On yesterday a writ of habeas corpus was decided by Judge Marshall, in the Circuit Court of this city, which decides an important principle.
John Hannibas, of Franklin, (not a native, however, we understand,) was brought before Judge Marshall on a writ of habeas corpus sued out on his petition.
The facts of the case are these: John some time since joined a company of Cavalry, raised in the county of Franklin, with a view to active service in the present difficulties, of which Giles W. B. Hale is Captain.
When the company marched to the rendezvous poor John was not forthcoming, though no fined and ordered to march.
He was captured near this place a few days ago by a guard from his company, and held in custody with a view to being mustered into service, and he applied for this writ against his Captain, alleging that he would not be mustered into service without his consent, which he thought proper to withdraw after he found the company was to go. Judge Marshall held that he