Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-28
THE WAR DEPARTMENT M
BR0GLI0.
General Thomas Discharged by
Judge Cartier.
Indignation at the Course OF
Judge Cartier.
A Trick TO Prevent the Case
Reaching the Supreme Court.
The President Determined TO
Secure a Judicial Decision,

A subpoena was issued this morning for
Mr.. Stanton to appear in court, and bring
with him his commission as Secretary Of
War, also certain official papers.
After the transaction of some other bust
ness Judge DIN came into court, and took
his seat at the right of Chief Justice
Cartier, and Judge Fisher at the left Of
Judge Cartier.
At twenty minutes past IL O'Clock, Judge
Cartier asked whether counsel was ready
to proceed with the case of the United
States against Adjutant General Thomas?
Mr.. Riddle introduced Mr.. Carpenter,
who said that, being unwell to-day, and
the subject being of high importance, he
desired that the case be continued till to-
morrow.
Mr.. Merrick objected, on the ground
that great public interest was involved,
which required an early settlement
Judge Cartier was disposed to grant a
postponement.
Mr.. Merrick, for Gen. Thomas, asked
that Judge Cartier consider the matter in
the Criminal Court, and not in the Cham
bers.
Judge Cartier declined to do this, saying
that he merely sat az an examining
magistrate.
Mr.. Merrick said that Gen. Thomas was
now here, and his bail had surrendered
him to the custody of the Marshal of the
District of Columbia He was, therefore,
writ Of hdbeds corpus
The following is the petition:
To Hon. D. X Cartier. Chief Justice Of the Sq-
preme Court of the District of Columbia, hold
ing Criminal Chamber in said District;
The petitioner, Lorenzo Thomas, shows
that he is now held in custody by the Mar
shall of this District, under and by virtue
of a warrant made out and delivered to
said Marshal by your Honor, sitting in
Chambers. He AYERS, and will show that
said imprisonment il wholly unlawful and
| without color of authority, under the con-
stitution and laws Of the United States,
upon the facts stated as a cause for said ar
rest; and he prays your Honor for q writ
of habsd8 corpus ordering said Marshal to
bring the body of your petitioner before
your Honor in open court, that the cause
of his capture and detention aforesaid may
be inquired into, and he be dealt with ac-
cordipg to law.
| Mr.. Carpenter said he regarded the last
action as an entirely unnecessary report.
| This action has been prosecuted here by
| the Secretary of War for the purpose of
| bringing this matter to settlement in the
| courts. There is no feeling between him
| and Gen. Thomas Considerations alone
| of public nature has actuated this prose
| cution. Gen. Thomas is gentleman who
will not depart. We do not ask he should
| even be required to enter into his own re-
| cognizance, and surely he cannot come into
court and make himself a prisoner, unless
| the court at least accepts that fact or some
body asks him to be imprisoned with the
| full latitude with the consent he shall have,
and which'I have no doubt your Honor will
very willingly accord to him. This ap-
| plication for a writ of habeds corpus seems
| to be rather unnecessary.
The counsel for defense again urged their
application.
| The Chief Justice | have never heard
| Of a prisoner surrending himself to his
sureties or the Marshals; it is always TO the
court Where is the process of the Mar
| shall by which Gen. Thomas is held ? His
warrant has been relieved and the party's
recoguizance has been substituted. HaV-
ing appeared according to the terms of his
reCognizance he is present in court to an
swer in regard to the otfense charged
Ii appears to me, however, that thfs is
not the question before me as examining
Magistrate, but rather question TO be con.
sidered by Judges who shall entertain the
application of the writ of hdbeds corpus
The question We determine as examining
Magistrate is what disposal shall be made
of the case.
Mr.. Cox: Certainly.
Mr.. MerriCk | was going TO say tc
| your Honor, if yon allow me a single mo.
ment, that, if the view expressed by the
other side be correct, Gen. Thomas being
before your Honor, and they applying fol
a continuance till TO- morrow, your Honor
must make some disposition of the prisoner
In the meantime, when that il done, | can
| present my petition to the Criminal Court
IL you discharge him, the case is at an
end, and YOU must either discharge or con,
| Vict.
Chief Justice With my knowledge al
! General Thomas character, and especially
after the avowal of the counsel that they
bad full confidence in him. | should not
hold him for a moment.
| NAAs 4ariAAGh- AtACu TIT ~ diHtudikrus
Chief Justice Yes, sir, he is discharged
under the intimation here, az far az any
personal appearance is concerned. The
case may be continued, and if Gen. Thomas
is arrested it will be hereafter. shall not
hold him to personal imprisonment when
my own confidence in his character corrob.
crates what is said by the prosecution, and
especially when they do not desire it.
The counsel for General Thomas then
asked that he be finally discharged. Judge
Cartier granted the motion for the follow
ing reasons; 1t ia confessed here by the
prosecution, or rather stated by the prose
| cution, and it is q truth which, under the
| circumstances of this case we are all well
advised Of that General Thomss does not
seek 10 evade the process of the law in any
| regard that he is here, and will be here
ready to answer to the demand when called
on. This, / believe, is now the Wednes-
day preceding the Monday when the grand
| Jury convenes in this district-only four
days when the tribunal charged with the
| presentment Of all such ofienses will be in
session to hear this and and all other cases
under circumstances like these. Whist is
my duty as an examining magistrate Is
it to hold this case from day to day for
examination by the grand jury, or dis
miss and let it abide the ordinary process
ofjustice2
Ii appears 10 me my duty to let the case
| take that course. There are DO circum-
stances developed in it, as it appears to me,
that can settle anything before this mere
inquiry tribunal and / cannot disguise
from myself that the subject underlies the
controversy which is now passing the or
deal Of the highest tribunal Of the country,
and that in contrast with its gravity there,
preliminary examination here, which
must terminate with the session Of the
grand jury, would take the character Of
trihing. L do not propose to be instrument
tai in instituting any such proceedings IN
der the avowsls made before me to-day. l
think my duty as a magistrate is properly
discharged in dismissing the case upon the
/ motion of the counsel for the defendant