Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-06-07

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d ry,r been aiho'tird hy Congress rurrr Ia
e-,,',il,hmrr, ,r ''- Constitutions |, wont
secun, as thc powrr y gwen to Congress I.
suspend The writ "f k0J,, r"rI.us N cases %
rcheiiirn "r INVASION. that The right Ia luI:,
whether he ,N.crCy nai arisen must ,xclu
si.rly lrlorg to that body ; S:ory'S Com
or tie Constitution, section s3''.
And Chief Justice Marshall, in dclvc-in.
the opinion "f the Supreme Court III the CAB,
Of er parte BoIlman and s;warlwout, uses thu
decisive language in ! Cranch, %:
1t may be worthy of remark, that ti.i:
az: speaking ol The onc under which
am proceeding! was passed hy t!r iirs
Congress u' the United States silliG.
uu,irr u Con- s:itu.!sn which had declared TIA
the privilege oi the writ Of hajenS rcrpH
should uOl br suspended. unless, when, in ca
scs OF rebellion " ln"asIon, the public safety
m: :hl require il. Acting under the immcdi
ate influences Of this ;njuact.on. they musl
have iei;, with peculiar force, the obligation O
providing efficient means hy which this grca;
constitutional privilege shoald receive life anG
ACTIVITY; iGr if the means be not in exstcicc
The ,,riy!icy" itself would bc lost, although NJ
law for lis suspension should he ENACTED. Tn
der the impression, Of this obligation they give
to all tie courts, the power OF awarding w:i;s
Of hadeds c0%rus.
And again, in page lul
III at any time the public safety should re.
Quirc the suspension Of the powers vested by
this oct in the courts Of the United States, It
is for the Legislature TO Say So. That question
depends On political considerations, on which
the Legislature is TO decide Cntil the LegiS.
laiirc will be expressed, this court can only
sec is Luty, and must Obey the laws
| can adj nothing to these clear and eupha-
TIC words oi my great predecessor.
bu; the documents before me show that the
military authority in this case has gone far
beyond the mere suspension Of the privilege CT
hc writ Of habeaS corpus. 1t has. by force Of
arms. thrust aside the Judicial authorities an'.
G.licvrS 10 whom the Constitution has coatidcG
the power a:i duiy 9! Interpreting and a,!.
n!n steriug thc Laws. and substituted military
government in It's place. 10 bc adminISttreda9d
executed by military officers. For, II the time
ii,csc proceedings were had against John Mcr.
r. nar, the District Judge If Maryland, the
Commissioner APPOINTED under the act OF Con
.re:s-thc District Attorney and the Marshall
Mi reS!,lrd in The CITY Of Baltimore, few miles
only from the home Of the prisoner. Up 10
that time there had never been the slightest re-
Si:ta1ce or obstruction 10 the process OF any
cG::rt on judicial officer of the United States in
Maryland, except by the military authority.
And If 4 military Cilicer, or ahy other person,
had reason to hccvc that the prisoner had
committed any Cilence against the laws oI the
| United States it was his duty to give
| Information Of the fact, and the evidence 10
suppor. it, to H. District Attorney; and it
would then have become the duty Of that cti-
Ger to bring the matter before the District
Judge or Commissioner. and if there vas sui-
cicnt legal er::encc to justify his arrest, the
Judge or Commissioner would hare issued his
| warrant 10 the Marshal 10 arrest him; and
upon the hearing OF the party would have hcid
him to bail or committed him for trial accord
! ing to the ckeresSS,e- cf tho offence as it ap-
pearcd in the testimony, or would have dis
charged him Immediately if there was not suf-
ticent evidence 10 support the accusation
There was no danger of any obstruction or
resistance To the action of the civil authorities
and therefore no reason whatever for the in
tcrposition Of the military. And yet under
| -, a ctnt poI
in PENNSYLVANIA, without giving any inlo-aa-
! ton TO the District Attorney, and without anv
! Application to the judicial authorities, assumes
tn himself the Judicial power in the District Of
| Mary land, undertakes TO decide what constl-
tu.cS the crime rf treason or rebellion, what
evidence Of, indeed. he required ANY, is sui.
licirnt to support the accusation and Justify
the commitment, and commits the party, with.
out ha"inS hearing c"en before himself, to
close custody in L strongly garrisoned fort,
to be there held, it would seem, during the
pleasure Of those who committed him.
Tnr Constitution provides as have before
said, t!las mo person shall be deprived G: lie,
liberty or property, without due process q
law" 1t declares that "the right of the pco-
pie to be secure in their persons, houses, pa.
pcrs and effects, against unreasonable searches
and seizures, shall not be violated, and no
warrant shall issue, but upon probable cause,
supported by cath or affirmation, and particu'
lslls describing HE place to be searched, and
tie person or Things 10 be seiZeh." II provides
that the party accused shall be entitled to n
speedy trial, III Il court of justice.
And these .rcat and fundamental laws which
Congress Itself could not suspend, have been
d,sreyardcd and suspended, like the writ OF
hGJeus corpus by military order, supported
by force Of arUiS. Such is :he case row before
me, ard [ can only say that, il the authority
which tie Constitution has coaidra to the
judiciary Gepai tment and judiciary officers. may
thus, upon any preteXt or under any clrcu:n-
STAGES, be uSuTped by the military poTef Ht
its discretion, the people Of the United STATES
are 10 longer l:ring under government OF
laws. but every citizen holds life, liberty and
properly Mt the will and pleasure Of the army
GI.icer in whose military district he may nap
pen TO be found.
In such case my duty HaS too plain % DC
mistaken. have exercised all the power
which the Constitution and laws confer on me,
but that power has been resisted oy i0rcc too
strong for Inc 10 overcome. II IS possible that
the officer whv has incurred this grave reSpon-
sibilitv, mag have misunderstood his lnstruc
tunS, ana exceeded the authority iHteHueO "
be given Lim. shall. therefore, order all the
proceedings III this case, with my opinion, to
be liad and recorded in tue Circuit Court Of
the Unitcd States for the District Of Maryland,
and direct the Clerk to transmit copy, under
seal. to the President Of the United States II
viii then remain for that nigh officer, in futil
ncut Of bis constitutional obligation, 70 ''t.ke
care that the laws be faithfully executed" 70
determine wha; mcasuresi>e will take to cause
the civil process Of the United States to be
respected and enforced
T. 3. TANEY, Chief Justice
Uc the SUrrclnc Court Of the United STATES.
Tile report that the United States troops had
taken possession Of Martinaburg is contra
dic.ed by Il gentleman who came over The ROAD
| T,,,si.r