HABEAS CORPUS. 



419 



assumption of the truth of the matters therein set forth, 

 this case presents some very remarkable features. 



In this connection it is proper to observe that on 

 the hearing of the matter the counsel for the peti- 

 tioner filed with the papers herein, what purported 

 to be the charges and specifications against the peti- 

 tioner, served upon him after the allowance of the 

 writ. That these are not under oath, but merely 

 subscribed by Hunter Brooks, as Provost Marshal of 

 Mobile, and that all of these charges and specifications 

 are only accusatory of the petitioner as an appointee 

 of the Government to an office, which, by no possible 

 construction, can be held military or naval in its 

 character, and for malefeasance in which, he is not, in 

 any degree, liable to military discipline. 



I have already adjudged the return made to this 

 writ by Brevet Major-General Charles R. Woods as 

 wholly insufficient, and directed this respondent to 

 make a fuller return. This he refuses to do. The 

 responsibility of breaking the laws of the land is his, 

 and the consequences of his contumacy must be borne 

 by him. My own duty in the premises is easily dis- 

 charged. It is my office to determine whether the 

 petitioner is or not, unlawfully restrained of his lib- 

 erty. In the present case I have no doubt that his 

 imprisonment is unlawful, and I decide that the pe- 

 titioner, Thomas C. A. Dexter, is entitled to, and must 

 be discharged from the custody and restraint of the 

 respondent Woods, and from all military custody 

 and restraint. But in view of the fact that no ap- 

 pointment of a United States Attorney for this Dis- 

 trict of Alabama has yet been made, and having before 

 me these accusations of a grave offence alleged to 

 have been committed by the petitioner against the 

 United States, I order and direct that Brevet Major- 

 General Charles R. Woods forthwith bring the said 

 Thomas C. A. Dexter before me, to the end that he 

 may give bail, with sufficient sureties, in such sum 

 as shall be fixed by this Court for his appearance in 

 the Southern District, at such times and places there- 

 in as he shall be required by either the United States 

 Judge, or the United States District Attorney for this 

 District, to answer any complaint or indictment which 

 may be preferred against him touching the matters 

 alleged in the charges and specifications served on 

 him by Provost Marshal Hunter Brooks, and which 

 are on file in this Court. 



An attachment against Gen. Woods wasissued 

 and served, and the following answer made 

 thereto on the next morning : 



To the Hon. Richard JBusteed, U. 8. District Judge ; 



The undersigned, Charles R. Woods, in the mili- 

 tary service of the United States, and Brevet Major- 

 General of volunteers, commanding the Department 

 of Alabama, in answer to an attachment issued against 

 him by your Honor, and served upon him by the 

 United States Marshal, and returnable this llth day 

 of December, 1865, respectfully says: 



That no further proceedings under the said writ 

 of attachment should be had against him, because he 

 says there has not been at any time any intention 

 upon his part to treat with disrespect the authority 

 or process of the Courts of the United States or the 

 Judge thereof. 



That the first return made by the undersigned to 

 the writ of habeas corpus issued to him to produce 

 the body of the said T. C. A. Dexter before your 

 Honor, was intended to be such a compliance with 

 the exigence of said writ as would discharge the duty 

 that the undersigned owed to his military superiors, 

 and also to the laws of the land. 



As it respects the second return made by the un- 

 dersigned to said writ he says, that before it was or- 

 dered to be made, a military commission had been 

 convened for the trial of the said T. C. A. Dexter, 

 and the said return was intended to convey respect- 

 fully to the Court the official knowledge of this fact, 

 and was not in any way intended to be disrespectful 

 to the Judge presiding. 



The undersigned further says, that he believed 

 himself fully justified in his refusal to produce the 

 body of the said T. C. A. Dexter in Court, or to stay 

 the proceedings of the military commission, so con- 

 vened by him as aforesaid, and if he had acted other- 

 wise, would have violated his duty of obedience 

 to the orders of the President of the United States 

 and Major-General George H. Thomas, commanding 

 the Military Division of the Tennessee. 



The undersigned here annexes a copy of the orders 

 under which he is acting in this matter, and produces 

 now here the originals of said orders, for the inspec- 

 tion of the Court. 



All of which is respectfully submitted, 



CHAS. R. WOODS, Brevet Maj.-Gen. 



IlF.ArXjr AKTEKS. NASHVILLE, 15. 



Brevet Lieut. -Col. Hunter JBrooks : 



I send you the following telegram from the Presi- 

 dent of the Unite_d States, for your information and 

 instruction in the investigation into the alleged frauds, 

 committed by pretended Treasury agents and officers 

 of the army. Send your report through General 

 Weods : 



"WASHINGTON, August 14, 1865. 

 To Maj.-Gen. Thomas, Nashville: 



I have been advised that innumerable frauds are 

 being practised by persons assuming to be Treasury 

 agents, in various portions of Alabama, in the col- 

 lecting of cotton, pretended to belong to the Confed- 

 erate Government. I also understand that they are 

 connected with the commander of post at Montgom- 

 ery. I hope you will appoint some efficient officer 

 under your command to proceed, and examine, and 

 ascertain the facts, and if any parties shall be found, 

 whether connected with the Treasury or Military, 

 that you will deal with them in the most summary 

 manner, and report the names of the persons engaged 

 in each transaction and each case. Mr. Dillon, Treas- 

 ury Agent, will be in town in a few days, and will 

 confer with you upon that subject, and especially 

 Gen. Hatch, at Montgomery. 



(Signed) ANDREW JOHNSON. 



President United States. 



Official and true copy. 



FEED. H. WILSON, Ass't. A. G. Gen'l Dep't Ala. 



JACKSON, Miss., Nov. 21, 1865. 

 Maj.-Gen. Chas. Ji. Woods, Commanding: 



i ou are right to decline to give up" Dexter. He is 

 now being tried strictly in accordance with the law 

 of third of March, 1865. 

 Official and true copy. 



(Signed) GEO. H. THOMAS, Maj.-Gen. 



FEED. H. WILSON, Ass't Adj't Gen'l Dep't Ala. 



WAR DEPARTMENT, WASHINGTON, Nov. 26, 1865. 

 Maj.-Gen. Geo. H. Thomas: 



The Commission having Dexter's case under con- 

 sideration, will proceed to make a thorough and 

 speedy examination of his case, and make such de- 

 cision as the proof will justify. 



If Gen. Thomas left Mobile, forward this despatch 

 to Gen. Woods. 



(Signed) ANDREW JOHNSON, 



President United States. 

 Official and true copy. 

 FEED. H. WILSON, Ass't Adj't Gen'l Dep't Ala, 



This paper was read amid the profound at- 

 tention of the audience. On the conclusion of 

 its reading, the Court inquired of Mr. Andrews 

 whether he had any motion to make. The 

 counsel then briefly adverted to the circum- 

 stances of the case, and said he scarcely knew 

 what motion to make in the premises. That 

 he thought the best disposition that could be 

 made of the whole matter was to leave it to 

 the discretion and control of the Court, confi- 

 dent that whatever judgment was rendered 



