Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-06-05
DASaGEs FOR FALSE IMPREs0K-
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DASsGEs FOR FALSE. IMPREsOE.
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One OF the first cases of arbitrary
arrests of private citizens of the
North for alleged disloyalty was
that of Madison Y. johnson, of Ga
lena, Illinois, the home of Gen.
Grant He was seized in the night
by the military, placed on board a
waiting train, and hurried off
to Fort Lafayette, where, and at
Fort Delaware, says the New Al
bany Ledger, he was held in close
custody for several months, no
charges being preferred against
hun, SO far as he knew Suisse
quently, however, E B. Wsshburne,
present minister to France, j. Rus
sell Jenes,. now minister to Bel
GUM, John G. Hawkins, o. P. Hop
kins, and Bradner Smith undertook
to Justify the arrest and continued
Imprisonment of Mr.. johnson, by
getting up lot Of affidavits, now
admitted to be false, charging dis
loyalty upon the prisoner These
were filed ia the War Department,
but as they failed to implicate Mr..
johnson in any act of disloyalty he
was at length released from impris-
onmeht, and at once instituted suit
against his prosecutors, above
named, for damages. The defend
ants, in their answer, set up the
affidavits alluded to as justification,
but relied more particularly upon
the act of Congress legalizing ar
rests of this character. The Circuit
Court sustained this latter plea, and
directed the dismissal of the case,
but Mr.. johnson appealed to the
Supreme Court, where the decision
Of the lower court was reversed, on
the following grounds: That the
President had no such powers as
those exercised in this arrest, and
that he and all those acting under
his orders were trespassers; that in
his military capacity his authority
was restricted TO the lines of
the army; that he could not
declare martial law or suspend
the writ of habeas corpus, except in
districts where war actually existed /;
that Congress had no power to pass
legalizing acts in support of the ex-
ecutive assumption, and that they
were consequently void; that such
power as claimed for the President
and his subordinates can not safely
be entrusted to any government by
a people claiming to be free where
it is only limited by his discretion,
it is an absolute despotism, and con.
stitutional government merely 8
theory. -
Finally, after striking out all the
defense, they send the case back to
have the plaintiffs damages as.
sessed, when the following judgment
is entered on record in the court:
estate of Illinois, 10 Davies
county-In the Circuit Court of j
Daviess county, May term, 1869.
4 "Madison Y. Johnson VS.. j. Rus
sci Jones, John c. Hawkins, o. p
Hopkins, Il. b. Washburne, ant
Bradner Smith-Trespass for falls,
imprisonment
"And now come the said defend
ants, Jones, Hawkins and Hopkins
and admit that the ssid pleas here
tofpre filed by them in said case
and the matters and things therein
set forth against said plaintiff al,
untrue in substance and in fact
and the defendants ask leave of Tn
court TO withdraw the same, whicl
is granted by the court. And tn
said defendants further confess th
wrongful trcspass and imprison
ment set forth in said declaration
and that the said defendants al
guilty in manner and form as therei
stated, and that said plaintiff ha
sustained great damage thereby
and said defendants further comics
that said seizure and Imprisonment
of said plaintiff was wrongful, IN
justifiable and without cause; an
the said plaintiff was innocent c
the violation of any law, or of dom
any act inlmical to the governmen
of the United States and that sal
plaintiff did. no act, used no e1
preston, or exercised any infuenc
to the knowledge of the defendants
that was not IN support Of the GOV
eminent, the constitution and tn
laws.
"And inasmuch as said suit wa
brought by said plaintiff for pei
sonal yindication of his charactt
and conduct as citizen, he release
the said damages, except as to IL
sum of one thousand dollars f.
costs aud expenses incurred h
pajd plaintiff on account of sal
, wrongful seizure and Imprisonment
Ii is tbereupOn considered by Il
court, that the said plaintiff hay
and recover OF aud from the So
defendants, Jones, Hawkins, al
Hopkins, the said sum of one thou
and dollars and costs OF suit, al
that execution issue therefor"
"Filed and entered on IecO
May "A, 1869"
And this ends the suit. Could