The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1861-06-14

ute OF Charles III. was enacted, but to cIt of
} the abuses by which the Governments lust o
power, and the serve subtlety of Crown law.
, yrrs, had impaired so fundamental privilege
5 While the value set upon this writ in Eng
land has been so great that the removal Of the
abuses which embarrassed tS enjoyments have
been looked upon as almost a new grant of lib
erty 10 the subject, II IS not to be wondered al
that the continuance OF the writ thus made effec-
tive should have been the subject of the most
jealous care. Accordingly, 90 power in Eng
land short OF that of Parliament canIsuspeGd or
authorize the suspension of the writ Of habeuS
corpus. quote again from Blackstone(l
Comm, 1865 " But the happiness OF our Con-
stituton is that it is not left to the Executive
power 10 determine when the danger of the
State is so great as to render this measure ex-
pedient. 1t is the Parliament ony'or legisla-
tive power that whenever it sees proper, can
authorize ihe Crown by suspendIng the habeas
corpus for short and limited time, 10 imprI-
son suspected persons without giving any rea-
son for so doing" And ifthe President of the
! United States may suspend the writ, then the
| Constitution OF the Uuted States has conferred
upon him more regal and absolute power over
the liberty OF the citizen than the people of
! England have thought it safe to entrust to the
| Crown-a power which the Queen of Eng
| land cannot exercise at this day, aud which
could not have been lawfully exercised by the
sovereign even in the reign OF Charles the
| FIRST.
But am not left to form my judgment upon
this great question from analogies between the
! Eoglish Government and our own, or the COM
menlares of English jurists, or the decisions OF
English courts, although upon this subject they
are entitled to the highest respect, and are Just
Jy regarded and received as authoritative by
our courts of justice. To guide me to a right
conclusion, ! have the commentaries On the
Constitution of the United States OF the late
Mr.. Justice Story, not only one of the most en-
inent jurists of the age, but .or long time one
OF The brightest ornaments or the Supreme
Court of the United States and also the clear
and authoritative decision of that Court itself
given more than halt a century since, and con-
cusively establishing the principles / have
above stated.
Mr.. Justice Story, speaking in his Commen-
tarles OF the habeas corpus clause in the Consti
tuition, says:
sit is obvious that cases OF peculiar eaer-
geuCy may arise ~tlIUtr rnay jua'if.s "ay, e-s~
require the temporary suspension of any right
to the writ. But as it has frequently happened
that the writ has, upon various pretexts and oc-
casions, been suspended, whereby persons appre-
hended upon supicIon have suffered long i'm
prisonment, sometimes from design, and
sometimes because they were forgotten, the
right TO suspend it is expressly confined to cases
OF rebellion or invasion, where the public safe
ty may require it. A very just and wholesome
restraint, which cuts down al blow fruitful
Of of bajD abu ucad
bad times to the worst of purposes. Hitherto
no suspension of the writ has ever been auth
orized by Congress since the establishment OF
the Constitution. 1t would seem, as the pow
er Is given to Congress to suspend the writ OF
habeds corpus in cases OF rebellion or invasion,
that the right 10 judge whether the exigency
had arisen must exclusively belong to that
body" 3Story'S Com, on the Constitution,
section /, $50. :
And Chief Juctice Mars hall, in delivering
the opinion Of the Supreme Court in the case of
sr parte Bolman and Swartwout, uses this de-
cisive language in Cranch 95 It NAV be
worthy of remark that this act speaking OF
the one under which ] am proceeding) was
passed by the first Congress of the Unitqd States
sitting under Constitution which had declared
Hthat the privilege of the writ OF habeas corpus
OF rebellion or invasion the public safety might
require it," Acting under the Immediate ln-
auence OF this injunction, they must have felt,
with peculiar force, the obligation of provid-
ing efficient means by which this great consti-
lutoual privilege should receive HE and ac-
tivlty; for the means be not in existence, the
privilege itself would be lost, although TO law
for ITS suspension should be enacted Under
the impression Of this obligation they give to
all the Courts the power of awarding writs OF
habeas corpus.
And again, IN page 1O1:
'If at any time the public safety should re-
quire the suspension of the powers vested by
this act IN the courts of the United States, il is
for the Legislature to say so. That question
depends on political considerations, on which
the Legislature is to decide. Until the Legis-
latve will be expressed, this court can only
see its duty, and must obey the laws"
can add nothing to these clear and emphat-
lc words of my great predecessor.
But the documents before me show that the
military authority in this case has gone far be-
| yond the mere suspension of the privilege of
the writ Of habeaS corpas. II has, by force of
arms, thrust aside the judicial authorities and
officers 10 whom the Constitution has confded
the power and duty of interpreting and admin
isterng the laws, and substituted a mill
tary government in its place, TO be admins
tered and executed by military officers, for at
the time these proceedings were had against
John Merryman, the District Judge OF Mary
land, the Commissioner appointed under the
act OF Congress, the District Attorney and the
Marshal, all resided in the city OF Baltimore, a
few miles only from the home of the prison.
| LIZ, Ia that Lima h.I