Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-06-12
From the New York Journal Of Commerce
Habeas Corpus.

The sacredness of the writ of Habeas Corpus
has been brought into question lately, in two in
stances. In st. Louis, Judge Treat, of the Dis
trict Court, issued a writ to Captain Lyon, COM
manding the body of Captain Mcdonald to he
brought before him. Captain Lyon seems to have
appeared by counsel and taken preliminary OBJ
lection to the jurisdiction of the Judge, and his
right to issue the writ. This point has been ar
gued, and the Judge has decided that he has ju-
risdiction. The next step, it is supposed, will be
quiet obedience to the writ, and calm discussion
of the question as to the right of Captain Lyon
to retain Captain Mcdonald a prisoner The
result will probably depend upon the decision of
the question whether there is an existing war, and
the Captain is prisoner of war, (in which case
the military authorities will hold him. or whether
he is arrested for civil offense, such as treason,
in which case he must be regularly held under
warrant issued by competent civil authority.
Thus far the course of both Judge and soldier in
Missouri seems to have been legal and proper.
But the Baltimore case presents a far more seri-
Gus aspect. Serious, because in il we perceive a
collision between the law as it stands recorded,
and its sworn administrators, and because we find
Northern newspapers fercely advocating the
trampling on the laws and their absolute des-
truction by the men who are in arms professedy
to support them.
The Chief Justice of the Supreme Court of the
as corpus to Gen. Cadwallader, in command of
the troops stationed at Baltimore, requiring the
production before him of John Merriman alleged
| to be held illegally in custody. Who Merrinan
is, we know not. The Tribune says he is, "be-
yond all question, n traitor of the deepest dye"
and according to the established rule hereabouts
| with reference to men whom the Tribune charges
as traitors, We are bound to believe him a
good Union man, and innocent of any thought of
| crime.
| But who he is, or what he is, matters nothing
now. He is a prisoner, and he applies by peti-
ton to Judge Taney, of the United States Su
preme Court, for writ to bring his body into
| Court, that it may be inquired whether he is a
prisoner of the law, of lawless force. The
Judge issued the writ |; the General disregarded
it, and we understand has applied TO the Presi-
| dent of the United States for instructions in the
premises, and the President has the matter under
| advisement.
We supposeAo one needs to be told that if Mer-
| riman has been guilty of treason in MARYLAND he
| can only be arrested on due warrant-can only be
tried on indictment found by grand jury in Ma.
ryland-can only be convicted by the testimony
of two witnesses, and that he must be tried in
Maryland. If he is legally in custody therefore
it must be on some warrant.
The writ of habcds corpus is the great bulwark
of freedom. The words seem trite, but the truth
is a solemn one. The people of England early
learned to regard it their grand defense agains,
| the tyranny of Government mobiles; and as il
became part Of the common law of England, i!
was more and more respected and cherished. In
America, the question whether the common law
of England was the law of this entire country
might have led to some doubts on the subject OF
this great writ of right, had it been that the
founders of the Government deemed it so impor
tant to the protection of the citizen, that they
placed it in the Constitution ITSELF and provided
that "de priuilege of the wrt Of habcas corpu,
shall not be suspended unless rhen, in cases Of re-
bellion inUasion, the public safety may requir,
it,"
The operation of the writ is very simple
Whenever and wherever a man, woman or child
is imprisoned or detained by force, Judge, on
the petition of the prisoner or of friend of tn,
prisoner issues the writ of habeas corpus directeJ
to the person who holds the prisoner, requiring
that the prisoner be brought before him and the
cause of his detention or Imprisonment made
known. If it appears that the Imprisonment is le
gal and proper. the Judge remands the prisoner
to custody; if illegal and improper he discharge:
the prisoner and makes him free
In New York and many other States it is mad,
the duty of Judges to issue the writ of ha6cas cor
pus when applied for, and refusal is punishabl,
as serious crime. In all parts of America, j