Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1862-09-09
Judge Smalley on Habeas Corpus.


We learn from the Burlington Times that al
Important decision has just been made by Judg
Sma!iey, on the right Of the Government to sus
pend the writ Of ha5eas cOrpus The question
arose on writ issued in the case of Deacon
Arson Field, of jericho. recently arrested by
Marshal Baldwin for uttcyng reasonable Ian
goage, and dscorraslog enlistmcnts The writ
commanded the Marshal to produce IN court tb,
SAID Field Between The issue Of the witt aud
the day Of retutn the Morhal received the FOL.
lowing elDsrau from the War Department
WASHINGTON, August 30, 1862
10 &. C. + Baldtom, L. s. Marshal
Pay no attention 10 the ha5eaS corpus for tae
hbardtlon d Lyman, Barney aud Field, add il
any attempt b9 made to berate them RON Gus
tudy resist u to t.c utmost, and report the
nanes OF all who may attempt H.
by otder " the Secretary Of War
J. =. turner, Judge Advocate.
" hen taa case came % lol hearing, Lieut..
GOV Underwood in hclalf % tae Sheriff and
Marshal made return stating mat the arrest
Of Field was made under the order % cretary
stanton, relating 50 d,oourag,ns constituents,
and dated August 5, 1862 and tuat under 'be
order Of tine Secretary VI War, Wspcn4us the
VII 81 ha5eas corppS in such eases and also in
consideration Of the telegram lllm ,be War
Department, Mesas B,lduo and Flanagan,
without intending any disfs.pect for the Court,
declined 70 produce the body o. Field
Hon Geo f. Edmauds and VIM. G shaw,
counsel Tor Field, argued, that mi. return was
not sufficient and the refusal to bring hu into
court Va.a contempt on the part cf the Mar.
shall ,ud Sheriff
Judge Snalley then, after stating that Secre-
tary Stanton and his subordiua;es had no pow
cr TO suspend the writ Of habeas corpus, deer
ded thaL the return WAS not 10 accordance with
the writ aud that Ne would give Marshal Bald
win and Sheriff Flanagan four hours TO produce
Mr. Field If he should not be forthcoming at
that time, he shoula srue further order re-
quirins the u 5. Marshal and Sheriff Flanagan
TO show cause at the next term Of tho Circuit
Court, on the 81 OF October next, why an at
tachment should not be issued against them for
contempt Of court
Marshal Baldwin declined to prciace tie
prisoner.
This ease will bring directly before tho c,or,
the question Of the r.a, 81 tie Goyernmn, 10
suspend the VII Of habNr, corpus, wDca, ia it,
discretion, in eases Of in.4rrecti,n or invasion.
tic public safety requires IL. Judge Fancy de-
ciled more than year ago ina similar case,
,hat the arrest was illegal out as he had no
power TO enforce the writ, he only issued a writ
ten profess agains! the ac,. And in thus case u
decision OF the court similar 10 Judge fancy 5
would practically amount, doubtless, to as lit
tle as that decision
1t is, however, very important question, in
yolying as it does the liberty Of the citizen
There eaa hardly be more dangerous power
than that which permits a Marshal or Sheriff
to arrest, at pleasure aud without process, a
peaeeable c,i1sn, whose only oaansc is the ut-
tcrAnce Of what, ia The Marshal judgment,
nre disoyal sentiments, and Il exercised at all,
it should be with tie utmo.t care against abuse.
At the best it is contrary to lie spirit OF our
institutions; and the fact that our Governments
deems it necessary to rssor: 10 such unusual, if
no, daspouc measures, renders it of the utmost
importance that the rebellion be speedily
crushed, lest the people lose their liberties by
tue supposed necessity Tor the exercise Of dan.
gerous powers by the Government.