The New York herald., 1873-11-14
CHARLES A. DANA. 4,
The Action for False Impr isonmens
Against an Ex-Assistant Secretary OF
Wharf.-The Judge Asks Some Important
Questions Concerning the, Military
Powers OF the President.

wartime Judge Asks some important
Questions Concerning the, Military y
Powers OF the President.
the further hearing of the of Gazzf way Lamar
Charles A. Dana resumed yesterd AZ in the United
sates Circuit Court before Judge Natl ,anel shipnsn
and q jury
Ex-Judge William D. shipman and Mri Mcfarland ap
peared counsel for the plaintiff and be District Attor
;pey for Mr.. Dana.
ARGUMENT DEFEND ANT.
The District Attorney continued his argument on
half OF the defendant He contended lat the Presidents
power. as Commander Chief of ie Army, ndepen-
IDENTIFY any particular law hin authority issue
this order Tor the arrest of Mr. nmar The laws OF
peace could not exist toge fher, Counsel cited
several the Court conten ding that the Com
snander-in Chief the best judife OF how the
should carried and that he also the Judge Of
the proprety of arrest and mpriso nment matter of
military necessity and precauton.
The JDdge-Is not stated somewhere in the suthori
that the Commander in Chief cannot martial law
for the purpose Of oppressiont
The District Attorney-n no good faith observed II
1t is pretended that did and when in point
act the Commander.n Chief has such belief that
think presents different question The burden is
plaintiff show that the commandern Chief did not
IN good faith.
The Judge-suppose jury should find that this act
oppressive in It's character without reasonable
would the order Of the President in the absence
The Dstric, AitoTnsy-I appre hepd that it would.
be e 70
Wood who would prove ,hs. the pIainta had been
son 1t only to-day that this evidence had come TO
M Mcfarland objected The case had closed on both
des and a. be had sgpposed that his learned friend was
saPs motion the
The Judse-I adhere the ordinary govern
s win lay as aPs q this Masa Ss @ so s
counsel on both sides may be able to take advantage Of
District k tsSk The Iun
his stating thai il the pan ie
tff succeeded in getting damages they should be- in
anything at ali ike What he ciamed 'ne
Mcfarland the the sry for the plaintiff
re sssd sls 10 5ns ss9,s
a mad X m e 4 q ne Y
ppany as had been an action Hs fesess,
By sa H. M
Of the United states Of America thanks be TO God,
South nee tSisa set Ha shs the
properly taken except be done aceeqdns to seas we
defined principles ci law Of kind, whether j.
municipal law but il must be law Of some KIND. Clearly "
czed no TD ny
ss s San SS ana @
s.Tss,sG .G "Rss no law rhers
aaa as hsa
e0% snow ss w
0ce % pfT Is. n sss. TO- be led The sg
Pres and IN the most emphatic
IN The wok Posssf WosY
manent military occupation drew after full measure
sabjsstion ptsFy soysrnmene" s''1 rhst
spered u. seeon s sns Of w
ssysnns sse az e. that ms h ss s IL
,s bo ,s.II saw 1T ,S insusura sush policy
So Ssi sSsl ods s
the P. s e. there sr. S% Ts ao y
SSns Do shadTw % Of legal suhey for the hs
ri $its5y United ss,s .sss ssss
beIligerent. Il hall
sFtRs aSd SsosS o shcs i ,ss soqa
sssosnu.a sSsS sIf5S SS ne against = him other but
and whes esaea aeaPa n. rss Ran, Of
Sayannsh ea ads sta,ss t to permit this old
ihs a YSs5s TSs1, s.a 1,y time 20 s
@sas S SS q
navy forces might aecy overI.sp end dregay ana m
la and sif prods oTefIy Try and usual
gesni nes ., an army Of and say To r
ssn n' fs. e vssa,pgq sa. % RGyse
. The JgSSge,Ths ,S President having ressons. c.u.o 20
icf M dda%ss ought q
ne unnss SSss
the pay Or under the command noy "a
ana guilty various acts sioys asi aysl a citizen
Insd ss & ssssrs q af
a. mso wo afysI s Sry e.
nsy be: s' acSs %s fs ia
o sathoTy had invoked ike '9Ss s1e
Directly s5efs'ss % o. cdasls IT O.
question germane 70 this had ever been conenoed
ny Court or counsel that this authority ever existed nor
mad such act been sought be deended n the COURT
me exercise OF such authority the part Of the Pres
uen, would be executing law OF kind BY whatever
hme ~ may be called but would be simply executing
,nvb GWn srsiiaafg eccentric uncontrolled will which
..sn. DC one hing IN the morning, another thing
sne nreakast another before dinner and another in
T evening and the life and happiness and property of
she ~ eiii<ens would then be upon
Pre- ana te mere varying unreguated mood OF the
less and unconnned '' WIN "ouiu VIC sriesss huiE
h, Jndge,-suppose the President tssuax an o,der
i,ahe w" W. NJ r,aI Assume to be Oppressive IA Mr. Dans
Mr the nature OF the ordery
dent who Dana, the agent OF the yresf.
,nris ~ eAeIcised the power OF fssuIn0 t,a rrar
Ses % oe The sentemsn ne bon
void and that te ni act OF 1857 contendng that II was
ing 10 lie facts Of n. 81 post faeto Then advert
stated By the bistfct Attonax uy power and ystt was
him they should be sm u damages given against
s be oi pay them why was II that M psna Sad
yeeardns he q well known Judge this T9% s,i9
~ss because he. too hss Dssp ileatsned ylll z,