Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-31
THE DESPOTIsM OF HE LINCOLN Gov
EMINENT.
MILITARY AUTHORITY OVERRIDING THE
SUPREME COURT.
Special Dispatch to the Cincinnati Enquirer.

Special Dispatch to the Cincinnati Enquirer
BALTIMORE, May 2S.-The habeas corpus case Of
John Merrman was ende to-day, SIS it was expect
ed that it would be. The Marshal visited Fort
McHenry 10 serve the writ, but denied admit
tsnce. After that osicer had made his statement,
Chief Justice fancy delivered the following de
cision in the case:
so far as my power goes, the Court feels it its
duty TO enforce its protest against the contempt
committed The military is subject to civil 1uris-
dicton; and will bri, fy set down the course in
tend to take. | ordered the attachment yesterday.
because upon the face of the return the detention
of the prisoner was unlawful upon two grounds:
First, the President, under the Constitution and
laws OF the United States, cannot suspend the prv
lege of the writ of habeas corpus, authorize any
military officer to do Second, the military off
Ger has no right to arrest and detain person sub
ject to the rules of articles of war; for an offence
against the laws of the Union. except in and by the
Judicial authority subject to its CONTROL and if
the party is arrested by the military it is the duty
OF the officer to deliver him Immediately to the
civil authority, to be dealt with according to law.
Il forebore yesterday to state orally the provi-
sions of the Constitution which make these prnci-
pies the fundamental law of the Union, because
oral statement might be misunderstood in some por-
tons of it and shall therefore put my opinion in
writing and file it with the Clerk in the Office of
the Court in the course of this week.
I'm relation to the present return the Court said:
With relation to the present return, | would state
that the Marshal has the power to summon the
posse cor1tGS and take forcible possession of the
party attached, but as the force is large at the
Fort at this time the effort would be useless.
THAT being the the Court has power to
direct the forcibe taking of the party but only has
power under the laws of the land when the party
is brought before it, to force the liberation of the
prisoner by an order of the Court, imposing fine
and Imprisonment upon the officer making the
rest; but if by superior force the party manages
to keep out of the reach of the Court, il can but
enter its protest against it. will reduce to writing
my opinion in the case and having done shall re-
port the President in person the facts lay before
him the official documents in the case. 1 call on
him to perform his Constitutional duty and urge
upon him the absolute authority, proper recogni-
ton of the Constitution and lava"
The decision received by those assembled,
many of whom were members of the bar, with
heartfelt EXPLANATIONS of appreciation, such
Thank God for such & man;" God grant that he
may live many years to protect US; and many Sim
liar remarks.
Prom the Chicago Times
Judge fancy Chief Justice of the United States
has issued writ of hGbeGs corpus for John Merri-
man. who was seized and imprisoned by the mill
tary authorities of the United States, and is now
held in custody at Fort AeHenry. near Baltimore.
The writ directed to Gen. Cadwalsder now
commanding that post The General refused to
obey the writ until he received instructions from
Washington, whereupon attachment was issued
against him. This proceeding will bring to test
the right of soldiers arbitrarily TO seize citizens
suspected by them of disloyalty, without warrant
or process, and deprive them of their liberty. 1t
is high time this question decided, and we in
formed whether tine last vestige of personal liberty
is to be overridden by military despotism. The
legality of these imprisonInents without warrant
and upon bare suspicion, will not be conended for
by any respectable authority. The real question
will be whether the whole United States is to be
treated as a military camp, and the Constitution
act nj hv cd