New-York daily tribune., 1861-10-31
To The Associated Pres.
WASHINGTON, Wednesday, Oct. 30, leel.
THE HABEAS CORPUS CASE,

10 tbe Assoc1eteo Press
WAsHrSGToS. Wednesday, Oct. 30, lsel.
THE HABEAS CORPUS CASE.
Deputy Marshal Philips represented to the Cir
euit Court to day that be did not serve the rule
issued by that body the 22d instant to be served
on Gen. Andrew Porter, Provost Marshal for the
District of Columbia because be was ordered by the
President of the United States not to the same
and TO report to the Court that the privilege Of the
wit of habeas corpus had been suspended for the
present. by order of the President in regard 10 the
soldiers of the army Of the United States within the
District.
The Deputy Marshal respectfully diselaims all in
ton to dsobey or treat with disrespect the orders
Of The CoG:t.
/. Chief Justice Dunlop delivered an opinion to the
Court, as follows:
Rule to show cause against Gen. Andrew Porter,
Provost Marshal Of the District Of Columbia, why
an attachment of contempt Of Court, issued against
him for Obsuucting the process Of this Court, an
the administration Of justice under II.
The return made by Deputy Marshal Pbilhps,on the
och Of October we will order 10 be filed, though we
do not doubt our power 70 regard ii ss insufficient in
law. and TO proceed against tue officer who has made
+. The existing condition Of the country makes 1t
plain that that officer is poweress against the vast
military force of tie Executive, subject 10 his VIII
and order rs CommandeI-in-CLief Of the army and
navy Of the United States.
Assuming the verify Of the return, which has been
made on OATH the presented is without Paraiie
in the Judicial history Of the United States, ana in
wolves the free action and efficiency Of the Judges OF
this country. The President, charged by the Const-
tuition TO take care that the laws be executed, has
seen fit to arrest the process OF this Cou ana 10 lOf'
bid the Deputy Marshal 10 execute 1t.
II does not involve merely ibe question OF the
mower Of the Executive in civil war 10 suspend the
great writ OF freedom, the babeas corpus.
When this rule was ordered, to give efficiency 70
,hst writ 10 notice had been given by the President
10 the Courts or the country Of such suspension here
uovy frat announced to US, and 1t Will hardly De
maintained that the Suspension could retrospective
The rule in this case, therefore, whatever may be
the Presidents power over the writ Of habeas cor
pus, wa. lawfully ordered, ss well as the writ on
which il was founded. The facts ou which the rule
was ordered by the Court are assumed TO be true as
respects the President, because the PfesideHt had
them before him and has not denied them, but Tor
bade the Deputy Marshal to serve the rule on Gen.
Andrew Porter.
The President, we think, assumes the responsible
..es of the acts Of Gen. Porter set forth in the rule
and sanctions them by bis order TO Deputy Marsha
Pbiips, not to serve tue process onihe Proyost Mar
shall. The issue ought 10 be, and 1t 10, wlin tO'
President; and we have no physical power 10 en-
force the lawful process Of the Court on bis military
snbordnates. Against the Pnsdents prolioiloi
we have exhausted every pr ctieabie remeoy 10 up
4 hold the lawful snthorities Of this Court.
II is therefore ordered this 30th day OF October
that this opinion of the Court be fled by the Clerk
and made pant Of tie record as expannathe grounds
on which We now decide not TO order any furthei
proceedings in this case.
Associate Judge Marshall said. As member
this Court, and on its behalf, 1 wish it underltOo(
that, notwithstanding the blow leveled at tbi'
Court, do distinctly assert the following Prncl
pies:
First; That the law in this country Knows NJ
superior.
Second, That the supremacy Of the civil authority
the military cannot be deniedi that it has been
established by tue abIest jurists, aud believe recog
zed and respected by the Great Father Of the coun
3 Try during the Revolutionary war;
nrd; That the Court ought TO be respected by
every one as the guardian of the personal liberty Of
the citizen in giving ready and effectusl aid by that
most valuable means, the writ Of habeas corpus
Fourth therefore respectfully protest agsinst
the right claimed interrupt the proceedings in this
case.
-. DEATH OF PRIVATE RUST.
Pn'ate Il. Rnst, member Of Company Of tho
de '.alb Regiment Of New York, died in camp yes.
4 te' ay.
THE PUBLICATION OF ARMY ORDERS.
Gen. Mcclellan complains that the copying clerks
u tho War Department, or other persons. have
gwen the newspaper reporters Unauthorized copies
o. military orders issued from the headquarters Of
the army Of the Potomac.
'hers Is undoubtedly some ground for just CON-