New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-04
ADDITIONAL WAR NEWS.
THE HABEAs CORPUS CASE.
OPINION OF TIE CHIEF JUSTICE OF THE UNiihp

The apuliea,ion in this care for n VIII OF haoo'e
eorpus ia made 10 ne under the llth Section VI 'no
Jndicsry Act of 1882 which renders efec'ua ior INC
citizen the constitutional privilege OF the VIII oil nhoe"s
sorpus That act gives to the Courts oil toe ohieu
STATES, as well as TO each Justice OF the supreme
Cont and TO every District Judge power 10 grant |
;s Of baheas corpus for the purpose of inquiry lno
sbe cause Of commitment. The petition was presence
70 me at Washington, under tie impression that l
wonld order tie prisoner to be bToueh. Grioio ~
Ihere but as he was confined IN Fort hif' -
she Cty Of Baltimore, which is in my Circuit, re-
soly 10 hear Il in The latter city, as obedience 70 Tue
writ NJ der ,uch comsanec would not withd osn Ssa
command ...,,one,
reside. h. MsyI d. in baltimore County While Peaceab'y 30
b. own nee vii bis family was az O'Clock the nom
rg Of the 25 OF May 1851 entered by an emeo IoCe Geo
hg TO act under mitsy orders he vas men - No. NJ
om his geo isken INTO eusSSy Sed coySsea oee with
The coamSudri u tie F General George Cadwsader by
S S nov ne arr ,ny Of me fact. in TIE psin He
ths The prisoner vas srsed by oder Gen Keim Of pennsy
g. aud conducted prisoner TO Font MeeHy 10y ms oIdS.
and III esd Ia Lis (Gen Csiweade CUSTODY " De e'e oo
ssiued by him IS prisoner
Acopy of the ygasnt or order under which the prisoner
4. demanded by his counsel ard refused ara
On OaCn.e s,.n.t the laws Of the Gnisd States has been
chsed agaus' him upou oath 6u' he appears to he Dee OF
proof and vi hout giyi Of the wiie'es o. specify
si,ed Ihese crimes And having prisoner in custody
upon these and unsupI ored seeusstions be 10
sutSoiil- d by he President to suspend It.
The case then, simply THE military officer Iesidirg in
PeBnsy vsDis VTder 70 arrest citizen Of Aslsh
upon vsgue indefinite charges wi hout any proof 80 far S
sppea this ms house entered in the night ne
& sezed as pisonsr snd conveyed For, hceny and
lep' confinement AID "hen hateas eorpuss
prone before Justice Of Supreme Cut in order that be
Of s oihceT that auhoiled ey the President g sus
pend the wit Of hsbe corpus a. hs de'ion aud IN the ea
tropnd refuses obedience o the writ ,
as the Gaze eeore, understand that the
PresGen not only con the suspend the wit Of ha9ess
corpus himself a! bis dhe'oD but 70 degae thSi
whether be win w1 not obey Judicial process that may
Be served upon him
No OF ia notice been given the Courts Of Justice or to
the puohc by proclamation Otherwise that the fesldet
he Ieurn And ceTt-nly tened With surprise T
w ~pon 6eb here vas no diaeIeuee Of opinion and that
Saadni,ed on all h9uo9 ai t privilege oil the VIZ e0u h''
When the conspIsc5 Of which Burr the head be-
came forud be snd extensively anihed as to G'
on his part no power to suspend ibut communicated hi
opinion Cong viii all The proofs G Po,;e''ioP ~ oIG
sstemne Wheeler the publ eey Is9n.ied ~ Ano H. Is e
Mr. JeaIson night exoeise the power himself H. in ms OPINION
Hspg therefore regarded the question too plain aud too
yell settled to be open dispute If the commanding oee BAG
stated that his ibiy and IN The exercise Of
his refused obedience to the wit shonid
tuition and to Ibe construction received ou every uri.t aud
statesman Of that day when hsfas Of Brr was oege them
has beeo suspended der III, orders and ny he alhoty e
Prent and believing DO that the PredeG has exsr ed
pIorer res cc lor the heh odce he dl requires 20 e
tal have not venSred question the legality q hi act with
