The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-06-29

.fcree, q being Ia ayowed hostili,, !. \,
government. and IN readiness ~ ~
rate with those engaged IN ~. rs sspe.
, Z, !, against the government y m.
He has further 20 inform yon. ~. 4
y duly authorized by the Preside, y y. -
United States, 10 such case ~ .,, y. y.
the writ Aabsas corpus. for ~ ~. ssa
safety This Is a high and ,lelira,s 49, 49,.
and Y has been enjoined upon m. 49,
y shoald he executed with jndRmen, ~, 49,
discretion, but he Is hevert6eless ~ i. ~ ].
structed that 10 times 81 civil 800.
errors, Il any, shouId be on The "a.
safety 70 the country. Ri N IA. ~ y !.
He most respectable shbmits * ". -
consideration that those who sl,onids -. 4.
operate ~ the present trying and psiai.I
position IN which onr country Is piss.I
should not BY reasons Of aaf noaeee.s..s
want OF confidence ID each Other. jnr,..sL
our cnIbarrlssInents. He thersfcs. ~
specially requests that yon vim pos,no y
further action upon tile case until ~ ~.
receive instructions from the prcs;ds,, :,
the United Statss, when You shan w.,
further from him I huye The honor ~, !.
be, with high respect, n ''''' ~ -
Your obi servant, ... 81.
GEo. UADWALADrR,
/ AL. Brevet Major.G General .5,
"a. . Y s. A Commandinv
/ The New York Hofa Il r,,;.,,s.
Judge Taneys course in the M.r,,m.., !.
case, maintains moderate tone N.
quote: ~ |. 1
The written statement read " eb;.s
Justice TaneY, in the United States 81.
cut Court, OF Baltimore, Yesterday v;,..
TO the questioned The Suspension y n 4 A.
privilege Of the writ If katvas corpr, i.
certain cases. the prominence which uatr.
rally belongs to the opinion Of The head
81 the Supreme Court ii matter which
so nearly concerns the public welfare. y.
We suppose that no Judge who haa power
no graft n writ Of hd6eds corpus Al Iii hsa
any option when . proper application /.
IHade. II IS his clear duty 10 gran, Il 4 I
favor Of any party within the jurisdiction
Of bis court, The legality Of whose rs.
Eprisopment has not already been deter.
mined; But we suppose that ii 4 tim. n
Egfedt public danger military commander
| tllIst use his own discretion in regard X
military eSigeBcies; and alihoueh a iplre
may protest, as Chief Justice Taney hss
done, agaihst the Disregard d bis man.
date, military necessity must prevail over
the ordinary course OF legal proceedings.
I a refusal 10 obey the writ Of Aabsas sos.
/ pasi " hen its suspension has not been an
ltllofized by Congress, is Of course Illegal:
fthe only questions is, whether the public
texigcncy il Sufficient 20 justify ii, and eaca
case must depend for its justiGca:ien on
its own peculiar circumstances h
II the telegraph has correctly rtpsrl.
led JndEe HntJ1s closing remarks. the
tQne which lie assumes toward the Prest
/ deGt is ~ least tncalyed for and Id bad
| taste: rheTe viii, u coarse, lie ne impre
Epriety il his sending copy Of his opinion
/ 10 the President; but when he gives pub
lie notice thai he is gong TO call upOs
him to perform his constitutional duty, hs
yiokilts the lleC1fInn which ought 10
regulate the bearing Of the Grst judicial
officer Jf the government toward It's ffss
executive officer ? 49, a,3ss. ss.i}l
The n. Y: Tribune Is BY no means y
coneiliatory III its: tone; II says: .z.5s.
That Gen. CadRalndcr' answer ,oths
writ Of ha6eas corpus, so unnecessarily aud
unwarraltu6ly issued, proves him 10 b.
both . IaMytr and d patriot His rebsks
oil the hoary apologisi for crime. BY telling
him that lhose who should cooperate n
the present trying aud painful position ".
(which our country Is placed, should moi.
| by reason of any unnecessary want Of cor.
.hdunee in each other, increase our embat.
rasstuents,lis singing, and would peae.
ftfate a less hardened bosom than that q
Roger u. Taney. ..5:s.
The Chief Justice OF the United
States, sworn 10 support tie Consultation,
instead Of coming forward 10 sustain those
who are eHdeayoring to uphold il IN this
trying emergency, takes sides with traitofs
who are exerting every energy 10 subEert
il, throwing around them the sheltering
protection 81 the ermile. NJ: ..' NJ ;:
Let us cite. an historic precedent q.
lnliiaF TO the country. In the war Of
lSI2l5. when Gen. jackson was the
military commander Of Newt Orleans an
iusurrertion against bis authority was
gaining headwdy He, ike CadKalader,
refused. in a parallel case TO obey the
writ Of hatests corpus issued BY ono
Judge Hall. Thereupon Hall, like
fancy, issued his warrant TO arrest
jackson for contempt Of court. Where
upon Jackson put Hall in prison;
aud having thus disposed Of him., went
cut aud won the gictvry Of New Orleans,
The Iti6uns then concludes With This
flourish. So RS s<:. y s.$4
When Treason stalks abroad 10 arms,
let decrepit judges give place 10 men capa.
bic Of detecting aud crushing ii.