The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-09


posed, may end with equal disaster now.
Dark clouds hang over the future of Great
Britain, and, no matter what course its govern
ment may pursue, revolution is perhaps
impending there, which cannot be long de-
layed; but the day of Its calamity will be
near at hand indeed, II its government should
be insane enough to risk q war with the United
States, at q period, and ON a question, which
would be sure to cause fatal civil disturbances
at home.
Habess Corpus and Ohtsf Justice Tanoy-
His Opinions About Rebellion I'm ls43
and I'm 1861.
A great outcry has been raised against the
President for suspendiDg the writ Of habeas
corpus issued by Chief Justice fancy, command
ing Gen. Csdwallader to bring before the Court
Mr.. Merriman, who had been arrested and i'm
prisoned by the federal troops in Fort McHenry
on charge Of treason; and the Chief Justice
has denounced the act of the Chief Magistrate
as unconstitutional and vsid, aud declared
that it was only want of sufficient force pre-
vented his executing the order of the Court in
despite of the President. But it seems Chief
Justice fancy was not always of the same opin-
ion. He is now probably in favor of the South
eru contederacy, and his opinion is warped &C.
cordingly. In l643, when similar case was
brought before him, there was nothing in the
circumstances to influence his Judgment or
cloud his generally clear intellect, and he
therefore delivered against rebellion an in
partial and unprecedented opinion, very dif-
ferent in spirit from his recent judgment, which
tavors the rebels. 1t was in the case of the Dorr
rebellion in Rhode Island, when insurgents
rose against the lawful authorities of the State,
and attempted to effect revolution by force OF
arms. There was dispute about the legality
of the charter of Charles III. The revolution
lists denied its validity. The claw and ORDER"
or conservative party, maintained the contrary,
and elected Samuel W. King for Governor
under this charter. The suffrage" party, as
The rebels called themselves, elected Thomas
W. Dorr. Both parties appealed to arms; but
the law and order Governor invoked the fede-
raj aid, and troops were sent to his assistance,
which settled the question by the sword. Mar
tial law had been declared by authority of the
State Legislature and proclaimed by the
Governor Some Of the military of the State
Borden and others, by Order of their supe-
rior officer, broke into the house of Martin
Luther for the purpose of arresting him on a
charge of treason being concerned in the
Rhode Island insurrection. Luther subse-
quently brought an action of trespass against
the military for breaking into his house, and
the case came up by appeal before the Supreme
Court Of the United States. Chief Justice
fancy, at the head of the Court, decided that
the acts OF the defendants were lawful. The
following is an extract from his opinion:
After The rosideIt has acted aad called out the militia
is Circuit Court Of the United States authorized to
qure ~heih his decision was right Could the Court,
tho possession OF the government call witnesses befo,
and irquire which party represented majority OF the
the Court ipiovieod it to tho conclusion that the
President had decided Incorrectly to discharge those who
were Or detained by the troops in the Service of
was endsavWi6g TO msiatan If the judicial power OK
tnds so far the guarantee contained in the constitution
OF the United Stntes guarantee Of anarchy and of
crder. Yet if this right does not reside Ia the courts
when the conflict is raging the judicial power that
tine bound to follow the decision Of the political must
BIO equsiy bound when the CONTEXT over. It cannot
when peace restored, punish offences crimes the
acts which It before recognized, and bound to
cngnise, as lawful
And II the government of Rhode Island deemed the
opposition Formidable ard 20 ram.Ged through.
out the State as to require the of its military force
and the declaration OF martial law, see no ground
upon which tais Court Can question its authority II
state Of war; and the established government resorted
to the rights OF TO maintain itself and to
overcome the unlawful opposition aud In that state of
things the officers engaged in its military service might
lawfully arrest any who from the information before
the, they had reasonable grounds to believe
gsged IN the insnrecton and might order house to be
forciby entered and searched when there
able GROUNDS for surprising he might be there concealed
Wthcdt the power to do this, martial law and the
military array OF the government would be mere parade
and rather encourage attack than repel IL.
Now there cannot be the slightest doubt that
the military officers in Maryland, in the case of
Merriman, had information of the most reliable
character that he WIS engaged in the insur-
rection' in that State. Yet this same Judge
decides in that case that ''the President under
the constitution and laws of the United States,
cannot suspend the privilege Of the writ of
habeas corpus, nor authorize any military officer
to do So and that if any person is arrested by the
military it is the duty Of the officer to deliver
him over immediately to the civil power" The
ninth section Of the first article of the consti-
tuition (the section prohibiting and limiting the
action Of Congress) runs thus:-"The privilege
OF the writ of habeas corpus shall not be sus-
pended, unless when in cases of rebellion or
invasion the public safety may require it,
Judge Story, in his Commentary, says:--"It
(habeas corpus) is Justly esteemed the great
bulwa1k Of personal liberty, and is grautable
as matter of right to the party Imprisoned.
But 40 it had often. for frivolous reasons of
State, been suspended or denied in the parent
country, to the grievous oppression of the sub
iect it is made matter Of constitutional right
in al. cases, except when the public safety may