472 



HABEAS CORPUS. 



proceedings before grand juries to sanction or sustain 

 them ; a brief reference to the essentials of the three 

 extraordinary modes of instituting procedure, to which 

 I hare called your attention, wilt make this clear to a 

 demonstration. 



It is not such a presentment as can be made the basis 

 of any action by the Court, for being aimed at individ- 

 ual offenders, and at a specific and distinct offence, it 

 could be legally founded only on the personal knowl- 

 edge of the grand jurors. 



Neither does this fall under the second classification ; 

 the proceedings did not originate with the District At- 

 torney, nor was any indictment of his own motion or 

 otherwise laid before the Grand Jury. 



It is equally clear, that it does not fall in with the 

 only remaining mode, which is where the Court of 

 their own motion call the attention of the Grand Jury 

 to, and direct an investigation of, matters general in 

 their nature, for, as we nave already seen, that can 

 only be done where the evil affects the entire com- 

 munity, and in no case where it is personal and indi- 

 vidual. 



Under these instructions no further notice 

 was taken of the arrest by the court or Grand 

 Jury, but the case attracted attention in the 

 Legislature of Pennsylvania, being brought to 

 the notice of the Senate by resolutions offered 

 by Senators Donovan and Wallace. The resolu- 

 tion of the former authorizes the governor to 

 go to Washington to demand the release of Mr. 

 Boileau. Mr. Donovan supported it in an able 

 speech, and was replied to by Mr. Lowry. The 

 resolution was referred to the Committee on 

 Federal Relations, and a motion to discharge the 

 committee failed by a strict party vote. Con- 

 siderable excitement prevailed in regard to the 

 arrest. 



Mr. Boileau was released from confinement, 

 in consequence of his being willing to make the 

 apology and avowal contained in the following 

 paper : 



HEADQUARTERS MIDDLE DEPARTMENT, EIGHTH ) 



ARMY CORPS, BALTIMORE, MD., V 



February 1st, 1863. | 



I, Albert D. Boileau, citizen of Philadelphia, and 

 editor and publisher of the " Evening Journal," now 

 confined in Fort McHenry for the publication of an edi- 

 torial article under the title of " Davis's Message," in 

 that paper, January 20th, 1863, and " for the publica- 

 tion of other articles of a like dangerous character, 

 tending to the support and encouragement of the re- 

 bellion against the Government of the United States," 

 do hereby freely and voluntarily express my regret for 

 the publication of that article, or of any other article 

 of like tendency or character, and do distinctly disavow 

 such articles being published with my proper authority 

 or knowledge, and declare that such publication has 

 been made oy other persons, agent or employe', and 

 without my sanction and intention ; and I do further- 

 more give to Maj.-Gen. Robert Schenck, commanding 

 the Middle Department and Eighth Army Corps, by 

 whose order in behalf of the Government I have been 

 arrested, my sacred parole of honor, that upon being 

 discharged from my present imprisonment, and suspen- 

 sion of publication of my newspaper being removed, 

 I will not write, print, or publish, or permit others in 

 my name to write, print, or publish any articles having 

 such dangerous character, or tending to the support er 

 encouragement of the rebellion, but will demean my- 

 self in all things as a true and loyal citizen of the 

 United States, intending only to support the Govern- 

 ment, the Constitution, and the Union, as a faithful 

 citizen should. And it is to be further understood that 

 these declarations and pledges are made to relate as 

 well to matters hereafter to be published in the weekly 

 newspaper called the " Democratic Leader," made up 



from the " Daily Philadelphia Evening Journal " itself, 

 and to any other newspaper that ntay be published or 

 controlled by me. 



Given at Baltimore this 1st day of February, 1863. 

 ALBERT D. BOILEAU. 



During the month of March, complaint was 

 made before a justice of the peace at Marshall, 

 Clarke county, Illinois, that two men from 

 Indiana were attempting to kidnap a citizen 

 of that place. A warrant was issued, and the 

 parties arrested and brought before the justice. 

 At the instance of the defendants' counsel the 

 investigation was continued before Charles H. 

 Constable, judge of the fourth judicial circuit 

 of Illinois. The defendants sought to justify 

 their acts under a written communication from 

 the authorities of Indiana purporting to give 

 them authority to arrest deserters in the city 

 of Terre Haute and county of Vigo, State of 

 Indiana. There was no proof that these par- 

 ties were the persons they represented them- 

 selves to be. It was also disclosed in the ex- 

 amination that James Gamron, for whom the 

 complaint was made, volunteered in the Il- 

 linois regiment ; that he had been taken pris- 

 oner in Tennesseeabout the 1st of February, and 

 was paroled ; had arrived, sick, at his mother's 

 house, in Clarke county (111.), and remained 

 so up to the time of the arrest. The judge, 

 after hearing all the evidence, held that there 

 was probability of the guilt of the accused, and 

 thereupon required that they make their bond 

 to the people of the State of Illinois, jointly, in 

 the sum of five hundred dollars, conditioned 

 that they appear and answer further to the 

 charge on the Thursday following. 



One of the parties arrested obtained from 

 Judge Constable the following statement of the 

 proceedings : 



March 8th, 1863. 



At the request of John McFarland, as judge of the 

 fourth judicial circuit of the State of Illinois, I state 

 that Messrs. McFarland and Thomas Long have been 

 arrested and brought before me for examination on a 

 charge of kidnapping, and that I have deemed it my 

 duty to hold them over in a bond of five hundred dol- 

 lars to appear on next Thursday morning, being the 

 tenth judicial day of the term of the Clarke Circuit 

 Court, now in session, to answer further to said 

 charge, and have ordered the discharge from custody 

 of James Gamron, Hugh Scott, M. Belcher, and John 

 Tanner, four m'en whom they had arrested upon the 

 ground that they were deserters from Company K, 

 130th regiment Illinois volunteers. 



CHARLES H. CONSTABLE, 

 Judge Fourth Judicial Circuit of Illinois. 



The military authorities thereupon caused 

 the arrest of Judge Constable upon the charge 

 of interfering with the capture of desert ITS. 

 An examination took place before S. H. Treat, 

 district judge of the southern district of Illi- 

 nois, on the charge of encouraging soldiers to 

 desert. A full examination showed that tho 

 sergeants McFarlnnd and Long had no authori- 

 ty to take deserters in Illinois, and that tho 

 judge had acted properly in releasing the men 

 arrested and in holding the officers to bail. He 

 was accordingly discharged from custody. Tho 

 judgment of the Court was rendered simply 



