Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-06-06
p,-ttN Avn ORNAMENTAL PRINTING.
The aIerrlman Canc---Decislon Of CAiei
llnrIien TnneY.


The ds6isionos Judge Taney in the case oi
Merriman, aSested in Baltimore by ORDER o.
dwalader, charged with treason
aosinst the Government in aiding and apei-
tpo by money and counsel, the rebels in |
MARYLAND, has Just been delivered, and de-
s.rves anne notice. The decision is one Of
b sboss deoamsAs which rather display learn
ing than logic, and in our view fails entirely
10 show what tho-learned Judge intended II
should, viz. that Gen. Cadwallader, in. r.
fusing 10 recognize the validity Of the wit
under existing circumstances, had committed
an Illegal act and that The Presideut in Or
dsring the suspension Of tbe writ in the ca
ses of persons arrested for treason, had tran
scended his powers.
We have before said that we believed the
course pursued by Gen. @. to be not only
3 Fr6pes bui necessary, and authorized by the
Constitution, ard we can see nothing in the
decision Of the heaasofahe Supreme Court
to induce Us to take any other view OF the
matter. In relation TO that clause Of the
Constitution which provides tor the susPen-
son Of the writ Of kdbeas corpus in time Of
rebellion, found in the ninth section of the
first article, and under which Gen. Cadwsl-
ladsr acted, the learned Judge has much to
say. He argues that this article IS devoted
% the Legislative department of the United
States, and has not the slightest reference 10
The Executive Department" but in his en-
dssT6f 10 carry this argument to the point Of
conviction, he signally fails. We are unable
at thistime to follow Jedge Taney through
the labyrinth Of precedents which he calls tC
his aid in the en6eavortO establish his case
nor do we think it necessary to do so.--
81 lsunicient reply TO the labOred decision 0
the Judge is found in tho ancient maxim
Iassr arna silent Ieses, aud IN this We beIiey'
the people Of the Nerth will find satisfac'Or!
.s.a rtsason for sustaining The President Of th
United States, and those acting under hts OF
der. whenever they shall find it necessary {
suspend writ Of habeas corpus issued to re
lease traitor openly in hostility to the Gov
eEnment, and aiding those who are seekin
itEeYsEthFow. 3 ETEHJON
But Judge Taney is not satisfied wit
discussing the points essentially involve
in the case, and in his spleen at bein
dcfeaied in the attempt to thWart the Govern
ment in the exercise Of its duty for its Ow
protection and The public welfare, indulg'
nlanguags reasonable and malicious enOug
80 for-the columns of the Richmond Enquir'
or Memphis Avalanche, and totally unfit
man occupying the elevated position that
does. It has been suggested that Judge Tame
bsrsquired to take anew the oath ofallegianc
andI the following does not justify such
demand. We are at loss to conceive VIII
7gwould. Hsssyss
sSuch is the case n9w before me, and ca
only say that if the authority which the Cor
stitution has confdedto the Judiciary Depar
ment and Judicial officers may thus upon an
preiext and under any circumstances,
cusurped by Tie military power at its discr
lion, the people Of the United States are L
longer living under Government of law
but every citizens holds life, liberty and pr
perty at the will and pleasure of the arm
officer in whose military district be may haI
E,aa ~ h f,1n9 p z. NJ n II t.uU