Decision of Judge Leavitt of Ohio

Cover Decision of Judge Leavitt of Ohio
Decision of Judge Leavitt of Ohio
United States Circuit Court 6th Circuit From O
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I might with entire confidence place the grounds of action I propose in the present case, upon the decision of the learned judge in that just referred to. Even if I entertained doubts of the soundness of his views, I see no principle on which I could be justified in treating the opinion as void of authority. But the counsel of Mr. Vallandigham was not restricted in the argument of this motion to this point. It seemed due to him that the court should hear what could be urged against the legality
... of the arrest, and in favor of the interposition of the court in behalf of the petitioner. And I have been greatly interested in the forcible argument Avliich has been submitted, though unable to concur with the speaker in all his conclu- sions.
If it were my desire to do so, I have not now the physical strength to notice or discuss at length the grounds on which the learned counsel has attempted to prove the illegality of General»Burnside's order for the arrest of INIr. Yalhindigham, and the duty of the court to grant the writ applied for.


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