The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-14
NEW YORK. HERALD.
CIV York, Tuesday, NJ arch II, ls4s.
The somers' Case before l. Ne United states
Court-Its Importance to Civil Liberty.

On the first page will be foup I'd full and accu-
rate report of the very able and Important argument
made Yesterday by Mr.. John Du sr, in reply to Mr.
Butler on the Somers' case, now before the Dis
tnct Court OF the United States II will be seen to
be an argument of great force, in terest and DEPTH
and is highly creditable to the putation and feel
ings of the speaker IN every poD of view. This is
only the first portion OF the rep 1y-the remainder
will be delivered by Mr.. Duer to-day, and will
questiOnably attract than usual attention, not
only from the bar, the bench, the jury, and this
community but from the mass of the people through
out the whole republic We shall continue to re-
port, with the same promptitude and fidelity, the
subsequent speeches and proceedings up to the ter
minaton and decision Of the Ju dye, whenever that
may take place
This controversy now assumes deep and fearful
imPortance-not only to the present parties-not
only to the due administration of the laws-not
only to the honor OF the navy-but il also has bear
ing the very first and original principles Of repub
lican liberty and republican government. For, if
this case be Invested and stripped of all its legal
technicalitiss-ofa all its mere words-of all its YER
biage and appeal to personal feelings-it will be
discovere to possess a most important bearing on
the relative ascendency ofthe civil and military prin-
cple in the action of free institutions. For the first
time, since the organization of the United States
government, we find the same principles in conflict
which cha ractersed the history of the republics of
Greece anel Rome in ancient times or those of the
Commonw ealth of England and republic of France
in modern times-namely conflict between the
ascendsncy of the civil and military principle. In
Athens, in Rome, in England, and in France, the
same contest took pace-and the loss Of their civil
and repubhca liberties may be dated with the pre-
ponderance Of military influence and military power
over the civil institutions
This character is sngularly exemplifed in the
position which the Somers' case now assumes in
the District Court of the United States. If the ju-
risdiction of the civil power of the United States
shall now be overcome and borne down by the ma
val power, (Which in this case is the most popular
branch of the military servce), the natural move
ments of events hereafter will irresistby lead to
the concentration of all power in Caesar, in a
Cromwell, or Napoleon. This is the exact posi-
ton OF this important question, and species of le-
gal refnements plausible argument can divest it
| Of such aspect 1t behooves, therefore, the
court, the grand jury, and the community at large,
TO watch the movements of this matter, and to see
that civil liberty receive not blow from the militia
ry (aas the nava) power, that ages may regret and
lament
We shall present every step of these proceedings
to the American people, in order that all who run
may read-and all that read, may understand.