The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-06-13
Cen. Cadwallader and Judge fancy.

that there is no way OF taking care of
them.
Gen. Cadwallader and Judge fancy. !.
The facts concerning the attempt of
Judge fancy to take out of the hands
of Gen. CadwalIader, at Baltimore,
John Merryman, the traitor, are now
before the public. Gen. Cadwallader
is in command of the Federal troops
in the Annapolis Department. Like
Butler, he is sound lawyer, as well
as a good soldier, and an orthodox
member of the late Democratic party.
His answer to the writ of habe0s
corpus, so unnecessarily and unwarran-
tally issued, proves him to be both
lawyer and a patriot. His rebuke to
the hoary apologist for crime, by tell
ing him that those who should co-ope-
crate in the present trying and pain
" full position in which our country
|" is placed, should not, by any unnec-
"essary want of confidence in each
"other, increase our embarrassment"
is singing, and would penetrate less
hardened bosom than that of Roger B.
fancy.
This man, Merryman, is beyond all
question traitor of the deepest dye.
He is caught within one of our military
districts, fomenting war against the
United States. The military head of
of the District causes him 10 be de-
tanned, until due examination can be
made into his case. In a word, be is
arrested under that stern regime usual
ly called "martial law % The Chief
Justice of the United States, sworn to
support the Constitution instead of
coming forward to sustain those who
are endeavoriug to uphold it in this try
ing emergency, takes sides with traitors
who are exerting every energy to sub-
vert it, throwing around them the shell
tering protection of the ermine.
But, says some stickler for parch-
ment precedents, Gen. Cadwallader re-
fuses to obey the writ of hd6eas corpus.
To which We reply that the Constitu-
ton of the United States, from which
the writ obtains all its validity, proves
that "the privilege of the writ Of
hdbeds corpus shall not be suspended
unless aohen in case of rebellion or in.
vasion the public safety may require
sit" And this is the precise condi-
ton of things now existing in Mary
land and Virginia. The contingency
has arisen when the commander-in-
Chief of the Army and Navy has the
right, under the Constitution, to sus-
pend the privilege of the writ. Under
his orders Gen Cadwallader has acted.
The most eminent legal authority in
the land justifes his deed. Comment
ing upon the clause of the Constitution,
Judge Story says:
" 1t is obvious that cases of pecu-
liar emergency may arise, which may
justify-nay, even require-the tempo
rary suspension of the writ" The
peculiar emergency is now upon us.
Let the Government and its officers
meet it as becomes the exigency!
Let us cite an historic precedent ia
miliar to the country. In the war of
1928, when Gen. Jackson was the
military commander of New Orleans,
an instruction against his authority
was going Roadway. He, like Cad
wallader, refused in parallel case, to
WY SuO wiz vi fttCCStC CUT UUS lSSueu
by one Judge Hall. Thereupon Hall,
like fancy, issued his warrant to arrest
Jacksonfo contempt of Court. Where
upon Jackson put Hall in prison; and
having thus disposed of him, went ont
and won the victory of New Orleans.
We hope there will be no occasion
for Gen. .Cadwallader's following this
precedent to its extreme length; for
we think Judge fancy, who is very
old and feeble, is being used in this
matter by younger and holder Seces-
sionists. Nevertheless, we advise Gen.
lCadwallader to maintain his position
at all hazards, remembering that the
country ratified and applauded the he
role act of Jackson. Let him emulate
the example of Gen. Harvey, at St.
Louis, who in his recent proclamation,
has declared that in such cases he shall
obey the I" higher law of selfpreserva-
ton. When Treason stalks abroad in.
arms let decrepit Judges give place to-
man ahlo of