Viewing page 43 of 241

This transcription has been completed. Contact us with corrections.

Respondent
represents. Respondent further answers that the acts as charged against said Dial if true constitutes crimes of the grossest nature, and done in contempt of the constituted authorities of the Government, and particularly against an Act of Congress entitled an act known as the Civil Rights Bill, that having lawfully obtained jurisdiction of the subject matter, and of the person of the accused, this respondent proposes to adjudicate the cause, and respectfully denies the jurisdiction of your Honour in the premises. The late proclamation of the President only restores the priviledge of the Writ of Habeas Corpus to its original status, and it cannot apply now where it conflicts with existing laws, as it clearly does in this case and therefore the respondent respectfully declines to surrender the person of said Dial under the writ issued in his behalf, and pray to be dismissed with costs.
All of which is respectfully submitted, this the 25 day of April 1866
M. Longworth
Sub Asst Commissor
BRF&AL
The writ was dismissed.
M.L.
[[stamp]] The National Archives of the United States [[/stamp]]
L 108 (RF&AL Vol 6) 1866