422 



HABEAS CORPUS. 



causing the arrest of persons suspected of sym- 

 pathizing with the rebellion, and of offences 

 against the Government, was himself subjected to 

 the summary process of arrest without warrant, 

 and confinement without benefit of habeas cor- 

 pus, on a charge of selling Government horses, 

 for his individual benefit. He was tried by 

 court-martial, found guilty, and sentenced to be 

 cashiered, to forfeit all pay and allowances, to 

 pay a fine of five thousand dollars, and be im- 

 prisoned for at least one year and until the fine 

 was paid. 



During the year a large number of newspa- 

 pers were suppressed by military orders on 

 charges of encouraging the enemy, discourag- 

 ing enlistments, advising resistance to the con- 

 scription or the publication of articles of a sim- 

 ilar tendency. In some cases the editors of 

 these papers were arrested by the civil author- 

 ities and tried by the courts ; in others the ar- 

 rest was summary, and the trial by military 

 commission; while in others after arrest and 

 imprisonment the parties were released without 

 investigation or trial. 



On Thursday, the 21st of July, Major-Gen. 

 Dix directed United States District Attorney 

 A. Q. Keasbey, of Newark, N. J., to arrest and 

 prosecute the editor and proprietors of the 

 " Newark Evening Journal." The offence for 

 which the prosecution was made was the pub- 

 lication of an article on the draft. 



The arrest was made under the twenty-fifth 

 rection of the act of March 3d, 1863, entitled 

 " An act for enrolling and calling out the na- 

 tional forces, and for other purposes." 



Mr. E. N. Fuller, the editor, was arrested on 

 Friday, on two warrants one for inciting to 

 insurrection, and the other for discouraging en- 

 listments. He was released on bail by United 

 States Commissioner Morris on giving bonds in 

 the sum of $7,000. 



Mr. Fuller was afterwards indicted in the 

 United States District Court for the district of 

 New Jersey under the section of the law stated, 

 and at a subsequent term of the court pleaded 

 non vult contendere, and was sentenced to pay 

 a fine. 



The obnoxious articles were copied from the 

 " Newark Evening Journal" into the " Somer- 

 set Messenger," published in Somerville, N. J., 

 which led to the arrest on the 10th of August 

 of Mr. 0. C. Cone, the editor, on a process 

 issued by United States Commissioner "White- 

 head on the complaint of the United States Dis- 

 trict Attorney, made at the request of Gen. 

 Dix. Mr. Cone was also held to bail to appear. 



On August 13th, "W. H. Simpson, editor of the 

 " Eepublican Journal," was arrested and carried 

 before the United States District Court at Ban- 

 gor, to answer to an indictment for giving aid and 

 comfort to the rebellion by publishing an arti- 

 cle on the draft. He pleaded not guilty, and 

 through his counsel demanded an immediate 

 trial. This was resisted by the United States 

 Attorney, upon whose motion the matter was 

 continued, and Mr. Simpson's personal recog- 



nizance taken for his appearance at the nest 

 term of the court. 



On August 18th, Mr. John Mullaly, editor and 

 proprietor of the " Metropolitan Record," New 

 York, was arrested and brought before United 

 States Commissioner Osborn, on a charge of 

 opposing and counselling resistance to the con- 

 scription. The charge was made by United 

 States District Attorney E. Delafield Smith, 

 who, it seems, took some of the papers pub- 

 lished by Mullaly to the commissioner, and de- 

 sired a warrant of arrest. Commissioner Osborn 

 desired him to state his complaint in writing, 

 which was done. 



Upon this affidavit, Commissioner Osborn 

 issued a warrant of arrest. Mr. Mullaly waa 

 therefore brought before the commissioner, and 

 Mr. Charles Downing became his surety in the 

 sum of twenty -five hundred dollars. 



On November 18, Dr. John McElwee, editor 

 of the Hamilton "True Telegraph," was ar- 

 rested on an indictment found by the Grand 

 Jury of the United States for the Southern Dis- 

 trict of Ohio, charging the said John McElwee 

 with treason. The indictment was found under 

 the provisions of the act of July 17th, 1862, and 

 charges the accused with giving aid and com- 

 fort to the rebels. Three several editorial arti- 

 cles were specified, contained in the " True 

 Telegraph" of July 21st, 1864. Judge Leavitt 

 held him to bail for his appearance in the sum 

 of $3,000. 



Mr. Flanagan, an editor of a paper in the 

 "West, was tried and sentenced to six months 

 imprisonment at hard labor by a military com- 

 mission. The offence for which he was tried 

 was the publication of an article in a newspa- 

 per of which he was the proprietor. The arti- 

 cle was copied from another paper, and it is a 

 curious fact that the author of the article and 

 proprietor of the paper in which it originally 

 appeared had been previously arrested for its 

 publication, and discharged by a military tribu- 

 nal. Some thought this inconsistent, others 

 argued otherwise, and the commission before 

 which Mr. Flanagan was tried agreed with the 

 latter. The commission which tried the orig- 

 inal author of the obnoxious article let him go ; 

 that which tried Mr. Flanagan shut him up. 



Oct. 5th, J, J. Bingham, editor of the Indian- 

 apolis "Daily Sentinel," was arrested by order 

 of Maj.-Gen. Hovey, the military governor of 

 Indiana, and confined in a military prison. The 

 reason said to be alleged for Mr. Bingham's 

 arrest was the publication of an article in the 

 "Sentinel" regarded as derogatory to a mili- 

 tary commission then in session in that city 

 engaged in the trial of Mr. Dodd, on a charge 

 of disloyalty or conspiracy. 



In addition to the arrest of editors of papers, 

 large numbers of citizens were arbitrarily ar- 

 rested, of which the N. Y. " Journal of Com- 

 merce " says : 



A mere list, with the briefest mention possible in 

 each case, would fill not less than eighteen columns 

 of our paper. This tremendous list is exclusively 



