The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1861-06-14
VOL. A. NO. A.

0'oVi PeISoHS uau reason 10 oeiieVe that the
prisoner had committed any offences against
the laws of the United States, it was his duty
to give information OF the fact, and the eyi-
denceio supportIt, to the District Attorney: and
would then have become the duty of that off,
Ger to bring the matter before the District Judge
or commissioner, and if there was sufficient le-
gal evidence to justify his arrest the judge or
Commissioner would have issued has warrant 10
the Marshal to arrest him; and upon the hear
ing OF the party would have held him to bail
or committed hum for trial, according 10 the
character ofthe offence as it appeared IN the
testimony, or would have discharged him i'm
medIately, If there was not sufficient evidence
to support the accusation. There was no dam
ger OF any obstruction or resistance TO the ac-
ton OF the civil authorities, and therefore no.
-eason whatever for the intefposition oil the
military.
And yet, under these circumstances a militia
Ty officer, stationed in Pennsylvania, without
giving any information to the DISTRICT Attor-
uey, and without any application TO the Judi
cal authorities, assumes to himself the judicial
power in the District of Maryland: undertakes
to decide what constitutes the crime of treason
or rebellion: what evidence iii indeed, be re-
CURED any) is sufficient to support the accusa-
ton and justify the commitment; ands commit
the party, without having hearing even be-
fore himself, TO close custody in a strongly gar
rlsoned fort, to be there held, If would seem,
during the pleasure OF those who committed
him.
The Constitution provides, as I have before
said, that $40 person shall be deprived of life
liberty or property, with due process OF law"
1t declares that the right of the people TO be Sc
cure IN their persons, houses, papers and effects,
against unreasonable searches anG seizures,
shall not be violated, and DO warrant shall is-
sue, but upon probable cause, supported by oath
or affirmation, aud particularly describing the
place to be searched, and the persons or things
to be seized" Il provides that the party &C.
cused shall be entitled to speedy trial IN a
court of justice.
And these great and fundamental laws,
which Congress itself could not suspend, have
been disregarded and suspended, like the writ
of habeas corpus, by military order, supported
by force of arms. Such is The case now before
me, and l can only say that If the authority
which the Constitution has con6ded TO the iu-
dietary department and judicial officers may
thus anon any pretext or under any cirennlian-
ces be usnrped by the military power at ITS dis
cretion, the people OF the United States are no
longer living under government of laws, but
every citizen holds life, liberty and property at
the viii and pleasure OF the army officer in
whose military district he may happen TO bs
found.
In such case my duty was too plain to be
mistaken. | have exercised all the power
which the Constitution and laws confer on me,
but tha: power has been resisted by force loo
strong for me 10 overcome. 1t is possible that
the officer who has incurred this grave respon--
sibiity may have misunderstood his lnstruc-
tions, and exceeded the authority intended to
be given him. l shall, therefore, order all the
proceedings IN this case, with my opinion, to
be filed and recorded n the Circuit Court of
the United States fo- the District of Maryland,
and direct the Clerk to transmit copy, un-
der seal, to the President of the United States
1t will then remain for that high officer, in full
6lment ut his constitutional obligation 10 sstake
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 re-
spected and enforced.
r. B. TANEY,
Chief Justice Supreme Coart of the United States.