New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-15
THE LAMAR IMPRISONMENT CASE.

THE LAMAR IMPRISONMENT CASE.
VERDICT FOR THE DEFENDANT BY DIRECTION OF
THE couRT-A JURoR's ANXIETY ABOUT HIS
OATH AND CONSCIENCE.
In the United States Circuit Court, yester-
day. Judge sbpman delivered the following charge to
the jury in the Of Gazaway b. Lamar AT Charles
A. Dana Assistant Secretary OF War:
This is an action OF false imprisonment, brought in
1868 by Mr.. Lamar, then aud resident OF Georgia
against Charles A DANA then and now e,tzen OF Iais
State, but formerly ASSISTANT Secretary o. war me
lows Prior to December 1851 Mr. Ls,r WAS a che a6e
zen OF Georgia Wnere ne m nr ahont Hpril ne
1865. Prior December 1904 the Inhabitants OF Geor
gia were 10 state OF rebellion sganst tue @
OF the United States and the territory OF the ssae waS
in the occupancy Of armed Rebels and the authority OF
the United states Goyernment was there ovefthown;
In December 1854, the Ci Of Savannah was taken ny
the United States troops, Cen sherman eonn,uo,ns,
occupied 10y United States troops who held by iorce
OF arms. The city was governed during that uine oy
Cen. Sherman and thereafter under the authority u
! Gen. Grover. The previously existing common law
courts and tribunals were closed ana thsfe was uurhs
that time. no existing civil authority put inc
authority Of the United States Government was
maintained BY military rule A1 sicu'e iss amp Pre sy
dent Lincoln assassfsated and Mr. johnson became
Of the Army OF the United States. On April %, Mr..
stanton, the Secretary OF War; sent tor MI Dana tne
Assistant Secretary OF War, and sad; want you 20
arrest Mr.. Lamar; we have reason TO believe that he
concerned in toe assassination OF PTesiasnt LIN
II
| Jefirjes was named and Mr. Stanton approved OF hun
and told Mr. Daua 10 make the order for MI Lamar's
Dana obeyed. aud he has testified that he nothing
of the reasons which induced Mr. stanton 10 make the
statement about Mr. Linars compcity III 1le asso y,
arrest Mr. Lamar to bring him TO WashingtaD and 10
| report To the Commanding General Ior 9rdefs'
| Lamar at night, and brought him 20 Wash
G yhfl Prison Pc sa oom w Il other
prisoners and Kept closely confined Tor aDout tree
months be being then In III health He has related the
circumstances Of his imprisonment, and they are not
denied. He finally released ON parole lie reported
monthly 70 the csnsndng ' ne vs
against HIM. and he was never informed Of tue cause OF
his arrest Gen. Johnston surrendered on April 80 1885,
| anil peace was formally proclaimed in August, 1885,
For this arrest and !hpTsOhInent, hT' Lunar DrlngS
| this action against Mr.. Dana BY United states
au it ia provided that no action for such
can be obtained unless brought wlthh TWO years ater
the commission of the act but with tba statute You
have nothing to DO not having been pleaded and this
case will considered as II brought WITHIN tne proper
time II is properly before the Court winch mas legal
jurisdiction OF 1t in all OF s aspeets ana can proceed 70
final Judgment. subject 70 the revision oi the court OF
others which shall eali your attention, is Mr. Dana
legally liable in damages for the arrest ana nhpiaon.
case the OF 1862 1885, and 1851 OF when you
| nave heard much. What my opinion VI tue validity
OF those statutes may be- Is mmaterill treat them
"a II they had been made and shah consider the
principles Of law applicable to tbs case Us ~ uG NOT
exist This Government ia one Of law, and nobody can
he legally arrested except 1e ACCORDING 20 known an
established law OF some kind IL Is NOT caiiheu nat
IN
pies of the that term IN la restricted
sense the law under which cvll courts ordnar aS,
Military law proper is applicable only 10 members OF tle
army aud navy but hot made under such
law IL is claimed, however, that " was mace nhuer
bic to the present case In this; Where a por,ion
OF country been IN state oI succcssiui reDelIo
against the constituted authorities aud III e COURSE VI
the war that portion has been taken posses.
