Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-06-06

could not be refused By the Court Il waa not 10 betop
an immunity from arbitrary imprisonment, which il
abundintly provided for in Magma Charia (f indeed il
not ancent) that the statute OF Charles II
was enacted but TO cut off the abuses nv which the
Governments lust Of power, and the serve subtety
OF Crown lawyers, had impaired so fundamental priv
ileee"
While tho value set upon this writ in England has
been great that tho removal Of the abuse which
barassed its enoymens have been lot ked upon as al
most grant CT liberty TO the subject is not to
be wondered that the continuance Of the writ thus
made effective should have been the object OF the most
jealous care. Accordingly, no power in England short
Of that Of Parliament suspend auth0riz the sus
pension of the writ of habsas corpus. I quote again
from Blackstone II Conn., 1856 > "Rut the haporess OF
our Constitution il that it ia not LIFT to the Execufve
power Gete mine when the danger Of the Safe is
great TO render this measure expedent. IL il the
Parliament OF " or legislative rover that Whenever i,
proper, authorize the Crown BY sus end the
habeas corpus for short and lin ted time to i'm r.on
suspected persons without giving any for do
ing" And If the President OF the United STA NAV
suspend The writ then the Constitution OF the United
States has conferred upon him regal and absolute
power the liberty Of the citizen than the peor of
England have bought it safe 10 entrust to the Crown
| power which the . een OF f. IgaBd exercise
at this day. and Which could rot have been lawfully
ercsed by the sovereign in the reign OF Charles the
| First
| Bu. | am not left 10 form my Judgment upon this
great question from anaogea between the English gov.
ernmont and my own, the commentaries Of EaglIsh
jurists the decision of English courts although upon
this subject tfey entitled the highest respect aud
Justly regarded and received author itatye by
courts of justice. To gcide me in right conclusion.
have the commentaries on the Constitution of the Ul
ted States of the late Mr. Justice Story not only OF
the most eminent jursts Of the age but for long time
one Of the brightest ornaments OF the Supreme Court o
the United Satss, and lso the clear aud authoritative
decision of that Court Itself given than half
tury since, and concusiyely establishing the principles
| have stated.
Mr. Justice Story, speaking in bis comment ri,s Of
tie haJrdS corpus clause OF the Constitution, sayr:
1T ~ obvious that eases oI peculiar emergency may
arise which may Justify, nay, even require, the ten
orary suspension OF any right to the writ But il has
frequently happened in fo'egn countries and in
England that the writ has upon various preiexts and
occasions been suspended whereby persons spprehend-
ed np)n suspicon have suffered long mprisonmC Mt,
som times from design, aud sometimes because they
were forgotten, the right 10 suspend it expressly
lined TO cases CT rebellion invasion, where the public
safety may require il. very Just AID wholesome re.
stra Mt which cuts down at blow fruitful means OF
oppression capable of beirg abused in bad times the
worst OF purposes Hitherto suspension OF the writ
has been authorized by COngs since the establish
ment Of the Cons,i'u ion. 1t would etm the power
is given to Congress 10 suspend the wi. of hdbsd'
pts in OF rebellion INVASION ths. the right
Judge whether tie CGgerCy had arisen exclusively
Ieong 10 that body."-5 Ssorys Com. on the Constu-
| ( on, section 336.
Aud Chief justice Marshall in delivering the opinion
OF thu Supreme Court in the of er pdrie Bcman
and SEartwou u.e5 this decisive language in Cranch
gj may be worthy Of remark that tnis "act Speak
ing Of tie one under which sm proceediHg passed
by the first Congress Of tire 4ited StAtes sitting under
Constitution which had declared that the privilege OF
the writ OF habea corpus should not be suspen ded
les when in OF rebellion invasion the public
safety IN gh require it, Actirg under the immediate
iniu nce of this Injunction they have iet With
pee Ilar force the obligation of providing efficient
N ans by which this great cons i;uiiona. privilege
should receive life and activity tor 4 TIE be not
in existence, the privilege ,se woad BE- lost, although
Law for its srsnsnsion -h0ud DO enacted. UOder tue
sign of this Obligation they give TO all the courts
the power ofsEardilg writs OF hdbeaS corpus.
| Add ag4ia in page l0l
"lf any time the public safety should require the
spenson of the powers vested by this act in the courts
OF the United Safes it is for the Lelture to say So
raat question depends political consd sdeFatoLs on
.hich the Legislature is to decide. Unti tae Il 81
i've will be expressed, this court aG Oay duty
| and nlst osey the Law
cin sds nsttiss TO these clear ard emI hattie words
1 OF my great pred cesscr.
But the documents before me show that the military
authority n this has gone far beyond ae iaee
pension OF the Pri'ege OF the gr OF adbtGs corpus. Il
has by force o arm9 h.us aside the judicial authorities
AID cifiess 20 whom the Constitution las cOnded the
peTer and duty OF Interpreting and administering the
laws, and substituted military government 10 us place.
