New-York daily tribune., 1861-05-29
GEN. .CaDWALLA1E8 AND JUDGE
TANEY.

The facts concerning the attempt Of Judge
Tauey 70 take out of the hands OF Gen. Cadwal-
lader, at Baltimore John Meryman, the traitor
will be found in another column Gen. Cadwalls-
der is in command Of the Federal troops in the
Annapolis Department. Lko Butler, he is a
sound lawyer, we'll "a good soldier, and 90
orthodox member Of the late Democratic party.
His answer TO the writ Of hatsas oOrpss, So uo-
necessarily and unwarrantubly issued proyos him
to be both lawyer aud patriot. His rebuke
Of the hoary apologi,t for crime, by telling him
that those who should cooperate in the present
trying and painful position IN which our corn-
" try is pl seed, should not, by reason OF any un'
" necessary want OF confidence IN each other,
increase our embarras,ments, is singing, and
yould penetrate q less hardened bosom than that
Of Roger b. Ianey.
This man, MerIyman, ia, beyond oil question,
o traitor Of the deepest dye. He is caught with
in one Of our military districts, icmon,lng war
against the United States. The mitsry bead Of
the ID rtrict causes him TO b. detained, until
due examination can be- made into h. ease. In
a word, be IL arrested undef that ,tern regime
usually called " martial law" The Chief Justice
OF the United States. sworn to support the Con-
stitntion. instead Of coming forward TO sustain
those who endeayorIug to uphold it in this
trying emergency, thkes sides with traitors who
are exertiug every energy TO subyert It, throwing
around them the sheltering protection of the er-
mine.
But, says some stckler for parchment prece.
dents, Gen. Cadwallader refuses TO obey the
wit Of hqIoas corpus. To which we reply that
the COnstiiution of the United States, from
which this writ obtains al ats validity. provides
that "the privilege Of the writ Of heifas corpus
" shall not be Suspended unless rten ia cases Of
"rebsiiion or msasioH Die p.iLe safety may
"gaiyc IT," And this 10 the precise condition Of
things nov exi.tirg in Maryland and Virginia.
Tue contingency has arisen when the Commander
in-C Chiei of tho Army and Navy has tie right
under tie Con.titgtoD. TO suspend tae privilege
VI t1e writ. Under his orders Gen. Cadwallader
has acted. The most eminent legal authority in
the land jnstifcs hia de.d. Commenting upon
this clause OF the Cnn'titption, Judge Story says
Z" 10 is obvious that cases Of a peculiar emer-
"scncy may arisc, which ma, jast'ly-nay even
" requiIe-the temporary suspenson OF nuy right
"to the writ" THIS peculiar emergency Is no"
upon M. Let the Government ana It's officers
meetit as becomes the eXigency
Let US cite an historic precedent familiar to
10 the country. Ia the war Of loi2-l5, when
Gen. Jackson was the military commander of
Newt Orleans, an insuuection against his author.
ty WAS gaining hendway. lie, Ike Cadwsllndrr,
refused, in a parallel case to oOey the writ Of
habeas corpus issued by one Judge Hall. There
upon Hall. like Tanoy, Issued his warrant to ar
rest Jackson Tor contempt of Court. Whorcup0n
jackson put Hall ia prisons; and having thus
disposed Of him, went out and won tie victory
oc New-Orleans.
We hope there will be no occasion for Gen.
Cn1wallade.'s following this precedent 20 its tx
treme length; for we think Judge TaDcy, who is
very Old and feeble, is being used in thus matter
by younger and boider Sceessonlsts. Ncverhe-
lees, wo advise Gen. Cndw sl,ader to maintain .
his position ut all hazards, remembering tbat the
country ratified and applouded the heroic act Of
Jackson. Let him emulate the example Of Gen.
Harney, at st. Louis, who, in his receut procla.
nation has declared that in such eases be stall
obey tho "hisher law" of sel,-p..s.rraiion.
Wien Treason stalks abroad in arms lot decrepit
Judges giye place TO men capable OF detecting
and crushing it.
ss~ss,nss~<<n.s .-~rr<s1ss
TDMN BELL.