Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-07

The second and third sections Of the law
arc explicit on these points. The language
used 10 plain and direct, and the meaning OF
he Congress cannot be stakcn. The pull
safety demanded, If the President thought
proper to arrest . suspected prison, that 70
should not be required to z ve the cause oil his
dctcn.i on return TO writ OF kd5eds cor>
! prs. But il was not contemplated that such
! person should be detained in custody be-
+ yond certain fixed period unless certain
+ judicial Proceedings known 70 the common
+ law, were commenced against him. The
; Secretaries O! State and War were directed
f, to furnish 20 the Judges Of to courts OF the
| United States Il list Of the names Of eli par
ties, not prisoners Of war, resident IN their
respective jurisdictions, who then we1e or
Afterwards should BE- held in custody ~ the
autbority of The President, and who were
citizens Of States in which the administra
ton Of the laws in the Federal tribunals Was
unimpaised. After the list was furnished,
IL = grand jury Of the district convened and
adjougne1 and did not indict or present one
of the persons thus named, be was sotitlsd
to his discharge; and it vas the duty Of the
Judge Of the court to order him brought b
fore him TO be discharged, If he desired it.
The refusal or omission to furnish the list
could not operate 10 tue injury ofany enc
who Was not indicted or presented BY the
grand jury for, il twenty days had elapsed
from the time Of his arrest aud the terminae
ton Of the session Of the grand jury, he WAS
equally entitled 70 his discharos % il The
list were furnished and any credible PERI
son, on petition verified BY affidavit. could
obtain the judges order for that pur
pose.
Mlligsn. in his application to be r.
leased from Imprisonment, averred the
existence Of every fact necessary under
the terms Of this law to give tho Circuit
Court Of Indiana jurisdiction. II he was
detained in custody by the order Of
the President, otherwise than as prisons
,r Of war; il he was citizen Of Indiana
and had never been in the miita-y or
naval service, and the grand jury OF the
district had met, after lie had been arrested,
for a period Of twenty days, and adjourned
without taking any proceedings sainst MIN,
Nca The court had right to entertain his
petition and determine the lAwfuiness Of bis
Imprisonment. Because the word court
is not found in the body OF this second
section, it was argued At the bar, that the
application should have been made to the
Judge Of the court, and not to the court it.
self; let this Is not 80, for power is express.
y conferred in the last ps0viso OF the Gee,
ton on the court equally with . judgs Of 4
TO discharge from imprisonment. II VA
the manifest design Of Congress to secure Z
certain remedy By which any one. deprived
Of liberty, could obtain it, if there was
judicial failure to find cause Of offeool
against him. Courts are not always in -
sion and cnn adjourn On dischsFgs Of tn
grand jury and before those who ore ID
confinement could take proper steps 70 pro
cure their Liberation. TO provide for lhil
contingency, authority was given to thu
jsdgss out Of court 70 grant sslisf u any
party, who could show. that, under the law
he should b restsaiasd Of his liberty. II
Was insisted that xilligans case wss deiec-
tive, because il did not state that the lisl
Was furnished 70 the judges asd, there
fore, it vas impossible 10 Say under which
section Of the act Il was presented.
II 10 not easy to zee how this omission
could affect the question Of jurisdiction
Milligan could net know chat the list ws,
furnished unless the judges volunteered t
tell him for the Law did not require tina
any record should he made Of It or AMI
body but the judges informed Of il
Why aver The fact, when the truth Of Ii,
matter vas apparent to the cour
without any averment? How can Milligar
be harmed by the absence Of the avcrment
when he states that he was under arrest TO
moro than sixty days before the court an,
grand jury, which should have considerc,
his case. net at Indranapoliss It's appa
| rent IN. ref,rn that ,n,ler tbn LoLros c,,.s,,,
act Of 1868 the Circuit Court Of lnuian.
had complete jurisdiction to adjudcate up
on this case, and. if the judges could no
agree on questions vital to the progress Q
Conciuded to mo,vor