The sun. [volume] (New York [N.Y.]) 1833-1916, 1861-08-01
THE NEW YORK SUN.
gruRsDAr MORNING, AUGUST 1, 1861.


Judge Bars. u tas u. 8. District Curt,
yesterday disebsrgsd the writ Of hIbep corpus
IN ths css, Ct McoUnLAu upon 'tSs endors'-
tnsrs On ths wi. By the military tfh ''r h'viag
custody o. The p Tty detained, OF the ord" OF
-0asr.i ScoTr 10 him In sf'ct that III. writ
w.s not 20 b. obsyed 10 this rssp'o'' W. DO
mot krow that 'tbs military officer" could
hsys rendered any ans yer mors cnclusivs .,
% M own courss, or mole sati.fsetory ., TO
shs svc-s1s a. Gsnsral Scorr's order 70 hia.
1hs sstgs. On hs part, did not over ss'i nate
ths eihcuity Of executing the sttaehmsnt
ssksd Tor BY the pris,psrs counsel, involving
- Il wOsid, the capture q Fort L.s.ystt. By
the Msrshsl and his deputies. Nor are We se-
cu,temse 70 pare juegmsnt on grave jadiciL CO
military questions In dispute, without reason
sbis difhdsnos. But We are b und 10 ssy that
h tbs case tho conduct Of TIE miliu,y au-
thsritie. sppssrs 10 Nc highly disresp ictful 10
Che Judiciary, and that the cour ia our opn.
Ion failed 10 sustain its dignity.
Ali heartily loyal msn-providsd hey have
common ssnes-ssrss that the "a ely OF tn
Rsy1bHc ovsr-rides, In cues Of imusd's's
extremity, ell ordinary rulss an lsw,. In.
der th's principe even tbs sutiniy o. .
writ az hobeos corpus may be disr'gsrdsd
~ any exseutivs tficer 70 whom II may
be addressed, when the publie s.sty - mol
nsrsly In his opinion but In fac sbsoiuts
" requires IL. The Consiitu ION 10 the
most forc,b,e mann.r-that " indi,-ct ssstpp
tien-r,ccsnis.s this ''highe, law o pihi'
safety, white condning the spplic, ion % It V
The case Of 'Tsb,llion or invasi,n." BIT 4
Il evident from this restriction tia ,hsra cal
be no general suspension o. the p ,wsi Of TN
writ bat only a. II relates 10 psr.ons impli
Gated In some uay 10 the diff liss Of th
right 10 assume and .x're so Q g,nSral and II
responsible power. II every pe.ty mli.ar
commaud'r may seize and hold person, q; hi
discretion, without ever explanat no man
liberty will be safe within twenty m lee Of
military poet.
We sp2r,h,nd OF course, no danger o' mill
tary usuipNtion from the pressnt A 'mioisIa
ton Indecd va are rather fcrcibly impress,
with the ny,t.rious Importance " III, pressu
cass. when our SHY Ex.eu i've go.s the IN
usual and desperate length OF staying q ms
against his will" Bat our military command
ers must not b, insolsnt. They Sd mld
careful not to 9, ce,d ordinary bounds OK
cept In extreme CASES r.lstsd directly
the reNenion, and In ssoh crss, this
should be equally careful 10 sts'e wi,
all respect, Whenever judieisuy cLl,d o
the gspsrsl grounts at least Of high publ
necessity, on which their conduct /, bs'a
that the Judiciary may bavs pr psr ground &
yislding its prsrogstivs for the time b'in
without yislcing Ia dignity or the rights q
trusted 60 its custody. The mt tives aud al
timsnts a. Jaogs Bars are no 6oabt pra's
worthy end patriotic. Bat ws cannot hi
noting that hi, coarse and its res-ons are 'h
exact medJ Of those ny which a corrupt jud
cisl tcoi wyu)d sustain the usurpa'ions OF
great parry ehIftA'n. in very elf, ront sta
ofthinss. We can have no guaran'y Of ps
sensl Liberty, bu, in the jealous v'sihnc, vi
which our judges at all lines rtq lie 20 d eau
shosn for ,vs'y ips'aucs Of rs,trsin. OF libsr
brought 10 their no'ics by c mPlatnt.