The New York herald., 1873-11-15
CHARLES A. DANA.

CHARLES a. DANA.
The Action for Alleged False Imprfson-
ment Against the EI-secretary OF
War-Verdict Directed for the Defend
ANITA Juror Asks IL He Is n Nom
entity. .
The case of Gazzaway B. Lamar Charles A. Dana
was brought to yesterday in the United States
Circuit Court before Judge Nathaniel shpman and the
jury
Ex-Iudge william D. shipman appeared as counsel for
che plaintiff and the District Attorney for Mr. Dana.
THE JUDGES CHARGE.
Judge Nathaniel shipman charged the jury in the
following terms- ~ .rs.
This action Of false Imprisonment brought in the
iS n M ch4 Dana aaS then Sna
dent this State but formerly Assistant Secretary OF
|n The q Is ih als @
zen Of the M sae a % Gs9 G. T wnsrs ne Or e
1855 Prler 10 December 1854. the inhabitants Of the
STATE OF REBFLIioS
against the Of the United states and the terri
and the authority Of the United states there over
iaken bv the United States troops General Sherman
nsy y s Y e aa se Ra Who
&e & city BY mAs '''''1 's '''e' '''''' "-' '''
The city was governed during this time by martial
Indsr tne The Of
Grover The previously existing common law courts
and tribunals were closed and there was during this
time
but the authority OF the United states government was
maintained by military rule exclusively and by CON
coin assassnated, and President johnson became
ofs m OF e dnd s fuS se on he
MT stanton the Secretary OF War, sent Tor Mr. Dana
Mr. Lamar We have reason to believe that he was co
cerned in
officer Ger have You when when c you can SEND y Gen, ZEN
Mr. Mr. P4e TO make M % aS %r a the 10 @ aSd sy
suced ar stanton to make the M The ordeT di
TO washington and report to The c9mmandns general
rested Mr. Lamar at night, brought him to ashnston
where he was forthwith confined in
OLD CAPITOL PRISON
as prisoner in small room with 4 other persons and
Months SsOt he Ss Sen Gt a % PTfh % about e h5se
sta, 81 he he has stated and they
He Iregorea & mOn1ay to the commanding general I'll
q the causes Of his arrest 5c General Johnston
proSa@ed some @e IN 2usus isS For this arres
BY o he ss Is
no ag acn % oT se1 ease % can s De
the But with this statute you have nothing
ssnsasTeS ai il 55oagRt T56n sRg GPsr 9s
judgments subject 70 the Of the Court of last
others SheS shai call yesr aisatloa Dana
p 1858, isSs and Issz what my opinion q ne valid;
treat them as ii they had not been made,
to shan sSads1 @ The they R@5nsss @ 6 exist Ct 4 T aS
xern9ent one Of law and nobody can be legally ar;
principles OF law Of kind 1t is claimed by any
pies Of the common law using that term in its restricted
sense, the law under which civil courts ordinarily
act
navy. twas made under that But is claimed
THAI i was sae 10 e ard s OF q c
When portion OF country has been in state ofsuc
In the course Of the war that rebeous portion has been
sn 1 i Reid hs By oee o. e he f
courts closed and there are no existing civil tr
Ing IN as county and m 2 S oT
al by the military S raes ana ana
enforced BY military power Is admitted that General
toenore law the clens Of of
weknown and recognized crimes commed by II tboe se
citizens or to restrain any line q conduct not amount
ted BY proclamation But is denied that
OF Tnited hi. own
motion 70 arrest citizens Of savannah for crime and to
without the knowledge intervention d the General in
or IN disregard local miitay
nes It ba !, m true that the President as commande rim
10 lore asa court or @ martial OF military tribunal Or
he mIIitarv servca rssaiTg 4, ~, ~ peaI sos no. % ~
States when civil courts open because where the
strncted and there was no existing rebellion, martial
United substantially decided Ia The Miliigan case
SO often referred 10, that military order arrest and
In State not in rebellion would be Illegal order But
could at this time by virtue OF martial law arrest and
bring 60 Washington citizen OF Savannah, then living
believe, and did believe that such citizen Lad
people to be crime am here speaking oi the facts IN
this case Mr. Lamar not arrested because he was
been rebelious state and gave aid and comfort 10
he was Arrested fcr Parcaar offence answet Set
yes under certain restrictions The Commande-in.
against whom be issued the order did commit crime;
TnE PURPOSES OF OPPRESSION,
se beeomas ne @ ezen or such time that his
eetan ne citizen H ne . Sae iSn @ p or does
terms the Chief might lawfully arrest any
who from TIE Information before him he had reasonaoIe aT
rebellion or had committed such crme as
xp..,,,. a., IhE AssAssfsArIoS LINCOLN
r. nc and his snbordnsie when he
power Of martial law 1his anno6dsmenf pGssf 's Of
toe Bnt Pfsdsn, Pees eSggSSye gaSh 70 President John
Mr. Dana is sued and the question whether Mr. Dana
ZION that the President issued this ordsf ss or no sgs a6
opinion the % Presden az com@n SnarEe ES9 mat in
right to give the order be had 10 believe that
er sna That s Mr. oasT as5 upon u pcs wa valid and legal
preston be upon the the hGGs7 SrGsr q Ts, sp
valid and legal document, and NJ, Dana. being pub.
commander in signing the order by authority Of the
PRESIDENT did not make himself liable, unless he con
spred with. co-operaed with induced the President
20 issue II from motives TO oppress Had the President
told Mr. Dana TO issue order arresting OF
ing In New York Mr. Dana might have been liable,
because. on its face, that would have been
tegal order. When the President told Mr.. Dana 10
issue an order under natal law arresting Savannah
Siuzen Tor crime Mr. Dana Is not liable, because,
is ace The President bad right to issue such order
@ no n Mr. JshnsSn wuy Kept Mr. Lamar in eonne.
ssonabie that he should be released, he Is liable. IL
-. lana BY his own act wiifu ly, tept Mr.. Lamar In
ment9er an Ujusti1abe tme then he would be
oicsr Knew Mr. Dana being subordinate ministerial
u ny cooperate with and induce President johnson to
~Sop MIN, tneh br Dana Is not liable ior
IT,. JHr UNDUE
QUESTIONS OF TACT arise :-First-Waa This order
cause and for motive oppress Mr. Lamar
gbn ua nr Dana knowingly cooperate with presden n
IN ~ issue such 9n oppressive order? Second-Did
deientian, knowingly and wuily assist in the
Wsshingn1 lamar usreasonaDy after his arrival
ssns ~, as there ~ evidence the subject n.
$ye nan nf Dana himeelf who lestines in the mega
render e poin~' IL VIII De Your duty 70