The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-28
CONFLICT or JURISDICTION.
The Casey IIabeaS Corpus
Case.
General Thomas H. Neill In the Federal and
State Courts-Discharge Of tine General
by Judge Blatchford.

Yesterday Judge Blatchford rendered his decision
In the United states Circuit Court in the matter oil
General Thomas Il. NELL on habeas corpus. Judge
Blatcnfora, In rendering his decision, says
g. As saa of ss
John Casey The petition SGT forth that the sao Casey sis
petitioner pray. that sabsas ssrrn. might issue directed 70
dss 2 ;t
Of e. & ssn S:s 4. vsss s.: as :s5sis
SSe o a sm se
governing the recruiting service"
a. w an oath G 8, S
JSSn casey born srocsn in the State Ct Ne. York
haze TS,.n.aTy snhseS As soldier in he Army Of she
CHARGED b proper authority ana 90 also accept
the United States such bounty pay ratons and cloth
ing now may be established by law.
number Of other papers, together with the oath
as gwen above, were placed before the Judge, who
continued
On the 18th January 1871 Judge McCunn issued under his
san ana s ressa the ps .s he r Of The
county Of New ana nc woras IL Tue city ana
y ~ appearing satisfactorily 70 me on oath that Thomas
writ OF hAbeas corpus was directed and deiverei com
msnnE HIM to Sns before s Jes Casey and y not
iu ana ex pncit return to the said writ within the
The s Of ss%
forthwith 70 arrest the SAID Thomas H. Neil and bring him
General Nel WAS bv the officer of Sheriff
for General Neili IL the United States Circuit Court
k se s ensn made wnA e%n 10
wr to the effect thai he held General Nein by virtue Of
him in custody under said writ.
M ss Of sa snd and %
United FOR that the several facts and alesasons in
before Judge McCunn, respect the return the
h s u all s forth a sal. AMID
,nsy bray leave to refer 70 said petition and return
Whether General Nell was or was no: required
statute exempted paSie oceT from yerltyins
ss ss y the &c state; NE
Judge without jurisdiction 10 release on
nae Il e % ns d. %
oss who s holds such IN custody not to such
also his duty, II the State court judge attempt.
troll him In respect in his custody Of said to
Jurisdiction proceed case Of Casey certainly
be no 6 Se
any otacr further reference the writ he without
jaiis leton to issue the warrant Of attachment against
w q h,ssas Soras Issued 70 the sae, Gene
warrant Of attachment thus issued without jurisdiction
A. case have arrived =, the same conclusion reached
y the psTs Judge Of as United States Of the prc. Of
Repor,s page 40. case State court Issued writ
saos 70 produce one JoSnson The oee made return
Of n. a aa an wa a soldier ns
papers, IN substance the same AS In the case
State court nevertheless proceeded, ana made an
order directing that the be discharged The officer
refused obey such order continued 10 hold soldier
by virtue Of ms The State Court then proceeded
against the oacer by process of contempt and he
taken into custody under such while in confne
ment writ OF habeas corpus issued by the District
Judge Of the district The District Judge on
these facts discharged the olccr from the custody
OF the State Marshal, holding that the pro-
ceedings IN tine State tribunal without jurisdiction
and the federal Judge had the ocer
from tie State custody similar of discharge
exercised BY the federal court IN the Of Ex Robin
u Mclean $780, Elk Jenkins e WaaceJr 53n and
Ell parte Sinerd Am. Luw Reg, 659.
The relaior, General Nell, 10 discharged.
This case has excited o cons derable amount OF
interest. The particulars have been reported in the
HERALD under the title OF 'Connict OF Authority. y
Judge Blatchf0rds Oplni n as ABOVE will most
likely at rest forever the issuance or habeas
Corpus IN the cases OF enlisted minors