The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-01-27
LOCAL MATTERS.
THE CONSTITUTaONALIT OF THE
RECONSTRUCTION Laws.

RECONSTRUCTION Laws.
TEST CASE IN THE UNITED STATES COURT
CASE CONTIN NUED.
The habeaS corpus case of Churchwell
Combs, the preliminary steps in which
were noticed on Saturday, attracts con-
siderable attention, and is the more i'm
portant because especially designed to test
the constitutionality of the reconstruction
acts. It will be recollected that resolu-
tion of the Conservative State Convention,
held in Richmond last month, directed the
Central Committee to seek such case,
and this, it has been thought, involves all
the points upon which decision is de-
sired. 1t is of course designed to carry it
before the Supreme Court.
The writ of habeas corpus was returnable
at 10 o'clock Saturday morning, and at
that hour Raleigh 7. Daniel, Esq, chief
director Of the Conservative party Of the
State, and Messrs. Robert Ould, Marina
duke Johnson, and Thomas j. Evans, coun-
sci for the prisoner, were in attendance.
The petitioner, Combs, was brought
into court in charge of a corporal, and
was shortly followed by Major Vance, the
commandant of Libby Prison. Combs is
an intelligent looking rustic with frank
and pleasant expression of countenance
He wore an army blouse and homespun
breeches; his general appearance showing
the effects of long imprisonment. A dis
tressing cough, with which he was troubled,
is probably another result of his incarcera-
tion.
The court having been opened, Major
Vance made the following return, which
was read aloud by the clerk:
"I0 the Honorable Judge Of the Circuit
Court of the United States for District
of Virginia:
"In obedience to the command of the
honorable court, Brevet Major Duncan
M. Vance, captain Eleventh United States
infantry, commanding post of Libby Prison,
brings into this honorable court the body
of said Churchwell Combs, and certifes to
the following causes of his caption and de-
tention: The said Churchwell Combs,
having been arrested by Brevet Captain
Samuel Peoples, United States army, upon
charge of murder, committed in Carroll
county, Va, was on the 4th day of Octo-
Der, 1867, confined, and has since remained
in Libby Prison, Richmond, Va, by virtue
of the following order of Brigadier and
Brevet Major General J. NJ. Schofeld,
commanding the First Military District
viz:
"HEApoUARTERs FIRST military DIsTR1cT,(
"hICHMoED, VA, september 23, 1857.
Respectfully referred to the command
ing officer sub-district of Lynchburg, who
will comply with the within recommends
tion of the Judge Advocate Of the district,
causing the within-named Churchwell
Combs to be sent under suitable guard to
the commanding officer of the sub-district
of Richmond for confinement in Libby
Prison.
"The Quartermaster's Department to
furnish the necessary transportation.
"By command Of Major General Scho-
field.
[Signedl IS. F. CHALFIN,
Assistant Adjutant-General."
"That said order was issued by the Bre-
vet Major General commanding said mill
tary district in the lawful exercise of the
powers conferred upon him by the acts of
Congress passed March 2, 1867, and July
19, 1867, he, as said military commander,
being expressly required by the said act of
March 2, 1867, to punish or cause to be
punished all disturbers of the public
peace and criminals with liberty to
Fellow the civil tribunals to take jurisdic-
tion of and to try offenders, or when in his
Judgment it may be necessary for the trial
of OFFENDERS with 'power to organize
military commissions or tribunals for that
purpose
Sin further return, the said Brevet Ma
ior Duncan NJ. Vance respectfully denies
that the crime for which the said Church
we'll Combs was arrested and has been held
in confinement is cognizable by this hon.
orable court, but is properly triable only
by such tribunal as the said Major Gene
raj J. N. Schofeld, commanding First
Military District, may designate accord
ing to the terms Of said act, or by the pro-
per criminal court Of the State of Virginia
in and for the said county Of Carroll.
. "That the arrest and confinement OF
said Churchwell Combs by virtue of the
powers conferred by said acts of Congress
was only ordered after the civil authorities
and criminal courts of Carroll county had
utterly failed and neglected to take cogn1-
zance of the ohence-said crime having
been committed more than two years be-
fore the arrest of said Churchwell Combs,
he remaining during all that time within
the Jurisdiction of the court of said county ;
in consequence Of which failure he is now
held for trial for said crime.
Wherefore the said Brevet Major Dun
can NJ. Vance prays that the said writ may
be discharged and the said Churcbwell
Combs be remanded to his custody.
I'D. NJ. VANCE,
aBreyet Major . United States Army,
{" Captain Eleventh infantry, commanding
"Post Libby Prison."
After the reading Of this paper Dir. Mar
maduke johnson respectfully asked for the
discharge of the prisoner upon the ground
that the acts Of Congress recited In the re-
turn, and upon which the detention wa
predicated, are contrary to the Constltu
ton of the United States. The question
involved was one of 50 much publicity ant
general interest that he did not feel it ne
cessary to discuss it before this court, ant
therefore simply submitted the case.
The court said that the case undoubtedl,
involved the constitutionality of the law
known as the reconstruction acts, and
would therefore be pleased to hear argu
ment. Had Major Vance counsel in attend
ance?
Major Vance said he had not counsel
but if there was to be argument, he aske
] for time TO procure legal advice.