10 be administered and executed by military olceFS for
at the tine these proceedings had sgainst John Mer
ryman, the district judge Of Maryland the Commission.
appointed undr the act Of Congress the District At
torney, and the h3sa all resided in the city OF Balt
moro, .ew miles only from the homs OF the prisoner
Up to that time there bad teen the slightest resist
obstruction 10 the process of Guy judi
cl officer cf tie Ucited States in Maryland except by
tae military authority. Aud if Ieiiia.y o!acer or any
other person, he'd reason 70 SeGye that the prisoner
had Conmit.S .S Lnv chelCe against the laws Of thu UH
.c Sae' vas bis duty 10 give Information oi the fact
and the evidence 10 support IT, to the suct Attorney
and il would then have become ibC duty or that DIN
TO bring the matter before the Dis rict Jaige CO
m-ioueI aud If their was suiii ,ieut leg evidence 10
Justify bis arrest the Judge Gaa.a sOncf Wculi have
i'ued his warrant 2 lie aishal TO arrest him and upon
he beetiGS OF the party wOulj have he'd hi1 bail
committed him for trial, cofdug TO The character Ci
the Cience it appeared in testimony or y0ui1 lave
discharged him Immediately If there vas not saiceIt
eviienCc 70 support the avcIsIon.TaoTe WAS dsm-
ger OF any obstruction or resistance 10 the &C ion oi The
cg., authorizes, and therefore Whatever for
| the n;cTposiion OF the military.
AMI vet under these circumstance military oil ,er
stationed in Pcnnsylysa.l without giving any inljma-
ton to the t7''ct Attorney, and without any apPcatoD
to the judicial au hori;its, himself the Judi
cal power in the Diict of Maryland; undertakes 10
decide what constitutes the criG9 cf treason rebeou
what evidence CT, ndt ed he required auy1 icent
to support the accusation aud justly the commitment;
| and pannts the patty, without having hearing even
before hmse to close custody in a strongly garrisoned
FORT TO be there held N would seem, during e pleasure
OF thu9e who committed him.
The Constitution provides have before said that
no person shall be deprived OF life liberty proper
ty, without due process of law IL declares that "he
right OF the people 10 be in their persons houses
Lapers aud effects against unreasonable searches and
seizures shall be violated aud no shall ia
sue but upon probable cause supported by oath al
ifmaton, and particularly describing tho Place 10 ie
searched, and the persons things 10 be s,iaed. |;
provides that the party accused shall be eatlled to
speedy trial la court Of justice.
Aud these great and fundamental laws, which Congress
Itself could not suspend, have been disregarded and
suspended like the writ of habeds corpus, by military
order, supported by !orco Of Such is the
now before NO. and only say, that if the auhori-
tv which the Constitution has corfded to the judiciary
department. and judicial officers may thus upon any pre-
text under any circumstances be usurped by the nj
tsyy power its discretion, the people OF the L. States
are no longer living under government Of laws bI
every citizen holds life liberty and property at the will
aud pleasure of the army officer in whose military dis
trict be may happen to be iound
In such case my duty was too plain TO be mistaken. |
have exercised all the power which the Constitution aud
laws confer me. but that power has been resisted by
force too strong for me to overcome u is possible
that the officer who has incurred this grave RESPONSE
biity may have misunderstood bis Instructions and
ceedad the authority intended to be given him shall,
therefore order all the proceedings In this case wi,k
my opinion be fled and recorded in the Circuit Court
of the United States for the District OF Maryland AID
direct tha Clerk 10 transmit copy under SEAL TO the
President of the United States 1t will then remain for
that high officer in iuifnent Of his constitutional obi-
CATION to "tske that the laws be faithfully
cuted" dete mine what he will TAX 10
the civil process Of the United States to be espc ard
| enforced. X, b. TiSEY,
| Chef Justice Of the Supreme Court United States
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DsCB GINGER, AIspicc and Pepper, for sac by