The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-31

They also had the Of Luther Leonard military store
Keeper under consideration, but failed 70 ind anything
that would warrant his being put ON the retiring iss
THE SUSPENSION or tbs WHIT OF HAREAs CoRPUs--
OPINIONS OF THE JUDGES or THE CIRCUIT COURT.
Deputy Marshal Phillips represented to the Circuit Court
that be did the rulo issued by that body
on the oad be served General Andrew Porter
Proves, Marshal for the District OF Columbia because
was ordered by President of the United States
serve same and TO report the Court tina. the riv
ege Of habeas corpus has been suspended for
present. by order OF the President In regard 10 the
soldiers Of tho army Of the United States within this Dis
trct. The Deputy Marshal respectfully disciams all in
tenion TO dsoboy with dsrespect the orders OF
the Court
Chief Justice Dunlop delivered opinion 10 the court
as follows:--
Rule 10 show cause against General Andrew Porter,
Provost Marshal Of the District of Columbia, why
tachment of contempt Of court issued against him for
obsructng the process Of this Court and the adminsta
tion OF justice under IL The return made by Deputy
Marshal Phillips, the Goth OF October will order to be
led though do not doubt power to regard it
in law and 10 proceed against tho officer who
has made it, Tho existing condition Of the country
makes plain that that officer powcress against the
military force Of tho Executive subject to his will
aud order as Commander. in Chief Of the army and
navy Of the United States.
Assuming the verify OF the return, which has been
made oalh the presented Is without parallel in
tho judicial history OF the Omitted States and involves
the action aud efficiency br the judges Of this country
The President charged by the constitution TO take
that the laws be executed has at to the pro-
OF this Court and to forbid the Deputy Marshal to
execute It, II does not involve merely tho question OF
the power Of the Executive in civil to suspend the
great writ OF freedom the habeas corpus: When this
rule ordered TO give efficiency to that writ,
notice had been given by tho President to
the courts the country Of such suspension
here, first announced TO us, and II will hardly be
maintained that the suspension could be retrospective.
The rule in this case therefore, whatever may be tho Pres
dents power the writ Of habeas corpus lawfully
ordered we'll as the writ which it was founded Tho
which the rule ordered by the Court
sumed true respects the President because the
President had them before him. and has not denied them
but forbade the Deputy Marshal the rule Gen.
Andrew Porter The President, We think, assumes the
responsibilities OF the acts Of Gen. Porter forth in tho
rule and them by his order Deputy Marshal
Phillips not to tho process the Provost Marshal
The issue ought to be, and It s with tho President
have physical power TO enforce the lawful process
Of this Court on his military subordinates Against the
Presidents prohibition have exhausted every practi
cable remedy to uphold the lawful authority Of this
Court II therefore ordered this sOth day Of October
that this opinion Of tho Court filed by the Clerk and
made part of the record, explaining the grounds
which decide not 10 order any further proceed
ings in this case.
Associate Judge Marshall said--As member OF this
Court and on its behalf, wish II understood that
wjthstandng the blow levecd at this Court do dis
tinctly assert the following principles
Fsst1hat the law in this country knows no superior
the military cannot be denied that has been established
by the abest jurists, and believe recognized and
spected by the Great Father Of Country during tho Re-
4nrdfhat the court ought to be respected by every
one as the guardian Of the personal liberty Of the citizen
in giving ready and cfcctua aid by that most valuable
MEANS the writ Of habess corpus.
FburI-I therefore respectfully protest against the
right claimed to interrupt the proceedings in this
INTERESTING CORRESPONDENTS BETWEEN THE AMERI-
CAN CONSUL GENERAL TO EGYPT AND THE ANERI-
CAN MISSIONARIES ON THE CASE OF FAIRS Ell Ia
BEER.
The following 10 the correspondence between Mr.
Thayer the American Consul General 70 Egypt and tho
American missionaries, the subject Of tho Of
Fsrs 81 Tabecb, just received here by the government
1t will be that the Consul General has succeeded
for the ou,rages committed by Mahomedan mob
UNITED STATES CONSULATE GENERAl,l
ALEXANDRIA, Sept. q, 1861. !
GENT ESI take pleasure in herewith transferring to
yonr charge the OF hundred thousand pastrcs
autarif, paid by order Of his Hghness, tho Vice.
roy Of Egypt, as an indemnity for tho mal.rea,ment
As you and your associate, the Rev Mr.. Barnet now
his way 70 America, are the employers, and were his
juries take the liberty asking you in case he con-
SCENTS, to hold tho money In trust, and to pay him the
regular proceeds of its investment In such securities
you may deem most safe and advantageous TO him.
Allow me- gentlemen, hcrc 10 remark that the cx-
ample Of the ane and imprisonment Of the
power, stimulated and led the fanatical mob
against this humble missionary laborcr, is triumph
alone Of the prascworlhy enterprise In which you
immediately engaged. The great multitude OF Chris
tians OF all denomnao whether native Of foreign
birth, throughout Egypt win equally share in It's be-
nefts. WHILE therefore, IN such vindication Of tho
rights OF conscience they thankfully recognise ihowse
and tolerant policy Of the viccroy trust they will also
Hghaess to adopt IT, They, hardly than ourselves
have for congraation the proof thus sgnay
not destroyed its influence abroad and that its honored
flag is still as always has been the potent symbol alike
Of e,s anS Of religious
TO the Rcyerends Mcssrs LANSING, Ho0a and EWING,
American Missionaries in Egypt.
To W. TnAyER ESQ., Consul General Of the United States
We hereby acknowledge the receipt Of your note of
the 9th inst and also Of the hundred Thousand pas
tres auar the amount 81 the fine obtained by the Uni
ted states Consul General the recompense TO rs
agent NJ OsiUt for the outrage committed upon him by
Mahomedan mob. We cannot refrain from taking this
occasion to express to you onr qualification at the
cessln termination Of this affair Please accept hearty
thanks for your prompt interference and efficient and
~ directed cers in bringing to aspeedy and successful
Inc eRcns OF last fcw years, especially
the tragedies OF Ja Jedda and Damascus, have shown
the bitter intolerance OF Mahomedan bgory, and, at
the time, The inelciency, from political complica
tons OF the representatives Of the European Powers
protecting the rights Of Christians securing Justice
when they violated The decision obtained In this
will have and, we have evidence to believe has
already had most happy effect As Americans
oice in the evidence which Is thus given, especially at
this time, of tie influence Of our government in this
and and that that influence viii be used the
side OF tolerance and right; and missionaries
rejoice in favorable decision in matter vitality
connected with the prosperity Of missionary work.
Az the time personally congratulate you on SO
suspicious an narguration Of your official among
You would obligc by conveying this expression
Of sentiments TO the government authorities home
We have the honor to be- yours, mos respectfully,
q. LANSING.
s. G. EWING.
JOHN HOGG
EXCHANGE OF PRISONERS.
Hon N. r. 0dcl is here urging exchange of prison
ers. Colonel Wood and sixty Of his Of the Four
teenth (Brookyn) regiment at Richmond, many of
| them wounded.
THE ARMY.
Henry B. Livingston, Of the late Schuyler Living
sion has been appointed First Lieutenant in the Eleventh
! infantry, United States Army