New-York daily tribune., 1861-05-30
MARTIAL LAw-HABEAs CORPUS.

Tue attempts al Judge reat, al ST. Louis, and
Judge Taur,, at Baltimore. to take traitors out
Of ihe custody vi Generals lIarpey end Codwaladrr
BY means oi the writ oi babtas corpus, tend to
bring the ermlue mto contempt with the great
body oi la, al citizens.
The appropriate sphere OF this writ is the
Courts. Ii /. out OF place IN the camp. ~ !. n
p~acr prvcrsr-u"t d ~'apou oi war. Orlgnally
intend,d to secure the liberty of loyal m'n Il
would be n gross pervrrsion Of lie powers L"
empl,y It as the protecting-shleld Ut rebel. Ia
arms sgain.t . ConsttutiUhal GoverpIn~nt
kuowing how oft tie throne bBd the b~pch hai
conspitrd D. cru.h the hberIie. of tie snijrct
our fathers prcserved thus ancient mnniueit Oi
Frredom by Il SPECIAL provision "f the Conetitu-
tor. But, at the same time, they dId not ial 4"
guard against the abuses to which it might be
cub. .ected by arbitrary or dhloyal jude. They,
therefore, also provided TINT the ~ril might he
Suspended, when. in cos-s "i rebellion or INVASION,
tue public sa'ety required I.
Thus far, aa is cieor. Iiut who is to deter
mine wben case. do arise which will justify is
suspension IL VIII bs noted that the Cons'itu
ton does not specifically settle this question.
Cougrrss, doubtless, III ght pass n law on ibi.
subject. But. 1t is remarkable fact that IT
never has rsisluted upon it. The occasl"hs men
toned in the Constitution, as authorizing the
suspenslon of the writ, plainly sh"w that Con.
pr-,, 10 not tn b- the exclusive judge If their
occurlen e. They are rebrilon und invas,'n
Now, rebellion aud INVASION al the Inost iornlld-
hftrf flR .gissz AT
Congress The danger may bo i'Dninen'. Rebels
may be about TO take possession Of the G"verD-
mebt. Wb,n ~,zed by the military, disl"yal
Judges my deliver them out Of ts hand BY
means Of tlis writ. But Congress. canuot be
convened in season TO authorize ts suspension
Doe, the Constitution leave the Government ut
the mercy OF such conspiracy
The exgrDcirs which will justify the suspeD-
,iou of the writ arc not of u kind 10 be dealt
with b, Legislatures aud Courts. Rebellion can
uot b. oyerthrown BY reading Il bill three times
IN lrsi,IaIi,e hall. luvasiop csubOt DO beaten
back by Issuing parchment. bearing the seal Uf
n Court. The eue must DO crushed. and the
other r~pelIed BY the laud and uaval forces If
tho Government. Hence. az general rule, Lrg.
ulutors aud Judges are not N decide "hen Tho
public .afrty r.qu res that this writ shall be held
in abe, ance, but ratbrr tho-e whose duty 1t ID
to suppress rebellion aud resist invasion.
Iho su,pension Of this wit 10 an act Vt mar
tial law. An eminent publlcist deiiues this nlys-
ferrous code to be, the law Of war, ia coutinds-
tIuction ~ the law oi peace. In time Vi war,
IN order to guard again,t dangers that may
=. suddenly arise, the ruler OF the Stat~, or u
military chieitaIn within his own province, may
exercise arbitrary poSer, bis word tcpg law"
The writer also d.,larrs That the exercise OF
martial law heed not necessarily be prrceded by
a written proclamation, but, # tho occasion ro-'
ouiie, may bo AM Ounc.d ON tho Instant, by roll
uf dru Or .ound Of bugr.
The arrest Of Mcdonald, at st. Louis, and
Merr, man, ut Baltimore, Was done virtually un-
der martial law. The attempt to rrscue them
by wrt Of habtas corpus was wholly unnecessary,
aud eInuently unpatriotic. No Judge whore h'nrt
was loyal to tho Constitution would have gwen
su. h aid and comfort to public enuues. by 70
tusilQ 10 obey the writ, Generals Harvey and
Cndw ulader, acting under tho authority Of the
CoumuIds r-in.C Chef decided that, in those cases,
,n. public safety reqIn ed its suspension. Tnry
had the pow or 81 ~ decide. They took the re-
spohsibility Of exercising 1t.
Pass,pp ever tue case Of Mcdonald, and con-
6nlug ourselves to thGt Of Mtrryuan, we thlnk
The country will say that Gen. Cudwulader de-
cided wisely. We hope he viii standby tuIs
dsclsios. Lot there be no alnchiDg VI biz part