Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1880-09-02

HUOedS corpus anO rake ner OOOS
from the custody of the military
authorities. We are now in a
state of peacc-not war;" 1t was
now nearly midnight, and this was
our last hope.
Completing our labor, we drove
Immediately to the residence of the
Hon. Andrew Wylie, and, jnst as
the clock tolled the hour of two in
the morning, rung the front-door
bell. A window above us was
raised, and the we'll known voice
of the Judge greeted rs with the
query, "W hat do you want r. We
answered, .1mportant business of a
judicial character, upon which
hangs life or DEATH" The window
closed, and in a few moments the
Judge admitted lis into his study,
clad only in his dressing gown, the
weather being warm. The Judge
listened attentively to each SEN
tence of our petition, which was of
some length, inmovable, sitting
like statue in the glinmer of the
gas light overhead, not interrupt
ing us once during the whole of
the reading, and the brief argu-
ment that followed. At its con
clusion he took the papers, and
quietly remarking, "Please excnse
me, gentlemen,' retired to his
chamber.
Our hearts fell within MS as he
closed the door behind him, as we
conceived the idea that he was
about to reject the petition,
and heing in an unc:ad condition,
had gone to put on his clothes. In
a few moments, however, lie re-
turhed with the papers in his hand,
remarking: "Gentlernen, my mind
is made up. l have always en-
deavored to perform my duty fear
!essly, as | understand it. / am
constrained to decide the points in
your petition well taken. | am
about to perform ali act which be-
fore morrow's sun goes down
may consign me to the cid capitol
prison. l believe it to be my duty,
as a judge, to order this writ to
issue and' (taking up his pen) 81
shall SO order it," With many
thanks we received back the pa
pers, and carried them in person to
the clerk of the court, who made
out the writ in accordance with the
order of Judge Wylic, and at four
O'Clock in the morning we placed
it in the hands of the United States
marshal, with tn, request that it
be served ediately upon Gen
eral Hancock the commandant OF
the military district in which the
body Of Mrs. Surratt was con-
fined.
The judicial act Of Judge Wylie,
performed in the face OF reckless
passion which in that sanguiHary
hour would have swept away all
forms of law, remains fadeless in
its luster, and, touched with the
mellow hues OF time, stand brightly
forth, crowning with garlanjs the
closing years of that brave man
who, in the face of bayonets, "darcd
to perform his duty as he knew it,"
Ah well would it have been for
the judicial history OF THE country
had that "writ Of writs'' been
obeyed, and the sacred majesty OF
the law maintained
The United States marshal
served the writ upoh General Ham
cock. The President and his i'll
advisers, believing, however, that
General Hancock would, undcuLt-
edly, obey the writ, assumed the
Illegal authority OF suspending it.
General Hancock appeared in
obedience to that summons, before
Judge Wylic, accompanied by the
Attorney General OF the United
States, who, as the repr escntative
OF the President. presented to the
court the following return, which
was an executive order suspending
the writ of hadeas corpus, to wit j:
EXECUTIVE OFFICE, July 7, 1865,
10 Il. IN.
To Ma;or- General ". s. Hancock
commanding, etc:
I, Andrew johnson, President
of the United States, do hereby de-
clare that the writ OF habeos r,us
has been heretofore suspended IN
such cases as this, and l do hereby
especially suspend this writ, and
direct that yon proceed to execute
the order heretofore given upon
the judgment of the military com
mission, and you will give this
order in return to the writ.
(Signed) ANrREw JOHNSON,
President.
General Hancock has bcen
charged with disobey ing the writ.
Nothing could be further from the