Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-06-01


live his elimination, to be the reluctant
witness of his W decline? Peace to his
memory; and may his faults be forgotten.
he had qualities which attached men to him.
No man had stronger friends or more devoted
admirers, and in their hearts he will, though
dead, long survive.
The Commercial IndOrses Judge Tauey,
and Condemns the Government.
The Commercial is Of the opinion that
General Cadwalsder was guilty of a stretch
of power in refusing to deliver up John Mer-
riman, in compliance with the writ of hGbeos
corpus issued by Mt. Chief Justice fancy.
As General Cadwaladsr declared himself to
be acting in obedience to authority, derived
from the President, the Commercials charge
Of stretching of power applies to the latter,
rather than TO the officer who was the instru-
ment only by which the authority was exer.
cised. Mr.. Lincoln, therefore, virtually stands
charged by the Commercial with the usurpa-
hon Of power that does not belong to him.
1t is q pity that the Conmercial-which is
dull upon the subject to the measure of a
column-could not afford to give something
in the form of reason or authority for what,
under the circumEtances-coming from an
l Administration ~journal-is so weighty a
charge. As reason and authority, however,
are articles in which the Commercial is
known to deal but s~paringly, this omission
Is more a matter of regret than of surprise.
Had Chief Justice fancy been q man of
sense and discretion-a true friend of the
Government, and sincerely DESTROYS TO give
i his aid, in these trying times, he would at
least have been willing to comply with the
request of General CadwAlader, and post
pone farther action in the case until the
President had been consulted. So far from
Doing this, be seemed anxious to precipitate
matters, and to get up q quarrel between
the civil and the military authority as soon
rs possible. The circumstances show that
be was forward to intermix himself in the
Afair-knowing that. in that particular To-
cality, more than any. where else, he could
embarrass the Government, by exciting pop
nlar Jealousy, and thus, perhaps, prepare the
way for serious civic disturbances.
The President, besides being the first civil
Magistrate, is official COMMANDMENTS Chief of
Rhe army; and upon him the responsibility
b take care of the Republic ultimately rests.
n him and in those whom he deputies, ifany-
Fhere, is vested the power to declare martial
hw, and suspend the action of the writ of
nbsas corpus. '1n cases of rebellion or in
aston" there is no limit to this power but
his own discretion, founded upon his opin-
pms Of what "the public safety may require"
citing through one of the superior officers
the army, located in a city which is kept
b order solely by the presence of an over
lowering military force, he has seen fit to
nspend the ha6sas corpus; and this, in q
urnal that enjoys the Government patron
Be, and is received as an organ of the party
~ which the President was elected, is de-
punced as an act of ~usurpation.
Had the Government exhibited q DISPOSE
on to play a ~tyrannical part-had the
pizures been numerous, or upon slight and
sufficient causes-had the treatment of
Fisoners been cruel, or the conduct of the
pmmsnder. in Chief or his officers over
aring-had there even been shown any
- ant of respect for the institutions of the
puntry, or desire to exalt the military over
. civil power, there might have been some
use for the Commercials structures. Az Il
there is none; and they simply show the
riter's ignorance Of the law, and his in
2pacity 70 grasp and comprehend the bear
& of the facts which the Government in
bese most trying e~Xigsnces, is required 70
Get.
The Commercial If we are to judge from
e documents which It copies, and the
sneral terms in which it expresses it
pinion Of the acts Of General OadwalAder,
srees with the Chief Justice in the follow.
- propositions;
!. The President under the Constitution
ID laws of the United States, can not sus-
nd the privilege Of the writ Of habeal
gPHs, or authorize any military officer x
b so.
40. A military officer has no right 10 ares
detain q person subject 10 the rules and
Fticles Of war, for an offense against the
VS. Of the United Statea sxcePs In and o.
D Judicial authority, and subject 80 its con
BIZ; and II the party Is arrested By the mill
~, Il is the duty Of the ohieer to deliveI
m over Immediately 10 the civil authority
be dealt with according to law
From thirit follows that in order to pos
IS the necessary authority TO capture o.
he prisoners persons in rebellion agains
3 laws and Government the President Ant
Generals Colonies, Captains, Corporal
"a soldiers must 90 armed with civil pro
d, issuing from the offices Of the Clerks 0
! Courts Of The several districts whore tn
AitOrs areoarrying on their operations duIl
lied and authenticated; aud that Whsl
y prisoners are taken, II win be the dut!
their captions to deliver them over to tn
urts Of the. United States district whsr'
y are captured, ITO be dealt with accord
10 law" W. do not understand that Their,
heeording 10 this authority, any difference
tween persons captured "a, the ranks 0
rebel army, and those captured ont Of II
ey must all be arrested Is other peopl
arrested BY virtue Of writs previously