Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1862-11-15

jurist Of decent character has maintaInd The
suspension of our writ of habeus corpus as
an Executive prerogative. It maintains
further that the Legislature Of the state,
with It's governor, ere as capable, within
the limits of that state, Of suspending the
habeus corpus, as Congress. with the Piesi-
dent, is. This is pure seccssionism, for Il
assumes that state government has the
same SOVEREIGNTY within its limits that the
United States Government has iu tho na.
tion, whichis directly in the face Of the
con9tilutional provision which gives to the
acts of national Government alone the au.
thority Of the supreme law of the land,
binding the Judges in every state, anything
In the constitution or laws Of any state to the
contrary Notwithstanding The writ Of ha.
beus corpus is therefore regulated exclusive.
" 10y the authority created by the Const-
tuition, and no state can make any law TO
take away the privilege from one who ell
joys il, or to restore the privilege to one
from whom ii has been taken away by the
authority of the Constitution. No state
eau imprison man set free by this author-
ity, and no state can set Tree a man impris-
oned by this authority Let us stand by
"lhe Constitution as il is." ..a .t
A case recently come up at Boston, be.
fore Judge Clifford of the U. 81 Supreme
! Court. A man named William ii. Win
/ der, resident in Maryland, was imprisoned
in the summer of 1861, aloug with con-
siderable number Of his neighbors, on suspi-
cion of reasonable designs; and for safe
keeping they were sent to Fort Warren, in
Boston harbor. After while, as Mary.
land subsded into loyalty, the prisoners
were informed that they could 60 ut large
on taking the oath Of allegiance, hindiug
themselves TO submit to the laws aud Gov
ernment Of their country Most of them
readily embraced the offer, but Mr.. Wiz.
der resolved to endure martyrdom in the
cause of diSloyalIy, and is therefore, still in
Fort Warren Recently, however, he en-.
ployed three Phiadelphan lawyers to cote
Boston and sue out writ Of habeus cor.
pus before Judge Clifford whose known
predictions has secured him the appoint
ment Of Judge from President Pierce.
The Judge promptly granted the writ,
retHrnable forthwith, saying expressly that
the issue of the writ was not intended to
apply 10 or prejudice any question that may
hereafter arise on the return of the same.
Well the marshSl took The writ, requiring
the colonel commanding to bring Winder
before udge Clifford and within the charms
of the Philadelphia lawyers, and proceeded
to Fort Warren to execute the precept,
but at the gate of the fort be was met and
was told he couh not go any further
| - IL Iol H.,
and reported tue facts to Judgc Clifford
and the Philadelphia lawyers went to their
homes. I"''. 4
There has been case in New Hamp
shire, before Chief Justice Bell of the State
Supreme Court, who issued writ Of ha
beus corpus to bring up one Nathanie
Batcbelder, arrested for diSloyal practices
and the marshal replied. under orders o
Hon. Joseph Holt. U. S Judge Advocate
General, declining to produce the body.
The order from Judge Holt also directed
the marshul, should any attempt be mad,
to release the prisoner by civil authority, tt
appeal for support and protection in tn,
discharge Of your duties TO the miitar!
force Of the vicinity. '2'
Another opportunity was taken for ,
demonstration by one of the New Yorl
city indgcs, Hoa G.. G. Barnard, of tb,
n. Y. Supreme Court lie issued SOM
Writs in the case Of a soldier said 10 be il
legally enlisted. The captain promptly re
sponded that The man would be produced
on Monday
The promise Of the judge to find power
enough in this city to execute his writ, oil
to call upon the whole Democratic party
for assistance, in a case where no oppcsi
tion is offered, looks more like party tricI
han grave judicial utterance; aud th
, closing reference 10 what was TO be don
next Tuesday" strengthens the suspicion
of political design, as The motive for th
f speech if not of the whole affair. The ia
iimation of the use Of force, put forth frou
: a partisan Judge on the eve of a hotly cor
, tested election, is to be judged as to its OF
, jGct after the election is decided.
We have not room TO so further 10 th
$ detail of cases. These recent ones are thu
. curSorly presented in order that the pee
t Pile may see how The matter stands, Fo
. the people, in their sober judgment an
e their deliberate deter mination, are the u
, innate arbitcrs who have to decide tn
: grave question before us, as TO when {
9 why or how the privilege OF The writ Of b
D.. beus corpus is to be suspended, when
cases of rebellion or invasion the public saf
: ty may require IT, Independent.
raN-