commanding him TO produce the body q
his son. John OConnor enlisted into tho service Of the
United States shortly before that tine under the age Of
twenty years. tho father bcins entitled 70 the Gus
tody and services Of his To this writ General Bu
tcred returned the petitioner had been regularly
enlisted service Of the United States and an
nexe the enlistment papers. fa NJ.
The following opinion was rendered by the Supreme
Court Gencral Term. yesterday
INGRAHsM J.-While l arm of the opinion that the
Judges Of the state courts might have exercised juris
dicon PRIOR the passage of the acts Of Congress VI
1862 and 1884 not clear iha. the exercise OF hat
power remains Congress msht pass an act 10 prohibit
the interference Of the State Judge with cnsments
into the service OF the Untcd States. In ih, event
/ OF their possessing such power the question
| provisions in those statutes. met,od OF obtain NJ
discharge by the secretary o War; provided by tcip
with conditions annexed, which discharge may
be granted These provisions may be construed Ss pro-
/ vidng some means and prohibiting others. !" The
opinion also declares the court 70 incline TO the opinions
OF the United Slaies Court Judges, the prison has
the privilege oil making appication 10 those Judges for
relief nabeas corpus and hat rs nj least UNNECESSARY
return the judge who issued the writ. All
the evidence taken. and II the General Tern or
the opinion that the discharge should be granted, they
H.
being passed upon by the Judge below, denied Tho
General Term only reverse his decision aud make
the order he should have made Il h. in
C1crke, j., concun with Mr. Justice Ingraham the
opinion that the federal has, by leg
stion. assumed such Jurisdiction N or this
Ter to make IL unnecessarily cxclus and that has
unconstitutional right TO do under the conferred
upon TO raise and support armies Is s. Cub III, ~
-; besides this Is controversy 10 which tho United
States is party, much II II were acton IN
which collector OF port s party oslcnsbly bat the
United States actually
Justice Leonard dissenting
Jack Rogers to be Admitted tn the Bnr.
motion made before this court by II. H. Mo-
range Esq. for the adm to practice In the New
York courts OF Hon. Andrew j. Rogers, member OF
Congress from New Jersey rhe application will be
ported upon at the rcassemblng OF the General Term
on Thursday next
The Murderer jeremiah O'Isrien-yIotion for
n New TrinI Denied.
The People jeremiah O'Brien, PininfiT IN Error
rhe application for new trial in this case. tho
ground of in the admission and exclusion OF cvi-
denco has been decided adversely by this court The
Court yesterday rendered opinion affirming the judg-
ment Mr. Il. y. Mccarthy, counsel for thc prisooer.
signed his intention OF carrying the case 70 the Court
of Appeals.