To this writ the marshal, A. H. Sneed, made the following return, to wit:
The udersigned, marshl of the Kentucky district, says the within- named Charles S. Morehead is in his charge and custody as such marshal, and that he will have the defendant before the circuit curt of the United States at the court rooms at Louisville on Monday next by the hour of noon. September 20, 1861.
A. H. SNEED,
U. S. Marshal for Kentucky- District.
At another day of said term, to wit, Tuesday, the 24th day of September, 1861, came S. S. Nicholas, esq., attorney for the accused, and also A H. Sneed, the marsahl of this district, and he failing to produce in court the said Morehead according to the command of the habeas corpus herein aned of the order of this court made here on yesterday (he having him in his charge and custody as certified by him to the judge of this court on the 20th instant), but produced in court an additional return to the said writ to which he has sworn in open court, and is filed. The said Sneed also produced as part of his return the affidavit and the original warrant under which the accused was arrested by him, which are also filed. As to the failure of the marshal to produce the said Morehead according to the said writ and order, and as to the sufficiency of his said return, the court is not now advised, and takes time till to- morrow morning, 10 o'clock, to consider.
The additional return of the marshal ad other papers mentined in the foregoing order a sfiled are in the words and figures following, to wit:
Circuit court of the United States, eighth ircuit, Kentucky distirct, at Louisville
THE UNITED STATES OF AMERICA
On habeas corpus.
CHARLES S. MOREHEAD.
Having received information upon which I relied that CHrles S. Morehead, of the county of Jefferson, Ky., was actively engaged in stirring up and pormoting the rebllion now existing against the Government of the United States by corresponding with the enemy and doing other acts which in law amounted to reason, I caused a warrant to issue for his arrest and he was accordingly arrested the 19th instant, together factory reasons to believe was intended if they were retained in the city of Louisville I caused them to be conveyed across the Ohio River to the town of Jeffesonville, which is opposite to the city of louisville, for safe- keeping. After they were thus conveyed to Jeffersonville I was informed upon authority which I believed that the persons would be forcibly released, and to prevent it, under the advice of Governor Morton, who was at the time in the city of Louisville, asaid persons were to be returned when orddred by the court having jurisdication of the offense cahrged.
Pursuant to the diretins of the Government of the United States issued form the office of the Attorney- General of the United States, I which I was directed to report forthwith all arrestes made by me for treasonm or other offenses involving the stability and intergrity of the Government, I notified the Secretary of War of the arrest of the said Morehead, Barr and Durrett. I have been informed upon authority which I do not doubt that the President of the United Stats through the Secretary of War ordered said persons to be conveyed to FOrt Lafayette, in the State of New York, and that they were taken into custody by the militaryauthority of the United States at Indianapolis onFriday the 20th instant and when last heard vfrom were en route for New York. I never did give my consent directly or indierctly for the removal of said persons from Indianpolis. When I was about leaving louisville for Indianapolis to bring said persons back to Louisville for examiation and trial Iwas informed that the military authorities of the United States had taken possession of said Morehead, Barr and Durrett, and had started with them for New York. But for the interference of the ilitary authorities the persons would have been before this court for examination and trial. The remaoval of them to the opposite side of the Ohio RIver was for no other purpose than for safe- keeping and to prevent any violence which might have been gotten upby their friends and sympathizers for their