sion of 10y tine armed or the regular
closed and there are no existing civil tribunals for the
preservation OF order, the conuanung eela s"sets
the country and its inhabitants Tor the the psinK W
marital Law that H. Ivy aud regulations proclaimed
by the military authorities aud enforced py Military
IL is admitted that Gen. Sherman had procaime was
enforcing. aud had right TO enforce mH."a -" oSss
one, and thus to punish any OF the weltknown
aud recognized crimes committed g 'rCse con- con-
duct amounting 20 crimes msdemeaoors which had
been prohibited by proclamation bnt ~ Is ueheu maj
the President as Commandments Cher OF the army OF
the Uuited states had power of his own motion to ar
rest citizens OF Savannah for crime anu 10 pihR .un
or intervention OF the general IN command IN
Savannah. and thus for the time being 49, superior 70
t 10 , as ~, .. Hs A. Observation-Disclosures had no
authority " arrest and hold for trial before court
reasonable lime per IONS not in the military service in
the so-called loyal states where eiyh courts were
ciy authorities are and there Is no exist
Ing rebellion, martial law does not Legally exist tns
tally decided n the MIlgan case often referred 70
IN cur hearing and military order " arrest ana Son
In state not In rebellion would be an illegal oraei
But the question here whether the Commander In
Chief could at that tune, ny Vli.ne Oh ~ Hn
then living there under martial law peGsuse tne h
dent had reason 10 believe ahd al1 penese n,' sos
cuzen guilty " an act wei! Known am feeog
niZed by all people to be crime am mere rpeanx Oh
the this case; Mr.. Lamar was nos arrested pc
cause he WAS an enemy generalywas not arrested be-
cause having been IN reoeious state and' gwen aiu
and comfort to the enemy, ne was regarded as TRAITOR
hut he was arrested TOR misdelneanor answer yes
under CERTAIN RESTRICTIONS Tho ConiDander-inGhlef
nne f
whom he issues the order did commit crime, must not
utter the order purposes OF oppresso ana must not
detain the citizen Tor time that MS act becomes
oppressive ana unjustbe II he writes the order for
@a 50 thss Z the detention becomes unjd
nably oppressive. he lis the ssspo caa1%ander IN
inchef might lawfully arrest any one 10 Savannah n
being under martial law, who. from tne ihIVrma.on
before him, no had reasonable g rou11 70 ~ hsN .o1
mtted such n crime the assassination OF fresueht
Lincoln. Within the immediate theater OF nsnrreotion
war the mnanderin-chief and his suoordinates'
where the Of the occasion make It necessary
possess this power OF martial law Ihs anhouhoemeut
81 tae law relates s1csve sns "a and ihs question is
Ia he liable in any measure ior tho orueI lherv
no question that the President lssueo tne orne ior
the declaration admits that he did charge you mat
In my opiniop the President, ~ COMMUNICATING,
had the right ~ give the order u he nau rossou 70
believe that crime had been committed oy MT Lamar;
and thai The oraer was upon its valid aud legal
order. II President Johnson Issued ~ lon ouNes Vi
be % Sat en and Mr. Dana beng
public ministerial officer, acting merely 40 .ne .ies
OF the Commander In issuing the order oy a1sno,v Oh
the President.' did not make hiipseH ,Iiapie
unless he conspired with, co0perated WITH. or
induced tho President TO issne the order iof
purposes Of oppression. Had the PTes'oehI toH nj.
Dana 10 Issue an order arresng one OF you hVlng 10
NowYurk Nj Dana might have been iiaD,c because on
s face that woald have peen on Illegal oraea, wsn ns
law srresting sisn Of savanna 70, n. Pessae
had .wl... ".