Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1891-11-06

W llSC CcCICutily
Stanton's words, Gin the service of
his country, wherein he was highly
distinguished for ability and good
conduct"
Although during his long military
career Gen. Hamilton had his lung
pierced with lance and his skull
fractured bya blow, yet he finds him
self now at nearly seventy years of
age in the possession of all his men,
tai and physical faculties. His bear
ing is as soldierly and his eye as clear
as when he led his command to battle.
The General often recalls incidents
in his military service.
Perhaps the most remarkable
events in his military career oc-
Cured in Washington in 1862, when
the Supreme Court of the United
States was temporarily closed. This
story the General believes, has never
before appeared in print. He recalled
it yesterday while in conversation
with some friends, and subsequently
related it to a reporter Of the World
, substantially as follows:
/; cit was in the early days of the
civil war, in 1861, when a writ of ha-
beas corpus was issued by Justice
Wayne, of the United States Supreme
/ Court, in the matter of private in
Colonel Willis Germans regiment of
/ Minnesota Volunteers. The point
involved in the case was practically
the right of the President to call out
the volunteer militia to aid in the
suppression of the rebellion. The
writ was finally served upon General
Winfield Scott, and the Importance
attaching to the subject may be imag-
ined from the fact that a Cabinet
meeting was called to consider the
matter. The Attorney General was
appointed General Scott's legal adj
wiser.
Il was absent at the moment, CIV
ing liberty to collateral descendant
of Washington without parole. When
l returned General Scott asked:
Colonel, is your horse saddled?' My
reply was: My horse is always sad
died; only drop the bit in his mouth
, "He then told me about the writ,
which was deemed defective. He
thought the Sergeant knew the seryit-
or of the writ, and we started out
with orders from Gen. Scott; Get the
papers; use violence if necessary,
Secretary Stanton added: 'We do not
care for the man; we want the papers.
"We started on the search at once,
but the Sergeant. could not recognize
the man. He pointed out half a
dozen in the block in front of Will
lard's Hotel. We ran our horses to
the Capitol where l saw Mr.. Carroll,
Clerk of the Supreme Court, and adj
vised him of the dilemma. He gave
orders that no papers should go on
file unless Endorsed by him. / then
I invited him to be temporarily i'll, pro
vided coach, a luncheon, and guard
of cavalry, with orders to shoot any
3 one who attempted to approach the
2 carriage.
8 1--WE meandered through the Rock
2 Creek region until shutdown. Upon
9 returning to General Scott's head.
quarters found him in his chair and
f not in a very amiable mood. He be
3 gan to scold. / smiled and asked him
. to hear me. He said: young man.
e l have sent you on very important
/ missions, to-day perhaps on the mos
r important of them all, and here vol
r are philandering away the whole da,
q without any report
y 81 then simply told him that hat
e taken the Clerk OF the Supreme Cour
e off in the Rock Creek country, guarded
by a cavalry escort, to prevent tn
filing of the return to the writ O
habeas corpus which he deemed erro
= neous or defective. Capital! capital!
s. he cried. Shut up the Supreme Cour
of the United States for the frs
l. time since it's Inauguration by law
It without violation of law or order
j. Take this return to President Lincoll
n and tell him what you have done ant
s. what / have said
Il did so. The President approves
;, the return, and added loosely:
y should not have thought of that wa
:, of shutting up the Supreme Court Q
le the United States by carrying ava
" the Clerk; take this to Mr.. Seward
1T l took the letter to Secretary Of Stat
l. Seward. Archbishop Hughes wa
1T with him. They conned it over. MI
IS Seward then wrote note to Justic
N Wayne. l was requested to bear
to him and to bring back his answer
T, which did.
or ''The decision was made by Justic
h Wayne in chambers. 1t was to tn
~ effect, as l afterwards learned frol
Ell Mr.. Seward, that the President ha
d. the right under the Constitution
Id call out the militia, and had the rigl
to select preferably the voluntee
n from the militia.
We II took this to Secretary Sewar'
Il, and, by his request, to President Lii
i" coin, Gen. Scott, and Secretary Sta
st. ton. Iafterward saw the paper locke
I'd in the safe OF the Department of Stat
II, and took tete-a-tete dinner wit
IN Secretary Seward that evening""
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