The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-06-07
Conflict Between the Civil and Militia.
ry Authority.

The st. Louis habeas corpus case has
been decided. On the 3lst, Gen. HARVEY
made return that Capt. MCDONALD had
been removed to Illinois, and was now in
the military command of Gen. Nc LELAND;
that he never had the body Of the prisoner
under his control, and consequently was
unable 10 produce him. Judge TREAT de.
cided this return was full and sufficient. 1t
will be recollected that MCDONALD was a
young officer of Gen. FRosT's brigade of
Missouri troops, and was captured by the
United States troops at Camp jackson.
Judge TREAT issued writ OF habsas corpus,
directed to Gen. HARVEY. The writ was
resisted on the ground that Judge TREAT
had no authority to issue such writ in a
case of this kind, where, in time of war,
government officers had arrested man
found in arms against them f; but the Court
considered this answer insufficient, when
Gen. HARVEY amended the answer as stat
ed above.
We have nothing additional as to the
Baltimore case. Chief Justice TANEY has
forwarded his decision to the President,
with the request that he should enforce the
decree of the Court, for the arrest of Gen.
CADwALLADER for contempt. The Presi-
dent holds the matter under advisement,
and the newspaper correspondents report
be is determined to sustain TANEy, and vice
versa.
The following are the words of the Con.
stitution, upon the suspension of the writ
of habeas corpus {" The privilege of the
writ of habeas corpus shall not be suspend
ed unless when in case of rebellion or inva-
sion the public safety may require it,"
This, says contemporary, is the precise
condition Of things now existing in Mary
land and Virginia. The contingency has
arisen when the Comlnander-in- Chief of
the Army and Navy has the right, under
the Constitution. to suspend the privilege
of the writ. Under his orders Gen. CAD
wALLADER has acted. The most eminent
legal authority in the land justifies his deed.
Commenting upon this clause of the Con-
stitution, Judge STORY says: at is obvious
that cases of peculiar emergency may
arise which may justify--nay, even require
the temporary suspension of any right OF
the writ"
General JACKSON made a precedent on
this important question at New Orleans,
during the late war. That city being under
martial law, by proclamation of General
JACKSON, Judge HALL, of the United States
District Court, granted writ of habeas
corpus, for the release of LOUIS LoU1ALLER,
member of the Legislature of Louisiana,
then under arrest by order of Gen. JACK.
SON, for exciting mutiny among the troops
by publishing a statement that treaty of
peace had been signed between Great
Britain and the United States The Ger
eral, instead of obeyng the writ, caused
Judge HALL to be arrested, and removed
from the city. Peace between the two
countries having been formally proclaimed
few days afterwards, Judge HALL was
released, and martial law removed. He
Immediately summoned General JACKSON to
answer for a contempt of court, in disre-
garding the writ of habeas corpus and i'm.
prisoning the Judge. General JACKSON ap-
peared in person and by counsel, and after
argument was sentenced to pay a fine Of
$1,000. He submitted to the judgment,
and paid the fine but it was refunded to
him with interest by an act Of Congress, in
1874.