The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1861-07-13
Judge Taney and the Executive.


rantabIe and illegal act Of countermanding
United States, the ". Y. Post says:
"By section ninth of article first of that
constitution it is provided that the privilege
of the writ of habeas corpus shall not be
suspended unless whe1 in case of rebellion
or invasion the public safety may require it.
And Judge Story, in commenting upon this
provision, says the exception is reasonable,
since cases of great emergency may arise,
in which the suspension may be indspensa
bic fer the preservation of the liberties of
the county against traitors and rebels.'"
Why does the / ost withhold from its
readers the fact that Judge Story also says,
in The very article from which it quotes,
lha' the light to suspend the haJeaS corpus
"must exclusively belong to that body?"
Congress- The Constitution gives the
power to none but Congress The Presi
dent has no more right to nterter3 with the
acts Of the Supreme Court in such matter
than the Supreme Court has to appoint the
Cabinet officers of the Executive. Mr.. Lin.
coins conduct in this affair is an act of rel
helIion against the Constitutional usurpa.
ton of powers that can be lawfully exer-
cistd 10y Congress alone; and so jealous
have the people of this country been of
their freedom that Congress itself has never,
in single instance, ventured to exercise the
power. If our Senate had o, fallen into a
mere caucus Of intriguing and fauatica po'.
iticians, Mr.. Lincoln would instantly be i'm
peached on the meeting of Congress. We
have rendered Il support to the Admnistra'
tration in every Constitutional act, and we
shall continue to do so, but in its deeds f
rebellion against the Constitution and the
laws-in its usnrpation of powers that DO
not belong to the Executive, we are bound
to oppose it to the extent OF our ability.
We owe allegiance to the government Of
the United Stat s, a co.ordinnte branch Ct
which is the Supreme Court. We are lust
AS much bound to support the Supreme
Z 'nrt, AS we. are to support the Executive.
The business of an honest journalist is to
watch both, that the people may timely and
faithfully be apprised of the conduct of
those who have been entrusted with the
preservation of their freedom. The Execu
tive has no more right to interfere with a
writ Of habed$ cOrpuS issued 10y the Supreme
Court, than he has to adjourn Congress in
the midst Of its session. He has just as
much law for dispensing Congress at the
point of the bavonet. as he has for RESISTING
the Supreme Court with military force
If these things are to 90 on, the people will
have to fight again for that freedom which
WAS the price OF our fathers blood: II the
sword is to he substituted for courts Of law
If the word Of one man is to silence
judges-if the Executive is to destroy the
Judicary--ii the Constitution is to be g-
nored by those who are appropriated to adj
minister its laws--ihen all that our fathers
bequeathed to MS is lost, and we have to
,ravei over again the same fiery path they
trod, to achieve again the freedom which
they won. ". Y. Uay Book
A, the celebrated Abolition Convention
which met a, Buffalo in i843 Mr.. Chase
was chairman of the committee, which re-
ported the following resoution:--
Rcsolecd, That we hereby give it to be
distinctly understood, by this nation and the
world that as Abolilionis's, considering that
the strength of our cause lies in its righteous
ness aud our hopes for il in conformity to
the laws of Cod and our support Of the
rights Of man. we owe to the Sovereign
kuler of the Universe, AS proof of our al
legiance to iiim, in all our civil relations,
and Offices, whether as friends, citizens or
as public iunctiopslies, sworn 10 support the
Constitution of the United States, to RE
GARD and TREAT the third clause of the
instrument, whenever applied IN the case of
fugitipe siare, as UTTERLY NULL and
VOID, and consequently AS forming NO
PART Of the Constitution of the United
States, whenever we are called upon or sworn
to support it.
The author of the above is now the Sec.
retary of the Treasury in Mr.. Linco MS cab,
net. Chase then called upon God to witness
that he would disobey and despise one article
OF the Constitution Whenever called upon to
support it.
ARMY OFFICERS s-Considerabie dissats
faction exists among army officers on ac-
count of the appointment of civilians to
important military commands A petition
has lately been circulated among the officers
of two or three regiments, praying that the
practice be discontinued. Forty six names
are attached to the petition. The signers
ask whether it is right to ignore promotions,
in war time, that civilians may be made dis
tinguished. Annexed is a paragraph from
The document: There are 100 men known
to eight Subscribers Of the petition who have
grown gray as Lieutenants, nine tenths of
hem having served seven years in the field.
Can the feelings OF these men be still, when
4 citizen gust appointed demands from them
he salute of a subordinate, which he knows
not how to retusn." Nine gentlemen have
resigned since the o8th Of May, because they
we're ordered to serve under men Of no
military character.
MrNr M ,rrUpc Wa Ioarn that tho widow