HABEAS CORPUS. 



he avows the proceeding of Mr. Cameron referred to 

 as one taken by him when Secretary of War, under the 

 President's directions, and deemed necessary for the 

 prompt suppression of the existing insurrection. 



The President will at once communicate this cor- 

 respondence to the Attorney General of the United 

 States, and also to Congress. I am, sir, your obedient 

 servant, ' WILLIAM H. SEWAKD. 



BENJAMIN E. BREWSTER, Esq., Philadelphia. 



A case bearing upon this point occurred a 

 few years since in New York. It was that of 

 Commander Hollins, against whom an action 

 of trespass was brought in the New York 

 Common Pleas on behalf of owners of proper- 

 ty destroyed by him in his bombardment of 

 Greytown, Nicaragua. The cause was removed 

 into the United States Circuit Court, and ar- 

 gued before Mr. Justice Nelson on the point 

 raised, that Hollins, as commander of the sloop 

 of war Cyane, was acting under orders from 

 his superior officer, the President of the United 

 States, and therefore was not personally liable 

 to the plaintiff. To this it was replied that the 

 President had no power to declare war, and 

 that therefore the act both of the President and 

 Hollins was without show of authority, and 

 both were guilty of injuring the plaintiif. The 

 Court, after having had the matter under ad- 

 visement for some time, ruled that the decision 

 of the Executive was final, and justified llollins 

 in the execution of his orders. 



Arrests still continued to be made, but under 

 the form of military orders, of which the fol- 

 lowing is an instance : An order was issued by 

 Maj.-Gen. Dix to a deputy provost marshal to 

 arrest Richard Carmichael, judge of Talbot coun- 

 ty court, Maryland, and Isaac Powell, the pros- 

 ecuting attorney, on a charge of treason. Gen. 

 Dix was at the time in military command 

 at Baltimore. The arrest was made by the 

 deputy marshal, McPhail, assisted by several 

 officers from Baltimore. A military company 

 was also detailed in view of threatened resist- 

 ance, but their services were not used. The 

 manner in which this arrest was made is thus 

 related : 



The marshal and his men went into the court house, 

 where the Judge was presiding upon the bench, and 

 ascending the place, told the Judge that he must consid- 

 er himself under arrest and a prisoner. The Judge 

 seemed astonished, and demanded the authority for such 

 a proceeding, and was answered, by the authority of the 

 United States Government. The Judge's reply indi- 

 cated that he did not regard that authority under the 

 circumstances of the case. Here a call was made for 

 the sheriff of the county ; and the crier of the court, 

 seated near the window, was adding to the excitement, 

 but was soon silenced with the threat that if he said 

 another word he would be knocked down. Officer 

 Bishop, receiving an order to take the Judge in cus- 

 tody, took hold of him, when the Judge kicked him. 

 Bishop then drew a revolver, and with it struck the 

 Judge upon the head several times. Others arrested 

 Mr. Powell and two citizens named William Nabb and 

 Elixir Pascault. The proceeding was prompt, de- 

 cisive, and done in less time than is required to write 

 an account of it. But the court room presented a most 

 singular scene, all present being greatly excited. The 

 members of the jury, who were sitting in the box, 

 asked for directions as to what they should do, but 

 getting no answer, soon left the building. The arrests 

 having been made, Judge Carmichael was attended by 



a physician of the town, who dressed his wounds. The 

 military soon made their appearance, and the whole 

 party, after a short delay, marched to the landing, where 

 a steamer was in waiting, and started for Baltimore. 

 The boat stopped at Fort McHenry, and placed the 

 prisoners in charge of Col. Morris, commanding the 

 post. 



Another instance is thus described : 



Mr. William H. Ofifutt, a venerable citizen of Mont- 

 gomery county, Md., was arrested at his home on May 

 23d, by order of Gen. Wadsworth, the military gov- 

 ernor of the District of Columbia, and lodged in the 

 Old Capitol as a " prisoner of State." 



It seems that this gentleman had by a due process 

 of law recovered a fugitive slave belonging to him un- 

 der the laws of Maryland. On the ground that this 

 slave had received a " military protection," Gen. Wads- 

 worth sent a file of soldiers into Montgomery county, 

 twenty-three miles from Washington, to demand the 

 restitution of the person returned by the civil authority 

 charged with the execution of the fugitive slave law. 

 As the slave could not be produced, in consequence of 

 his removal to another part of Maryland, the owner, 

 Mr. Offutt, was arrested in his stead and brought to 

 Washington, whore, as before said, he was impris- 

 oned at the " Old Capitol building." 



Mr. Blair, the Postmaster-General, becoming aware 

 of the facts, and being apprised of the estimable charac- 

 ter of Mr. Offutt, as also of his approved loyalty, imme- 

 diately procured his release from the custody in which 

 he was held. 



On the 24th of September, President Lincoln 

 issued the following proclamation : 



Whereas it has become necessary to call into service 

 not only volunteers, but also portions of the militia of 

 the States by draft, in order to suppress the insurrec- 

 tion existing in the United States, and disloyal persons 

 are not adequately restrained by the ordinary pro- 

 cesses of law from hindering this measure, and from 

 giving aid and comfort in various ways to the insur- 

 rection, 



Now, therefore, be it ordered 



First. That during the existing insurrection, and as 

 a necessary measure for suppressing the same, all reb- 

 els and insurgents, their aiders and abettors, within the 

 United States, and all persons discouraging volunteer 

 enlistments, resisting military drafts, or guilty of any 

 disloyal practice, affording aid and comfort to the reb- 

 els against the authority of the United States, shall be 

 subject to martial law, and liable to trial and punish- 

 ment by courts martial or military commission. 



Second. That the writ of habeas corpus is suspended 



in respect to all persons arrested, or who are now, or 



hereafter during the rebellion shall be, imprisoned in 



any fort, camp, arsenal, military prison, or other 



Elace of confinement by any military authority, or 

 y the sentence of any court martial or military com- 

 mission. 



In witness whereof, I have hereunto set my hand, 

 and caused the seal of the United States to be affixed. 

 Done at the city of Washington, this twenty- 

 fourth day of September, in the year of our 

 [L. 8.] Lord one thousand eight hundred and sixty- 

 two, and of the independence of the United 

 States the eighty-seventh. 



ABRAHAM LINCOLN. 

 By the President : 



WILLIAM H. SEWARD, Secretary of State. 



This was followed soon after by an order 

 from the Secretary of War, appointing, a pro- 

 vost marshal general of the War Department, 

 with headquarters in Washington ; and one or 

 more special provost marshals as necessity 

 might require in each State, who were required 

 to report to and receive instructions and orders 

 from the provost marshal general. The chief 



