New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-05-31
HABBAs CORPUS.

A good deal Of patent nonsense and latent
treason is floating through scmo OF the Journals
of this city, in regard 10 the writ OF haboas cor
pus. Lc, us anylizo it;
The Constitution OF the United States expressly
provides tbas this writ may be suspended when.
in cases OF lion invasion, the public safety
requires it. But. by the terms OF that ins'ir-
ment neither Congress nor any other depart
ment Of the Government is specifically clothed
with the authority Of determining that such ei-
aency has arisen. But this clause OF the Constr
tuition is not therefore intended to DO dead
letter. by neglectiDg Ia legislate under 1t, Con
gross has gwen high proof either that ~ 10
opinion it has nothing to do with the subject or
that tho execution Of this provision may BE- e.,
lett to some other branch Of the Government
Even so tnnd and conservative Journal "a Tie
National Inteiiigenoer admits that the President
may, in extreme cases. suspend the writ. As
that paper says:
I'M be ruled that COrue. sloBe IL empOvosdto SUSPEND
III, privilege Of hi, rr and rebellion be nHssnt vhs
Congress 10 uol session might doubtless become tie du'y Of
tho Executive sotns under DPehous pubo oecey 70
tas the responsibility ofsIeesins this high prsrossive"
During the recess Of Congress- an armed re-
bellion II the most formidable character shakes
the framework of nearly half the States OF this
Union. 1t has infected the army, the navy. the
legislature, the judiciary, the executive depart
ments; in fine, every branch Of tho Government
The danger of the entire fabric Of the Republic
going to pieces is imminent.
Generals Butler and Mcdowell, in command Of
Federal troops in Virginia, one Of the rebel
States, are engaged in the midst Of open and
secret foes in putting down this alarming con-
spiracy against Liberty and Law. Every day
traitors, rebels, spies, and scouts, are brought
into their camps They hold them as prisoners
of war. To lot them be taken out of their
hands, while the enemy, in formidable numbers
and ready to give battle, lies but few miles
away, would put to hazard the very existence Of
the troops under their command
In Virginia there is a United States District
Judge, who has not yet gone through the for
malty of resgnina his Federal Commission.
Under the laws of Congress he has the power to
issue the writ Of habeas corpus. His sympatbies
are nOtorOusly with the rebels. Now, suppose
that lust on the eve of battle at Manassas
Junction, or at the mouth Of James River this
judge should send his writs to Generals No
Dowell and Butler, requiring them to bring to
Bis bar tho prisoners whom they were obtaining
within their camps, would they not DO justified.
NAV. would it not be their imperious duty to dis
obey the writs and detan these traitors, rebels,
spies, and scouts, in defiance Of tho mandate Of
the Court But on what ground Simply
because, in their opinion, the public safety re-
CURED that tho privileges Of the writ Of hsbeas
corpus should DO suspended.
Well, if Generals Mcdowell and Butler might
thus do in Virginia, on the eve of battles in their
vicinity might not Gen. Cadwalader do the same
in Baltimore, city filed with traitors, on the eve
of a conflict at Harper's Ferry, spot closely con-
nected with that city by railway Has it not oe-
Cured TO our contemporaries that if We permit
Judges in the rebel States to embarrass the action
of our armies by Judicial process, our Generals, rs
they advance deeper and deeper into the South, will
find time to do little else than prepare and put in
answers to writs of habeas corpusi Looking to
the inevitable future if this sort Of interference IN
behalf of rebels and traitors is tolerated. we are
for meeting and striking it down at the very
threshold of the war. We trust tho Government
will not instruct our military leaders to permit
.Judges whose fidelity to the Constitution is sus-
pected TO embarrass their operations IN these peril
GUS times by attempting to conceal spies ana ta''
tors underneath their Judicial robes. Rather lot
them be encouraged in extreme cases, and when
all other remedies fail, to emulate tho example OF
Andrew jackson OF Newt nsaass