Mr. CLARK. I have another case in the State of Kentucky which I will hrin to the attention of the Senate. Istated here the other day that the judges in Kentucky had decidedboth ways; had agreed to allow an order of a rebel officer to be pleaded in a prosecution against a rebel soldier, and had held that it was for him a good defense, and had refused it to a Federal soldier. I have the case here of a person named Holland, which I " will read: Holland wasindicted by the grandjury of Chris tian county for stealing some horses.which not he committed under the orders of his superior officer. General S. B. Buckner, of the rebel army and upon being brought to trial was discharged by judgeGra linin. circuitiuilize of Christian county, on the Ground that hecould not be.punished for an not committed under the orders of his superiors, from which the Commonwealthappealed. “AttyGen Harlan re presented the commonwealth, and Colonel 13.H. ristow represented the prisoner, (llolland.) Judge Robertson delivered the opinion of the court:, The only judicial question presented by this appealfrom aiudizinent of the circuiteourt dipehar gin: the accuse dona verdict pfacquittal on an indictment forrobbery is, whotherin aconnty of Kentucky. occupiedand controlled by a confederate army under commandof General Buc ner, the forcible capture of a non-combatant citizens horses in conformity with military authority and in execution of a Military order. was a criminal of iense cognisuble by the civil powerof this state and on this question our opinion is that the act being belligerent in the legal import of that comprehensiveterm it was not rob bery iu the technical sense. Argument to prove this would be superfluous, wherefore the judgment is allirmed. Upon this a Frankfort correspondent of the Cincinnati Gazette remarks: “This opinion was delivored on the 21st day of September, 1864 and has just been phlished by the reporter.Diiviill. Notwithstandingtis opinion.soin3 or 4000 Union soldiers have been indicted and tried for similarpffense s and someof them sentencedto the penitentiary and but tor governor Bramlcttes intervention with his pardoning power would now heincarceratedthere.” It seems that what is a good defense for a rebel soldier is not a defense for a Federal soldier, and he is castinto prison for doing precisely the sapie thin for which the rebel soldier is set free. I made no imputation upon the State of Kentucky; I desire to cast no imutation upon her authorities; but if there be this honest difference of o inion in her courts. if they honestly believe t iat a rebel soldier is to be defended and protected because he has the order of his superior, it is time that we should provide that the Federal soldier should be protected in the same way. I have further testimony; and the Senfrom Indiana need not ask me if cases have been refused a transfer. 1,000s of them have been, on the very ground which the Senfrom Delaware sets up, and which the Senfrom Indiana, I understand, has approved, that they declare the act to be unconstitutional. What defense is an act. of this kind to a Federal soldier if he goes into the court, and the judge says, “Your not is entirely unconstitutional; I will not regard it for a moment, ” and then goes on to try and sentence him and at him in the State prison, or else finds a judgment against him and sends the sherilfto take away his property? There must be some way of remed)ing this crying evil, and these men who have been engaged in the defense of the couniry cannot be permitted to be persecuted in this sort of way. Their life becomes hardly worth havin, if, after having driven the rebels out of their country and subdued them, those rebels are to be permitted to return and harass them from mornin until night and from nighttill morning, and made their life a curse for that very defense which they have given your country. Sir, it should not be; and if these State judges will not obey the law, if they will not allow the transfer to be made. there should be a penalty annexed which would compel them to o ey and transfer the cause.