516 



HABEAS COEPUS. 



HOPE, FREDERICK W. 



ties and dangers by which the military commander is 

 at the moment surrounded. If, under these circum- 

 stances of national and executive embarrassment, the 

 President has transcended his lawful authority, he has 

 committed an unintentional error, which he will be the 

 first to repair and the last to vindicate. My duty, how- 

 ever, compels me to judge his acts, not by his inten- 

 tions, but by the Constitution and laws, giving a fair 

 and reasonable scope to all the powers which they con- 

 fer upon him. 



It follows that in my judgment the return of Gen. 

 Elliot shows no sufficient cause for the detention of the 

 petitioner or why he should refuse to produce his body 

 before this Court; but as the issuing of the attachment 

 at the present time may lead to serious and most un- 

 fortunate collisions, which it is possible to avoid by a 

 short delay, I deem it advisable, adhering to the pre- 

 cedent set by other Courts and Judges under like cir- 

 cumstances, and out of respect to the national author- 

 ities, to withhold it, until they shall have had time to 

 consider what steps they should properly take in the 

 case. 



Many other cases of applications to the courts 

 for the writ of habeas corpus occurred ; in 

 some of which it was granted, and in others, 

 refused. 



The arrests, some of which were flagrant, 

 attracted so much attention that they exerted 

 an influence upon the State elections near the 

 close of the year, in which the Administration 

 party was very seriously defeated. Released 

 prisoners on their return to their residences 

 were in many instances received with immense 

 popular demonstrations. 



On the 22d of November, therefore, the fol- 

 lowing order was issued by the War Depart- 

 ment: 



WAB DEPARTMENT, I 

 WASHINGTON, Nov. 22, 1862. ) 



Ordered 1. That all persons now in military custody, 

 who have been arrested for discouraging volunteer en- 

 listments, opposing the draft, or for otherwise giving 

 aid and comfort to the enemy, in States where the draft 

 has been made or the quota of volunteers and militia 

 has been furnished, shall be discharged from further 

 military restraint. 



2. That persons who, by the authority of the military 

 commander or governor in rebel States, have been ar- 

 rested and sent from such State for disloyalty or hos- 

 tility to the Government of the United States, and are 

 now in military custody, may also be discharged upon 

 giving their parole to do no act of hostility against the 

 Government of the United States, nor render aid to 

 its enemies. But all such persons shall remain subject 

 to military surveillance and liable to arrest on breach 

 of their parole. And if any such persons shall prefer 

 to leave the loyal States on condition of their not re- 

 turning again during the war, or until special leave for 

 that purpose be obtained from the President, then such 

 person shall at his option be released and depart from 

 the United States, or be conveyed beyond the military 

 lines of the United States forces. 



3. This order shall not operate to discharge any 

 person who has been in arms against the Government, 

 or by force and arms has resisted or attempted to re- 

 sist the draft, nor relieve any person from liability to 

 trial and punishment by civil tribunals, or by court 

 martial or military commission, who may be amenable 

 to such tribunals for offences committed. 



By order of the Secretary of War : 

 E. D. TOWNSEND, Assistant Adjutant General. 



Indictments were now found in some of the 

 States against the individuals who had execut- 

 ed these orders to arrest. In New Jersey the 

 grand 'jury of Hunterdon county found bills 

 of indictment against the U. S. marshal and 



his aids, for arresting a citizen of that county. 

 The marshal and his aids were arrested and 

 put under bonds to appear at the term of the 

 court in April, 1863. Similar proceedings 

 took place in Ohio. The. Congress subsequent- 

 ly in session passed an act authorizing Presi- 

 dent Lincoln to suspend the writ of habeas 

 corpus, etc. 



HARRISONBURG, the capital of Rocking- 

 ham county, Virginia, is a small village situated 

 in a fertile country, west of the southern termi- 

 nation of the Massanutten mountain. It is 

 near Cross Keys, the scene of the battle be- 

 tween Gens. Fremont and Jackson, in the re- 

 treat of the latter from the pursuit of Gen. 

 Banks across the Potomac. The population 

 was about 1,500. It is the termination of the 

 Manassas Gap railroad. 



HOGG, THOMAS JEFFERSON, Esq., born at 

 Norton, in the county of Durham, May 24, 1792, 

 died at his residence, Clifton-road, St. John's 

 Wood, August 27, 1862. He received the prin- 

 cipal part of his education at the Royal Gram- 

 mar School of Durham, under the late Rev. Dr. 

 Britton, who was famed for the many able 

 scholars he had sent to both universities. In 

 January, 1810, he entered University College, 

 Oxford, where commenced his intimate acquaint- 

 ance with Percy Bysshe Shelley, whose biog- 

 raphy he has not lived to complete. He was 

 admitted to the bar at the Middle Temple in 

 1817, and for many years regularly attended 

 the assizes and quarter sessions. In 1833 he 

 was appointed one of the Municipal Corpora- 

 tion Commissioners for England and Wales, 

 and subsequently, for more than twenty years, 

 was the revising barrister for Northumberland 

 and the northern boroughs. Few English schol- 

 ars could surpass him in his thorough acquaint- 

 ance with Greek and the Grecian authors, and 

 he was also well read in the modern languages 

 German, French, Italian, and Spanish. He 

 was the author of " Two Hundred and Nine 

 Days ; or, The Journal of a Traveller on the 

 Continent," several essays in- the " Edinburgh 

 Review " and other periodicals, and two able 

 articles in the last two editions of the Edin- 

 bugh " Encyclopaedia Britannica" viz., " Al- 

 phabet " and " Antiquities." 



HOLLY SPRINGS, the capital of Marshall 

 county, Mississippi, was a flourishing and beauti- 

 ful village, 210 miles north of Jackson, the 

 capital of the State, and situated on the rail- 

 road from New Orleans to Columbus, near 

 Cairo, on the Ohio, called the Mississippi Cen- 

 tral. It has been noted for the excellence of 

 its schools and the intelligence of its inhabi- 

 tants, and contains several churches and one 

 bank. It was involved in the military opera- 

 tions of the year, and occupied by the Federal 

 forces at two different periods. (See ARMY 

 OPERATIONS.) Its population was about 5,000. 



HOPE, Rev. FEED. WM., a clergyman of the 

 Church of England, born in Portman-square, 

 London, Jan. 3, 1797, died at the same place, 

 April 15, 1862. Ho was educated at Christ 



