The sun. [volume] (New York [N.Y.]) 1833-1916, 1861-10-31
The Washington Habeas Corpus,
SECESSION JUDGES.


Woshi. gion, oct 80.-I equity Marshsl Phil
lips isppl. u Ell 20 the Circuit Court to- ay thai
he IN not serve the rule issued by that bpdy, on
the 22d in tan, o - s-tvod on G,nersl Andrew
Porter, Provost Marshal, for the District Of Co
lumbia, btcause lie was orderd by he President
e the United h,atss not 10 tsfvs the sIms, and
10 report 20 the Court that the privilege Of the
writ ei h0beds oo,pus has ben sutpsDdsl for the
present by order " the President In regard to
the SOLDIERS of tho army of the United States
within TIC cistrct.
Chief Justice Dunlop psid:
The return made by Deputy Msrehsl Phil
lips, the 26th OF October. we will order 10 bo
fl, d, though We 90 not DOUBT our power 10 re-
gtiu 1t az insufficient in law, and 10 proceed
sgsust he fi,er who has inside IT.
The existing condition o. the country MAKES
il plsn that that officer ia pc werleps az sinst the
vast military force Of the Executive, ,ubjsct to
his will ard ordsr Is command -in-chof VI the
army pnd Isvy of tie United Safes,
Assuming ito verify OF the return, which has
Leu mace on o,th, the csso pre- enied Ia with
cut pTSl 81 Ia tue Judicial bis.oty Of the Uoitsi
StLt,H ard involves the FREQ actICn and sthcisn-
| cy a The juc geI Cf this country.
The President, charged BY the Constitution
TO tske Gaze that tho laws lie executed, hs' seen
H. 10 arrest he picc,ss ct this Court and to fur.
I'D the tcput, MARSHAL to exo,ute il
|, e Tot Involve moT,l, ths q iof' o, Of 70
poNc e the Executive in civil war TO suspend
Wien this rule wa, ordered 10 give efficiency
J 80 ihat Wit 20 notice bad been given BY tho
1 lrtCeLttO ths courts Cr country OF sucn sus-
| poi sion b ere now first announced 10 US snd II
will hardly I've msin' ain,d that the sup nsion
| could I've retrospective
The rule in this Gaze, therefore, whstsvsr may
be the Presidents pewer over tho writ &C hsbeas
| eyipus, WAS lawfully ordered, a. well a. tho wri,
on " hicb II was founded.
The f4o's on which tho rule was ordered BY
Il al - V.aaN
, the President, bccsuso the President had then
, | b fore him and has not denied them, but forbAd
, | TIE Deputy Marshal 10 serve the rule on Gsner
al Andrew Porter.
The President, We think, assumes the rospon-
sibilites Of the acts OF General Parker, set forth
in tie rule, and sanctions them by his order tC
Dtpu,y Marshal Philips not 10 serve the pro-
Gers ON the Provost Marshal.
| Tho iifuo ought 20 bs and IL 10 with the Pres
ident, and we bave No physical p wer TO en-
force the lawful process Of this Court on his mil
itary subordnaes. Against tho Pr sidant's
hle remedy, 10 uphold the lawful authority Of
| this Court.
1t is therefore ordered, this 3Oth day Of oeto
btr that this Opinol Of the Court be filed by
the clerk, and made part Of the record, a. ex
planning the grounds on which We now decide
net TO order any further proceedings in thI
csse.
Associate Judge M,-ahsll said: Asa msmbel
OF this court and On its behalf, wish 1t under
stood that Notwithstanding the blow ltvelled Al
this court, do distinctly assert the following
| principles:
Firs,-That the law in this country knows NJ
Superior; -
: thority over the military cannot to denied tina
il has been established by the ablest jurists
and | believe recognized and respected by IN
great father Of the country during the revolu