cat car fol AID deliberate essmlaion o. TIE whole atJeet
sion of the privilege OF the writ Of ha'eAs corpus is IN the 9Th
H. article e Is devoted to the Legislative Department of
tte Deo~ n begins by pfoyiditg hs' all less iye
gweIs therein granted sh re vested IN Congress Of the
United States which shall consist Of Senate and House Of Rep
recutsves" And after prescribing the manner IN which these
LegasIye Depsrmsnt ;nsi oe esose TX
aud laiive which e1pfetAy
ebt sno the eonels'Sn Of tins m as Which NAV
suecess ard proper for carry ns .to SIeiSn Vie
de Government United States or In any department or
TSe power Of legislation granted by this latter clause by i'
word carefully consoee 10 the peciho Seee'' Der Ss
mite to guard more eHestgsy eeT.sin
cIdGa S5s, ;e n the se b denying i rcn
Eess express terms any power o. o'e them It
temp ea uuder the peeIt that and proper to
creation the powers granted and i Wa; de,eInn'd
vital ptsbce concerned and accordingly Tins clause 10
wbirh the power Of legislation shall extend great
Importance hch The amer Of tie Constitution attached 70 the
privilege Of he wit Of hSbees OIus 60 protect the oe'ty Of
e eiden approved BY ts fac, that It's .pPtn.9 eISeP; IN
powed even ia these the power denied and IL
sTeIce Prohibited unless he PaShe safety aha. require IT. 1t
yndge whethe the pubic safety doe; or does not require IT.
sod, is standing .dinoDiS3 70 the legislative body Of ihs
beoe they Government Of United States
sDeb pOwer over the liberty Of citizen
Rsnzaion Of Executive Department and enumerste the
conferred g. aid pescribes SIS duties And # the
tended conferred The President would undoubtedly
be found in plain words In this article But there Is not word
that furnish the slightest ground justify the eEerci'e
Tie article begins by declaring the Executive power shall
30 vested in President OF tae United States Of America %
hold his once during the Of four yeeand then
70 prescribe election and specify IN precise
pain thu pow him And the duties imposed
him And the short term for hch he elected and the
limits which Is confined show the jealousy
and future the
u9o felt in reoon that department OF the 0ovefnn
aud nov carefully they Withheld nom nseuy the powers be-
longing the Executive branch OF The Engh Government,
which cousded dangerous 10 the bety Of tho ct
conferred gsna thai In and specific te) those
operstOn Of the Government.
lie Is elected already said for the brefeu Of four
iusssance ia cfss He Is iron necessity
bis duties the Commander Chsf Of tie Army and Navy and
sion the support the be made by Congress
longer than two that 4 IN Of the sue
support and obend IT, ii n their judgment he
President used Designed to it for Improper purposes
enad yet the appointment Of the officers reserved 10 the
States security 1gsnst the ice u tho military power1T
ho States
SO too power, in relation to the civ daties and authority
necessarily conferred HIN carefully restricted a. well a.
tboe belonging bis military character lie cannot appoirt tho
Ordinary Oncers Of Govern ent make treaty with for
Snse and appoint inferior officers unless he is
thohzei by act CoDgess to DO lie Is not empowered
States Dd when he may from u evidence before him believe
to be guilty be authorize sny Officer civil I1tsry
Che Constitution expressly person DO
Priv life !pcIty popery without due Of law
hsbea corpus appended By Of Coue party not
sabe;t to the roles and antilles Of ssrwGrd arrested
t4ned IN prison bf0ugh' tTa before military tribunal!
Tbs sT,icle ia the amendments = the Constitution Immediately
tha. al cIal prosecutions the accused shall enjoy tho
rshs to speedy aid public mai y az impartial Jg olihs