From the Richmond Dispatch, 7/26/1864, p.1, c 5

Interesting Habeas Corpus Case – The argument in the habeas corpus case sued out by R D’Orsey Ogden, manager of the Richmond Theatre, who claims exemption from military duty on the ground that he is a British subject and desires to return to his native country, was commenced yesterday before Judge Halyburton, of the Confederate States District Court. Gen George W Randolph, counsel for Mr. Ogden, occupied the attention of His Honor in a speech of about three hours length, during which he quoted extensively from foreign and domestic authorities to prove that his client should not be required to enlist in the Confederate army. According to the Military Code of the United States, he said, the domestic foreigner is excluded from conscription, and there can be no pretense upon which he could be compelled to perform military service. He also quoted from the proclamation of the Queen of England, upon the breaking out of the present war between the Confederate and United States in which she warned all her subject residing here not to take any part in the difficulties existing between us. He contended that to require a foreigner who had not taken the oath of allegiance and become a citizen of a power at war to do service in its defense, was a usurpation of authority which no nation was ever guilty of before, and could not be sustained upon any grounds of right or justice.

At the conclusion of Gen R’s argument Hon P H Aylett, C S District Attorney, announced that his engagements were such that he could not make his reply before Thursday next, whereupon Judge Halyburton adjourned the matter over till that time. The case is one which affects a large number of persons in this city, and its decision is therefore looked to with much interest. – Associated with Gen Randolph as counsel for the party concerned is Hon Jas Lyons, who will deliver the closing argument.

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