The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1862-09-02
MONTPELlER, VT
TUESDAY, SEPT. 2, 1862.
Judge Smalley on Habeas Corpus.

We learn from the Burlington Times that an
Important decision has just been made by Judge
Smalev, on the right of the Government to sus
pend the writ of haJeas corpus. The question
arose ON u writ issued in the case Of Deacon
Arson Field, Of Jericho, recently arrested by
Marshal Baldwin for uttering reasonable Ian
guage, and discouraging enlistments. The writ
commanded the Marshal to produce in cour, the
said Field. Between the issue OF the writ aud
the day of return the Marshal received the fol-
lowing telegram from the War Department
WASHINGTON, August 80, 1862.
To c. C. p. Baldwin, u. S. Marshal:
Pay no attention to the habeas corpus for the
liberation Of Lyman, Barney and Field, and if
any attempt be made to iiberate them from GUS
tody, resist it to the utmost, and report the
names of all who may attempt it.
BY order OF the Secretary OF War.
L {. TURNER, Judge Advocate.
When the case came on for hearing, Lieut.
Gov Underwood in behalf of the Sheriff and
Marshal, made return stating that the arrest
of Field was made under the order of Secretary
Stanton, relating to dscouraging enstments,
and dated August 8, 1862 and that under the
order of the Secretary Of War, suspending the
writ Of hobeas corpus in such cases and also in
Consideration Of the telegram from the War
Department, Messrs. Baldwin and Flanagan,
without intending any disrespect for the Court,
declined to produce the body of Field.
Hon Geo. f. Edmunds and VIM. G. Shaw,
tt,t ;,
not sufficient, and the refusal to bring him into
court was a contempt on the part CT the Mar,
shall md Sheriff.
Judge Smalley then, after stating that Secre-
tary Stanton and his subordinatos had no pow
or to suspend the writ of habeas corpus, deci-
ded that the return Was not 10 accordance with
the writ and that he would give Marshal Bald
win and Sheriff Flanagan four hours to produce
Mr. Field. If he should not be forthcoming at
that time, he should issue q further order re-
curing the U. S. Marshal and Sheriff Flanagan
to show cause at the next term of the Circuit
Court, on the Sd of October next, why IN at
sachmunt should not DC issued against them for
contempt CT court
Marshal Baldwin declined to produce the
prisoner.
This case will bring directly before the court
the question of the right of the Government to
suspend the writ of haJeas corpus, when, III Its
discretion, in cases of insurrection or invasion
the public safety requires it. Judge fancy de-
cided more than year ago in a similar case,
chat the arrest was illegal, but as he had no
power to enforce the writ, he only issued writ
ten protest against the act. And In this case
decision of the court similar to Judge fancy
would practically amount, doubtless, to as lit
tie as that decision.
1t is, however, very important question, IN
vovng as it does the liberty of the citizen
There can hardly be a more dangerous power
than that which permits Marshal or Sheriff
to arrest, at pleasure and without process, q
peaceable citizen, whose only ofense is the ut
terance OF what, in the Marshal's judgment
are disloyal sentiments, and if exercised at all
it should be with the utmost care against abuse
At the best it is contrary to the spirit Oh ou
institutions; and the fact that our Government
deems it necessary to resor. to such unusual, l
not despotic measures, renders it of the utmos
importance that the rebellion be speedil.
crushed, lest the people lose their liberties b.
the supposed necessity for the exercise OF dan
cerous powers by the Government.