Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1862-09-05
IMPORTANT HABEAs CORPUS
CASE.
Impending Confc, beiwsen TIE judiciary and
The War DEPARTMENT.

aole Importance Inc parties were piaceu
in the county Jail in this place, and have re-
manned there to this date. Last week writ
Of habeGs corpus was issued bv Judge Smalley,
in behalf of Mr.. Arson Field, one of the
three parties, which was returnable on the
18th ult.; but the case was laid over 10 Mon
day, to await the presence OF the Z. 5.
Marshal. In the meantime the Marshal,
having reported the facts to Washington, Ie-
ceived the following despatch
WASHINGTON, Aug. 80 III, lsG2.
To c. C. P Baldsrr-,
Y. 8. Marshal;
PAY no attention to the habeas cor
pus for the liberation Of Lyman, Barney and Field,
and IL any attempt be made to lIberate them from
custody, resist il 10 the utmost, and report the
names Of all who may attempt it.
By order Of the Secretary Of War,
L. c. Turner,
Judge Advocate.
The Marshal accordingly appeared before
Judge Smalley Monday forenoon, without The
prisoner, and By his counsel, Hon. Levi
Underwood, who Rad been called IN, 10 the
absence Of the District attorney. made return
that he Lad made the arrest under the
following older Of the Secretary Of War -
WAR DEPARTMENT, friday, Aug. 6, 1882.
0RDERED-F.rst: That all United States Mare
sbais ani S1perintsud DENTS or Chiefs Of Police Of
arg town, cry, district be. AMI they hereby
authorized and directed to arrest aud imprison
any pers-n or persons who may be engaged by o,
speeeh, or writing, il discouraging volunteer en-
istmenis, or in sny way giving asa and comfort
To the enemy, or in any other disloyal practice
q gsinsj the United States.
Second. That immediate report be made 10
Major c. L. Turner, Judge-Advocate, in order
that such persons may be tried before military
commission.
IkrTd: The expenses Of such arrest and impris-
onmsnt will &c certified to the Chief Clerk Of the
War Department for settlement ana payment.
EDWIN VI. STANTUN,
Secretary Of IYaT.
and that the prisoner was detained under
la-e order Of the Secretary Of War, suspend
ing the writ Of habeas corpus in such cases,
and a,so in consequence Of special orders
t. tie same eject.
Nj Underwood said that as there was pro-
baby no desire to forca an issue between the
! War Department aad the Judiciary, It
might be we'll to suspend the case until the
facts were laid before the Pr per Gutkcrities
al Washington. Hon. G. F. Edmunds aud
". G. Shaw, E,q., c0unse! for prisoner, did
not assent to this proposal. but claimed that
the return was insufficient and the refusal
to produce Mr.. Field contempt Of
Court. The Judge thereupon decided, IN
substance, that whether The President has
the right to suspend the writ of hG5eas cor
pW without appealing to Congress is a ques-
ton. In his (the Judge's) opinion, the
President has that power, in cases OF impor
tent military exigency. Judge Taney's opin-
ion to the contrary, notwithstanding but
be that as it may, that the Secretary of War
and his subordinates have no power to sus-
pend the writ; that the return Of the mar
shall is not compliance with the writ, and
that unless within four hours the prisoner be
produced in compliance with the order of
court, he should issue further order re-
quiring the L. S. Marshal and Sheriff Elan
agan 10 show cause at the next term of the
Circuit Court. on the 81 of October next,
why an attachment should not issue agains
them for contempt of Curt.
The Marshal will, we understand, in ODE
dience to his orders from Washington, De
cline to produce the prisoner.
On this case, We make but a brie
remark or two. 1t does not strike Us that
the distinction taken by the judge on the
authority to suspend the writ of haJeas cor
pus will stand. He comedies that the Presi-
dent. in great exigency Ike the present,
can suspend the operation Of that writ, but
says tie Secretary of War can not do it
But every one knows that the Secretary Of
War is but direct oficial Of the President
and that an order from the Secretary Of Wal
derives It's authority from direct OF assum.
ed order Of the President, just as an Adju.
tant's order is assumed to be an order of hi,
superior officer. 1t is certain that all the
eases Of arrest ard summary confinement by
orders of the Secretary Of State or Secretary
Of Var, since the rebellion became a8graut,
have been considered by the public. as done
by the authority Of the President.
We are all jealous Of the liberty Of the
subject, and rightly so nevertheless in such
a state Of affairs as now prevails in the na-
ton, re have TO submit to Inconvenience
IN some cases, no doubt, to severe hardsbirs:
which in time Of peace would be intolerab!e.
Quiet as We seem to be, here, thu nation as
a whole, and Vermont IS part of the ma
ton, is in a state Of WAR terrible and dan
gerous war-war aimed by those who began
1t right at the national lie. We are in a
struggle for existence. The robber has
broken into oar domicil All ordinary dis-
cussious about right Of possession and pleas
vi abatement are out Of place. Nothing !.
palmer than that the orai arm. in regard Il
what must ne done to save the nation from
the assassin clutch, has not the strength ol
a straw. The man will be dead and cold be-
fore help can come from that source. The
military arm is our only hope. and harsh as
it's treatment is, 1t is better to put up with
il than to enbarrass its action. The uni
versal cry has been for more prompt and En-
ergeuc action to suppress the rebellion-to
put a strong hand on traitors and the abet-
tors OF treason every where. In this case we
think it to be regretted that the Judge had
not been willing to at least suspend all de-
cIsion on the case till farther communication
could be bad with the authorities at Wash
ington. We have no reason to suppose that
any i'll intention on the part of the Govern
ment lies at the bottom of the arrests, OIL
that any injustice will be done to the psrtie:
under arrest.
ENLIsTMENTs FOR THE OLD
REGIMENTS.
U. S. BOUNTY AND ADVANCE PAY STILL