The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1861-06-14
CuIEF JUsrIcE TANEY.

The case Of John Merryman, a citizen Of
Maryland, now detained in Fort Mcllenry,
by order Of Gen. Cadwallader, charged with
having participated in the burning OF the
railway bridges and other acts Of rebellion,
and also charged with melting by reasonable
language, Others to rebellion is exciting some
interest in tho country. lie was arrested on
the Goth Of May. and Immediately thereafter
his friends applied to Chief Justice fancy
for writ of haJeas corpus, which was issued
by the Chief Justice. Gen. Cadwallader in
n respectful answer to tho Judge, declines to
produce the body of the said John Merry
man. asks to confer with the President, and
after this, the president, in the grave cmerg-
ency which has arisen, considering that in
Baltimore and other parts Of Maryland there
is q formidable organization Of traitors, who
have already placed Baltimore in tho hands
of mob, who fired upon United States
troops marching peacefully through that
city to the capitol, and that these traitors are
arming men to resist the enforcement Of the
laws and arc in correspondence with the reb-
els, approves the conduct of Gen. Cadwalla-
der in arrcsting Merryman, and instructs
him to do what he was bound to do on his
own responsibility as military commander OF
the district in such eases To suspend the writ
of habeas corpus for the public safety"
Gen. Cadwallader communicating the in
structions of the president to the Chief JUS
tice adds:
:" This is q high and delicate trust, and
il has bcen enjoined upon him that II should
DO executed with Judgment and discretion (;
but he Is nevertheless also instructed, that in
times OF civil strife. errors, If any, should Be
on the side Of safety 10 The country.
=" lilo most respectfully submits TO your
consideration that those who should cooper
ate in the present trying and painful condi-
ton in which our country is placed, should
not, by reason Of any unnecessary want Oi
confidence in each other. increase our en-
barrlssments."
Judge fancy; whose sympathies arc said
TO lean towards the sccessionists, thinks diff
fercntly, and errs on the side Of treason. *
nOrins all the reasons given 10y the President,
eager, it would seem, tn paralyze the arm
OF the government and tn strengthen that oil
traitors, has written out his opinion, and
as is his usual practice in such cases, yolun-
tccring great deal of extra judicial talk,
declaring that the " habcas corpus" can not
DO suspended by military officer, closing
his opinion with call ON the President :" to
execute the laws" as he, Judge fancy, ex-
pounded them.
BY section ninth Of article first Of that
constitution il is provided that " tho priyi-
lego of the writ Of habcas corpus shall not be
suspended unless when in cases of rebellion
or invasion the public safety may require it. "
And Judge Story, in commenting upon this
provision, says" the exception srcasonable,
since cases Of great emergency may arise, in
which the suspension may BE- indispensable
for the preservation Of the liberties Of the
country against traitors and rebels"
The Constitution does not point out which
department. OF the government may suspend
this writ, tho legislative or the executive
On this point there is difference OF opinion
even among distinguished jurists. JudgC
fancy argues that the power belongs solely
to Congress and it his view is correct, il a
sudden instruction should break out sltho'
there might be in the language Of judge
Story ga great emergency" one in which
the suspension might be indispensable " for
the preservation Of the liberties Of the coun-
try against traitors and rebels" yet. unless
Congress was in session, treason through
sympathyring judges might riot with impu-
nifty. We have not space, nor is there call
for tho publication OF the long opinion oil
Judge fancy. 1t is apparent an ex partc
statement, and manilestly unfair even in pre-.
senting the case, for il declares Gen. Cad.
wallader to be resident Of Pennsylvania
which, although true, 50 far as residence ],
concerned, is manifestly put into the opinion
improperly, as he was legally in Maryland
as the head Of United States army, ant
acting by the directions of the president
who Is COMMANDMENTS Chief, and 50 far a
the case is concerned il made no sort Of diff
ference where his residence was. Professor
Parsons Of the Cambridge Law School, on'
fthemos. distinguished jurists Of Mas. dis
sents from tho position taken by Judge Ia
ney that the President cannot legally sus
pend the writ Of Aa6eas corpus, as the Boston
Journal says:
Grounding his right, first, upon an un'
deniab'e authority residing in the supreme
military power In all orsanized government,
I" 10 exercise martial law" and second. up-
on art. l, sc. Of the federal Constitution.
We copy from paper recently prepared
by Judge Parsons, the following giving hi,
view Of the matter:
"Martial law springs from military ne.
cessity, and nothing else; or, in the words o
Kent, IL is founded upon paramount ne
cessity." As II has no origin but war, I
exists only in war, or in acondition OF thing
requiring armies and military action. While
ID exists, 10 extends TO all the inhabitant
al L "a =. - hal ka,