The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1861-06-11
LIEUT.. GENERAL WINFIELD SCOTT.
GEN CALDWELL AND JUDGE TANEY.


The facts concern ng the attempt of Judge
Taney to take out of the hanls OF Gen. Cad
wallader, at Baltimore, John Merryman, the
traitor, will be found in another CO umn
Gen. Caawallader, is in command Of the
Federal troops iu the Annapolis Department.
Like Butler, he is sound lawyer, as we'll as
a good soldier, and an orthodox member Of
the late Democrotic party. His answer to
the writ Of h0beas cOrpus, so unnec clisar iy
aud unwarrnu,Hb'y issued, proves him % bA
both a lawyer and a patriot. Hi, rebukc Of
the hoary apologlst for crime, by telling him
that "thosc who should cooperate in the pres,
ent trying and painful position in which our
country is placed, should not, by reason Of
any unnecessary want of confidence in each
other, increase our embaTassments,' is sting.
lug, and would penetrate a less hardened DO.
som than that Of Roger B. fancy.
Tn. man, Merrynan, j., beyond all quc5.
ton, a traitor OF the deepest dye. IIo is
caught within one Of our military districts,
fomcnting war against the United States -
The military head of the District causes him
to be detained until due examination can be
made into his case. Ina word, he is arres.
ted under that stern regime usually called
"mar,a law The Chef Justice OF the
United States, sworn to support the Cous,j-
tuition, instead of coming forward to sustain
those who arc eneavoring to uphold it in this
trying emergency, takes sides with traitors
who arc exort!ns every energy to subvcrt it,
throwing around them the shetering lrotec
tion Of the ermire.
But, says .ome atickler fer parchment pre-
ccdents, Gen. Cedwaader refuses 10 obey
the writ Of tq5cos eofpuo. L" which No
ply thot che Constitution Of the United States
from which this writ obtain, all its validity,
provides that "tho privilege OF the ha5eoy
corpus shall not be suspended unless Vhea ia
case, r relation or infusion the puJhc safe.
II moY require IT," Aud this is the precise
condition Of things now existing in Maryland
and Virginia. TIE contingency has arisen
when the Commsnder.in-Ch thief Of the Army
aud Navy has the right, under the Constitu-
ton, to suspend the privilege Of the writ
Under his orders Gen. Calwallaler had ac
ted. The most eminen. legal authority in
the land justieS his deed. Commenting up.
on this clause Of Tic CONSTITUTIONAL Story
saws: at is obvious that cases Of a peculiar
emergency may arise, which may Justify
nay, even rcquirc-the temporary suspension
Of any right to the writ This peculiar
emergency is now upon US. Lot tho Govern.
ment and its officers meet it as becomes the
cxigency!
let US cite an historic precedent familiar to
the country. ln the war OF lsl2-l5, when
Gen. Jackson was the military comnader Of
New Orleans, al insurrect!on against hi,
authority was gaining healway. Ho, like
Cadwallader, refused, IN n parallel case, to
obey the writ OF hateas corpus issued by one
Judge Hall Thereupon Hail. like fancy,
issued his warrant to arrest Jackson for cou.
tempt of Court. Whcroupon Jackson put
Hall in PRISON; and having thus disposed Of
him, went out and won the victory Of NV.
ORGANS.
We hope there will be no occasion f,r Gen.
Cslwalla1ers following this precedent to It's
extreme length, for We think Juig. Tau,y,
who is very old and feeble, is being used in
this matter by young aud boller Secession.
i-ts. Nevertheless, We advise Gen. Calwall-
adcr to manhattan bis position a all h. yards,
remembering that the country ratified and
sppiauAyl the heroic act Of Jackson. Lo,
him emulate the example of Gen, Hqrncy, at
st LOUIS, who, in his recent proclamation,
has declared that in such cases he shall ohcy
the "higLer law" Of selt-preseva'iou. When
Treason stalks abroad in aims let dccicpit
Judges give place TO men capable Of detect
iGs and cushing il