New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-05
ROGER h. TANEY.

III 1000, the secretary Ol tno lrcuSuy Itiustu
to remove the ". s. Deposits from the Bank Of the
United States, where on act Of Congress had placed
them and whence the Secretary of the Treasury
not the President-was alone authorized by law TO
remove them. Gen. Jackson sought out tool who
would do his bidding in the premises aud, having
found one in Roger Brooke fancy, an old liauil-
tonian Federal lawyer Of Baltimore, he removed
Mr. Duane and put fancy in his place, thus secur-
ing removal of the Deposits in defiance of an
overwhelming vote of Congress Olouse) not long
previous, and in defiance of the independent iunc-
tonary in whom alone the law had reposed the right
TO Judge when, in the recess of Congress the De
poss should be removed. Such was Mr.. Taney's
first entrance upon the National arena and such
the plioncy which won him bis present position of
Chief Justice of the United States
In February last, Mr. Francis c. TresdweI,
q counselor Of bis court presented to Judge
fancy afidaVit,, charging certain eminent citizens
aud functiOnares with treason against the United
States, and demanded their arrest aud commit
ment accordingly. Judge fancy utterly refused
to do his sworn duty in tho premises. Being
himself the confidential friend and ally Of The
traitors, he would do nothing to interfere with
their plane, but accorded TO them the fullest in
punity.
At length, tie tables are turned Gen. Cad
waader, in pursuance of instructions from tie
President arrests ono Of these traitors. who had
actively assisted in breaking down and burning
the bridges on the Philadelphia and Baltimore
Reroad expressly and avowedly TO pro7eat
loyal militia Fastening to the defense Of the Chpi.
tai of tho United States, thus cut of from al
communication with the loyal states and exposed
to imminent assault AID capture by the
traitors gathering in Virginia for that eE'
press purpose. NOp our torpid OctOgeDbriaD,
who could not hear a complaint for treason
three little months before, wakes up TO
pretcrDatural activity in favor of his imperled
fellow traitor lie eagerly grants q habeas
corpus, and that being politely resisted, he puts
forth an Opinion as full Of aid and comfort for
the traitors generally as On egg is of meat.
The gst of ii is that Congress alone can suspend
the icra Of haJtas corpus, 90 that, from TIE It'll
Of March Of each alternate year to the LIST Of
December following treason has full swing, aud
may raise armies and use them for the over.
throw Of the Republic with perfect impunity
We beg tue Chief Justice 10 sec wha! Con-
gross itsef has decided on this point in It's &c
ton refundng tho fine imposed on Gen. Jackson
at New. Orleans BY Judge Hall Of the Federal
Court If Judge fancy is right, Congress dis
gracefully surrendered its own powers in that
vote, and betrayed one of the most precious
trusts repOsed in it by the Constitution. For
Gen. Jackson not only defed Judge Halls
haJsas corpus, but arrested, imprisoned and ban
ished him for issuing it. And Congress, on the
argument Of Stephen A. Douglas, himself law
yer and Judge, decided that Gen. Jackson did
right.
We difsree with Gen. Jackson, with 30 -
Douglas, with Congress, on a poiE. 81. 81 49,
ply We hold that tho danger had passed away
by the rout aud fight Of the British, and that
the imprisonment Of Judge Hall was an unneccs-
sary aud therefore tyTannical act. The Bri,ith
lad sbsconded On the 18th OF January, while
Gen. Jackson's arrest aud banishiaent Of judge
Hall did not take place till March. when there
was no enemy within thousand miles-when, il
fact, peace had been negotiated for three mouths
though not yet surely known at Now-Orleans.
On this ground, we hold jackson wrong 10 the
premises bat that he had perfect right to sns-
pend the haIlds corpus while w-orlcans was
threatened by formidable enemy, we never sup.
posed had been doubted ill We read Judge
Taney's opinion If he had not we may as well
give up tho American Republic as a suicidal
failure; since traitors have only to secure one
Federal Judge TO their interest and plan their
outbreak to take place just after the dissolution OF
Congress, and they can paralyze the Government
and thus render the loyalty Of three-iourths Of
the people Of no practical avail. But no one
who il not q traitor at heart can even affect 10
believe one word Of this. In the presence Of so
formidable a rebellion as the Union now con-
fronts, suspension OF the hob,as corpus is
matter OF course. If Congress ~as In session,
it would be voted at once in tho recess OF Con.
gress, the President can suspend it, 50 eau any
commanding general. The safety Of the Repub-
lic is the supreme law, IA traitors whether of
tie fighting or the pettifogsing genus, VIII lnd
TO their cost.
PRESIDENT LsNCOLN's BLOCKADE.