--In this Court on yesterday
Capt. George W. Alexander appeared, in obedience to the rule awarded against him on. Saturday last, for the purpose of purging himself of an alleged charge of contempt of the mandate of the
Court in the case of the eight citizens of
Rockingham county, Va., arrested for harboring deserters from the C. S. army, and aiding them to escape into the
Yankee lines.
Hon. James Lyons, as counsel for
Alexander, read the sworn declaration of his client that he had committed no intentional contempt of the
Court, and that he had detained the prisoners in question in consequence of a
General Order of his official superior prohibiting him from discharging any prisoner without a written order from
Gen. Winder in addition to his written statement,
Capt. Alexander also declared orally that be entertained the most profound respect for the
Court, and would rather cut off his right arm than commit an intentional contempt of it.
Mr. Lyons addressed the
Court in behalf of his client, stating that
Capt. Alexander was a soldier, unfamiliar with legal proceedings, and that his whole demeanor and language rendered it evident that if, in obeying the orders of his superior officer, he had disregarded the mandate of the
Court, it was an unintentional act of disobedience, which was not intended as a contempt.
There was also a sufficient technical defence, which he deemed it unnecessary to be offered to the
Court, to dismiss proceedings against the
Captain.
Mr. Aylett, the
District Attorney, said that the issue involved was one which alone affected the
Court, and he should leave the question of contempt to be determined by the tribunal most interested.
Although
Capt. Alexander had in good faith taken the necessary steps to acquit himself of the charge preferred against him by the
Deputy Marshal, yet nothing could be clearer than that the eight prisoners were illegally detained in a military prison.
They were, he admitted, bad men, who merited punishment of an appropriate civil tribunal, but they had been discharged from the military prison by the
Court, and had been illegally detained there since Saturday last, and the bad character of the prisoners did not destroy their rights.
Capt. Alexander detained these men, and intimated that he would not release them until ordered by his superior officer.--He wished the
Court to make the fact known that in
habeas corpus cases the mandate of this Court must be obeyed at all times, all military orders to the contrary notwithstanding.
To the order of the
Court all officers in the military service were to submit whether they were commandants or inferior officers — none were too high, and none were too low.
Judge Halyburton said, that in consideration of the statements and declarations of
Capt. Alexander, he should discharge the rule and not commit for contempt.
Before doing so he should require him to release the prisoners and return them to the
Court room, and there put them in possession of the
Marshal.
When that was done the rule would be discharged.
Hereafter he would not permit the orders of any general officer to interfere with his mandate in a case where human liberty was concerned.
His writ was to be obeyed, it mattered not what the "general orders were." As long as the writ of
habeas corpus was the privilege of the citizen, it must and should be exercised in prisons military as well as civil, in camp, and everywhere else.
Capt. Alexander, in obedience to the mandate of the
Court, returned to Castle Thunder, and in a very short time the prisoners were brought under guard into the
Court room, respectfully turned over to the
Marshal to be carried to
Staunton, the rule against the
Captain was discharged, and the majesty of the law recognized and her offended dignity appeased.
