Be it remembered that hertofore, to wit, on thesaid 23rd day of September, 1861, in said court, begun andheld as aforesaid in the ex parte matter of Charles S. Morehead.
The petition and application in behalf of Charles S. Morehead for a writ of habeas corpus and the response made by the marshal to the same befroe the judge at chambers andnow filed in court, being set for hearing this day at noon in court, the hour having arrived and the court and demanded of the marshal, A. H. Sneed, the production of the said Morehead in court according to the command of the writ, and the return of the marshal made upon said prisoner's application for the writ. The marshl stated that it was not in his power at this time to produce the said Morehead, and asked him till to- morrow, 10 a. m., to show cause, whichis allowed. And it is ordered that he then produce the said Morehead in court or show cuse to the caontrary. The marshal being presetn and cognizant of ths order no further service herof is required.
The petition for the writ of haveas corpus is in these words and figures, to wit:
UNITED STATES OF AMERICA.
To the Honorable JOHN CATRON,
One of the Justices of the Supreme Court of the Untied States:
Your petitioner, John orehead, on oath states that Charles S. Morehead is now in custody of A. H. Sneed, U. S. marshal for Kentucky, who holds him unlwfully and without right in confinement under authority of the United States. Therfore your petitioner prays for ht writ of habeas corpus, that the said Sneed and all otehrs acting under his authoritya and hving thr said Charles S. Morehead in custody bringhim before you that the cause of said unlawful confinement may be inquired into, and also the causes fohis being so held.
STATE OF KENTUCKY, Jefferson County, ss:
Personally came John Morehead before me, the undersigned, and made otah that the statmets madein the foregoing petition are as he verily believes true.
Given under my handd and seal of office this 19th day of September, 1861.
Notary Public, Jefferson COunty, Ky.
The foregoing affidavit was swron to before me this 19th day of September, 1861, by John Morehead.
Associate Justice Supreme Court of the United States.
Upon which petition and application the following writ issued, to wit:
The PRESIDENT OF THE UNITED STATES OF AMERICA:
Whereas John Morehead has presented a petition toJohn Catron, one of the assocaite justices of the Supreme Court of the Untied States, stating that Chrles S. Morehead is unjustly and unlawfully held in confienment by A. H. Sneed, U. S . marshal for the State of Kentucky, or by those acting under his authority, the said A. H. Sneed is commanded to bring the said Charles S. Morehead before me with the cause of commitment at the U. S . court room in the city of Louisville at 10 a. m. on the 20th of September, 1861, that the cause of the confinement and commitment of the said Charles S. Morehead may be inquiredinto,, and that the said A. H. Sneed then show by what authoritya dn for what cause the said Charles S. Morehead is so confined by him.
In testimony wherof, &c.,
Associate Justice Spreme Court of the united States.