Year: 1865




SYLVANfA, IN THE COZENS CASE


In the Cozens case at Philadelphia Judge
Thompson ined Col. Frink $40 for contempt Of
court, and then rendered his decision in the case
of the relator, Cozsns, as follows:


The petition sets forth many grievances. This
man was arrested, taken TO the Old Capitol Prt-
son, deprived of money and property belonging
TO him, notified through newspapers that he was
to be tried and that he was tried, and that there
had been some finding somewhere. All that is
outside of the cHse. | have nothing TO do with
it here. But there is something for me 20 con.
slider, and have acted upon it. lie states that
he IL not guilty OF criminal offence, and that
he has been deprived OF his liberty. Upon that
this return is made. On this return / em to
judge, and on nothing else.


The return to this writ of habeas corpus is that
the relator as private citizen, was arrested aud
held under the authority of the President Of the
United States. The return is in accordance with
the act OF Congress Of March 3, 1863, that when
ever the privilege of the writ of habegs corpus is
suspended by tue President, under the authority
of the act, no officer shall he compelled to pro.
duee the body OF person in custody but upon
certificate under oath that the person is detained
under the authority OF the President, proceedings
under the writ shall stay. The section authorizes
the President during the present rebellion, when.
ever the public safety requires Il, TO suspend tie
writ Of habeas corpus as II Is provided and that
suspension remain IN force long the rebellion
continues On this return arises the important
question whether, on the 29th of June last the re-
belliOn continued or not. This question | am 10
determine. Ii is u fact TO be judiciaiiy deter.
mined like any other tact that comes under Judi.
cial cognizance.


The privilege Of the writ of habeas corpus ia the
sacred right of every citizen, and we are TO OBJ.
serve the strctest scrutiny of any act that threat
M N I'M nt Va huty mia afTliTy Lafnr
US the fact that the power of suspension is granted
only Tor the continuance of rebellion. II ceases
with the rebellion, and think l shall 80 decide
that the courts are bound TO give the citizen his
right undeI the privilege. Then there is one
thing to decide. What shall be the evidence OF
the end of the rebellion. This must be such as is
necessary to prove any other fact. think that
We have abundant evidence that the rebellion no
longer exists.


Tne abundance of evidence was then set forth
tersely and clearly by the judge, concluding with
the assertion, Il cannot doubt the fact, We gil
know it, and thank the good Providence that
there is no war in the land" Why, then should
the right Of the citizen, limited and controlled
by the existence Of the war, be limited and con-
trolled when the war has ceasedl This being SO,
the authority of the President merely waiying all
other considerations that bear upon the subject is
not sufficient warrant for the arrest Of citizen.
And when a warrant is issued for the arrest or





it must be supported by oath or affirmation, and
there being no oath or affirmation here charging
the crime or ofense nor warrant pursuant TO 1t to
authorize the arrest, the warrant In this case,
therefore, is unauthorized and the relator Is en-.
titled TO be discharged.


The decision is not one that conflicts as be.
tween the civil and military authority of the
country. 1t is an important clause for constitu.
ton and right that the military shall in all cases
and at all times, he in strict subserVlence to the
civil power, and 1t will doubtless be as agreeable
to the military authorities that there should be
return To the normal condition Ia this respect, as
peace happily returns, as to the civil authorities
themselves. On this simple fact, considering the
return. and no more, discharge this claimant.
do not go into the question whether Congress
has the right TO put into the army contractors or
Others. IL is not necessary TO this decision.
must discard all considerations that have been
suggested arising out of the fact tast Mr.. Cozens
has been tlied by military tribunal.


II would have presented different question had
it been returned LeTe that he was In execution
under the finding of that court. hope, however,
most earnestly hope, that at the end of the long
terrible war we have j1st passed through the
President of the United States will do speedily
what think he ought to do, refuse his sanction
to all trial oi offences that ere not purely militia
Ty, and let the citizen again be returned to the
tribunals to which he is accustomed to answer
and there to receive the punishment of what he
should he found 10 be guilty. | make no deci-
sion this question, for the question of trial Is
not returned as the reason for the arrest nor
would it therefore be proper for me to notice il.


The return is based simply on the power of the
President TO order the arrest, under the authority
of the writ OF hsbeas corpus. Therefore, the de-
cision In one great question must In my judg.
ment, decide all questions of this kind; that is to
say the time allowed the President 10 exercise
this power is at an end. The bow of peace spans
the whole country, and that was to be the sign
that all should be secured in their rights hereaf
ter. have, believe, nothing further that 1t is
necessary TO add. ! have thought with great
deal OF care on this subject have approved of
the calm and dispasIonate manner Of the discus.
sion that was becoming the gentlemen engaged
on both Sides AN obliged, therefore, to order
the release of the relator.


Cozens was accordingly discharged, ami the
case thus ended.