From the Richmond Dispatch, 8/16/1864, p.1, c. 6
Decision in Ogden’s Case. – Judge Halyburton rendered his decision yesterday in the case of Mr. R. D. Ogden, the manager of the Richmond Theatre who, through his counsel, made an application under a writ of habeas corpus for exemption from the Confederate service on the ground of being an English subject and an undomiciled foreigner. His decision was adverse to the petitioner, and places him immediately into the military service.
It will be recollected that Judge Halyburton decided this case the same way on Thursday last, but upon Mr. Lyons, counsel for Mr. Ogden, calling his attention to the fact, that in rendering his decision he had committed an oversight in ignoring all reference to the treaty of 1796 between the United States and Great Britain, which was still in full force as between the latter and the Confederate States, the Judge suspended the operation of the decision until Saturday last, when he heard Mr. Lyon’s argument upon that point. At its conclusion he announced that he would consider the points involved, and on Monday should finally dispose of the matter. Accordingly, yesterday Judge Halyburton re-affirmed his former decision. The treaty of 1796, he maintained, did not apply to the case before him and could not, therefore, affect the opinion he had already given.
Upon stating this fact, Mr. Lyons made another effort for his client, and asked that he might be bailed till a writ of error could be filed and he could carry the case before the Confederate States Supreme Court.
Judge Halyburton replied that there was no such tribunal in existence in the Confederacy and said that no one was better aware of the fact than Mr. Lyons himself. It was a source of great regret to him that there was not such a body, for if there was he would not then have the entire responsibility resting on his shoulders.
Mr. Ogden was thereupon turned over to Major Thomas G. Peyton, commandant of Camp Lee and was taken into custody by a guard who was in waiting and carried out to the camp for enrolled conscripts.