Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-06-07

ut is obvious that cases of peculiar emer-
gency may arise which may Justify, nay, even
require the temporary Suspension Of any right TO
the writ. But as 1t has frequently happened In
foreign countries, and even 10 England, that the
writ has upon various pretexts and occasions,
been suspended. whereby persons apprehended
upon suspicion have suffered long imprison-
ment, sometimes from design, and sometimes
because they were forgotten, the right to sus-
pend II is expressly confined to cases of rebel
lion or invasion, when the public safety may re-
quire It. very just and wholesome restraint,
which cuts down at blow fruitful means Of
oppression, capable ofbeing abused in bad times
TO the worst of purposes Hitherto, no suspen-
sion Of the writ has ever been authorized by
Congress since the establishment of the Con-
stitution Itwould seem, as the power is given
to Congress to suspend the writ OF habeas corpus
10 cases OF rebellion or Invasion that the right
to judge whether the exgency had arisen must
exclusively belong to that body"-3 Story's
Com. on the Constitution, section 1886.
And Chief Justice Marshall, In delivering the
opinion Of the Supreme Court In the case Of ex
pa'te Bollman and SWartwout, uses this decisive
language. In a Crancb, IS: 1t may be worthy
OF remark that this "act (speaking of the one
under which am proceeding) was passed by
the first Congress Of the United States, sitting
under Constitution which had declared that
the privilege of the writ of ha6sas corpus should
not be suspended, unless when, in case of rebel.
lion or invasion, the public safety might REQUIRE
It Acting under the immediate influence of
this Injunction, they must have felt, with pecu
liar force, the obligation of providing eficlen,
means oy which this great constitutional priyi.
lege should receive lie and activity; for, If the
means be not 10 existence, the privilege itself
would be lost, although no law for it's suspension
should be enacted. Under the Impression of
this obligation, they gave to all the courts the
power OF awarding writs of habeas corpus"
And again, on page l0l:
"If at any time the public safety should re.
quire suspension of the powers vested by this
act in the courts Of the United States, It Ia for
the Legislature to say 30. Tha. question de-
pends upon political considerations, Oh which
the Legislature is to decide. Until the Leeisle-
tive will be expressed, this court can only se.
its duty, and must obey the laws"
can add nothing to these clear and empbatic
words OF my great predecessor.
But the documents before me chow that the
military authority in this case has gone far he
yoDd the mere suspension OF the privilege of the
writ of habeds corpus. 1t has, by force of arms,
thrust aside the judicial authorities and officers
| to whom the Constitution has copfded the now
er and duty OF interpreting and administering
the laws, and substituted military government
in it's place, to be administered ard executed BIZ
military officers, For at the time these pro,
ceedings we're had against John Merrymsr,. the
District Judge of Maryland, the Commissioner
appointed under the act Of Congress, the Dig
trict Attorney, and the Marshal, all resided in
the city OF Baltimore, few miles only from the
home OF the prisoner. Up to that time there
had never been the slightest resistance or OBJ
struction to the process of any court or judicial
officer of the United States in Maryland, except
by the military authority. And if military
officer, or any other person, had reaeon to be.
lieve that the prisoner had committed apy Of
| fence against the laws of the United States, it
was his duty to give information of the fact.
and the evidence to support it, to the District
| Attorney; and it would have become the dutv
of that officer to bring the matter before the
District Judge or Commissioner, aud if there
was sufficient legal evidence to Justify his ar
rest, the Judge or Commissioner would have is
sued his warrant to the Marshal to arrest him !;
and upon the bearing of the party, would have
held him to bail, or committed him for trial.
according to the character of the offence az IL
appeared in the testimony, or would have dis
charged him Immediately, if there was not suf
hcient evidence to support the accusation -
There was no danger OF any obstruction or re-
sstance to the action of the civil authorities.
and therefore no reason whatever for the inter-
position of the military.
And yet, under these circumstances, a mill.
tary officer, stationed in PENNSYLVANIA, without
giving any information to the District Attorney.
and without any application to the judicial au.
thorities, assumes TO himself the judicial DOW
er In the District Of Maryland; undertakes to
decide what constitutes the crime treason or re-.
bellion; what evidence Gf, indeed, be required
any) is sufficient to support the accusation, and
M iko
ty, without having hearing even before him.
self, to close custody in strongly garrisoned
fort, to be there held, it would seem, during
the pleasure of those who had committed him
The Constitution provides, as nave before
said, that "no person shsll be deprived of life,
liberty, or property without due process of law
II declares that "the right of tue people to be
secure in their persons, houses, papers and eff
fects, against unreasonable searches and
seizures, shall not be violated, and no warrant
shall issue but upon probable cause, supported
by oath or affirmation, and particularly describ-
| ing the place to be searched, and the persons
or things to be seized" 1t provides that the
party accused shall be entitled to speedy trial
in court of justice.
And these great and funda amental laws, which
Congress itself could not suspend, have been
disregarded and suspended, like the writ of Ia
beas corpus, by a military order, supported by
force of arms. Such is the case now before me,
and can only say that, if the authority which
the Constitution has conhded to the judiciary de-
partment and judicial officers may thus, upon
any pretext or under any circumstances, oe
usurped by the military power at its discretion,
the people of the United States are no longer
living under government of laws, but every
citizen holds life, liberty and property at the
will and pleasure OF the army off,er in whose
military district he may happen to be found.
In suoh case, my duty was too p,sin to be
mistaken. l have exercised all the power which
the Constitution and laws confer on me, but that
power has been resisted by force too strong for
me to overcome. II Is possible that the officer
who has incurred this grave responsibility may
have misunderstood his instructions, and ex-
ceeded the authority intended to be given him
shall therefore, order all the proceedings In
this case, with my opinion, to be fled and re-
corded In the Circuit Court of the United States
for the District of Maryland. and direct the
clerk to transmit copy, uuder seal, to the
President of the United States. II will then re-
main for that high officer, in fulfllment of bis
constitutional obligation, o''tAke care that the
laws be faithfully executed" to determine what
measures he will take TO cause the civil process
of the United States to be respected and en-
forced. r. B. TANEY,
Cbiei Justice Of tho Supreme Court of the
United States.
The Day. Book says: "It Is one of the "Ar
ticles Of War;" that It shall be considered death
to stop cannon ball"' p
IL = n. . - k..l