Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-30
LATE LOCAL NEWS.

TIE CAsE or GIN. ANDREW PORTER BHFoII
THE CIRCUIT Court, TO-DAY AT the meeting q
the Court this morning, Judge Dunlop announced
the decision OF the Court In this case a. follow:
The return made by Deputy Marshal Phillips
the 26th October. 1861, we win order 30 be fled,
though we do not doubt our power TO regard u -
insufficient In Idte, and to proceed against the Of
fcer who has made Il.
The existing condition Of the country makes 10
plain that that ocer 10 pow erless against the vast
military force Of the Executive, subject 70 his
will and order as Commander-in-Chiefo Of the
army and navy Of the United States.
Assuming the ceTify Of the retKrn which has
been made on oath, the case presented 10 without
a parallel In the Judicial history Of the United
States, and involves the free action and sfeisney
Of the judges Of the court.
The President, charged by the Constitution 10
take care that the laws be executed has seen a. 10
arrest the process Of this court and 20 forbid the
Deputy Marshal to execute f. Itdoes not involve
merely the question az 10 the power Of the Execu-
tive in the civil war and to suspend the great witt
Of freedom-the kabsaS eOTpHs.
When this rule WA ordered 10 give efficiency
70 that writ, no notice had been given by the
President TO the courts or the country Of such
pension Acre, now first announced 70 Us, and 10
will hardly be maintained that the suspension
could be retros pective.
The rule in this case, therefore, whatever may
be the Presidents power over the writ Of kabe0s
eorprs, was lawfully ordered, a. well az the writ
on which IL was founded.
The facts on which the rule waf ordered by the
Court assumed to be true az respects the Pres
ident, because the President had them before
him, and has not denied them, but forbade the
Deputy Marshal to serve the rule on Gen Porter
The President, we think, assumes the responsi-
blity Of the acts Of Gen. Porter set forth In the
rule, and sanctions them by his orders to Deputy
Marshal Phillips not to serve the process on the
Provost Marshal.
The issue ought 20 be and is with the Presi-
dent and we have no physical power % enforce
the lawful process Of this Court on his military
subordinates against the Presidents prohibition.
We have exhausted every practical remedy to
uphold the lawful authority OF this Court
1t 10 ordered this Both day Of October, 1851, that
and made part Of the record, 40 explaining the
grounds on which we now decline 70 order any
further process In this case. By srder Of the
Court.
Jas & Morsell, associate Judge, then said: Az
a member Of this court, and on la behalf, wish
IL understood that, Notwithstanding the blow lev-
eled at this court, do distinctly sssert the fol-
lowing principles:
LIST That the law in tkis ss~.sry known NO
superior.
I'd. That the supremacy OF the civil authority
over the military cannot be denied that 70 has
been established by the ables jurists and believe
recognized and respected by the grest Fsthef o.
the Country during the revolutionary war
Sd. That this Court ought 20 be respected by
every one an the guardian Of the personal liberty
Of the citizen, In giving ready and efsctusl aid
by that most valuable means, the writ Of hsesss
corpus.
4ih. therefore respectfully protest sgsina ne
right claimed 70 interrupt the prooeedings In this
cosen
This opinion Of Judge MOnells 10 also % Be
placed on the record.
The Court then proceeded 10 the trsnssctoe Of
other husi