New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-29
a War HyIru.

Thou who ordainest, for the lands salvation,
Famine, and fire. and sword, and lamentatiOD,
Now unto Thee we lift our supplication,-
God save the Nation
By the great aign, foretold, of Thy Appearing
Coming in clouds, while mortal men stand fear
ing
Show us, amid this smoke of battle, clearing,
Thy chariot nearing
BY the brave blood that howeth like river,
Hurl Thou thunderbolt from out Thy culver !
Break Thou the strong gates Every fetter SILVER
Smi.o and deliver
Stay Thou our foea, or turn them to derision,-
Til, through the blood-red Valley Of Decision,
Peace on our fields shine, like prophets vision,
Green and elysian
Indep.ndsntI THEODORE TILTON.
The HAnEAs CoRPus CASE IN VERsosT.-in the
limited States Cont last week The Rutland Herald
reports judge Smalley gave decision in the case Of
United States Marshal Baldwin, charged with con-
temp of Court in refusing TO surrender three parties
against whom treason was alleged, under writ OF
habeas corpus in violation OF the Constitution OF the
United states. The decision OF tno COurt Was III
substance az follows:
That the orders OF the War Department, under
which the men against whom treason was alleged
were arrested, were in violation Of the provisions Of
the Constitution of the United States, and were
therefare illegal and void. That If, under the pro-
visions Of the Constitution the President had the
power to suspend the writ Of habeas corpus, he
could not delegate that power 10 his subordinate
officers. That the Constitution made the President
Conmander-in-Chief OF the military forces of the
United States and that this, with the provisions Of
the laws Of 1875, which hd been declared TO be con
stitu,ioua conferred on tie PRESIDENT power 10 de-
clare martial law; and. MAJ a law having been de-
clared by tie Presidents proclamation OF the 9th OF
September ipso faoto the writ Of habeas corpus was
now suspended. Therefore, If the said Field was
now produced before the Court, he could not be dis
charged, but woud have 10 be Temanded 20 the Gus
tody of the Marshal. On the lst Of September,
when those proceedings were Instituted against the
Marshal, the writ Of habeas corpus was not lawfully
eusJendsd and 1t was justification 20 him that he
acted under the orders Of the War Department
those orders having been issued without the author
ily Of law. Marshal Balwin was accordingly de-
cared guilty OF contempt Of court and fined 800,
which he paid, declaring that the only incentive of
his action had been the DEERE TO do lin duty TO tue
Government faithfully.
OsrrISe ORDERs.-The Republican classes all
the Republicans as Abolitionists. This is in pur,u-
ance Of Il recent order issued by Beaurcgard, which
is TINS announced in a letter TO Gen Bragg;
by and by hiuk ought hereafter In orr oaca papers.
70 cs the Ysnteei "Aholtionist" instead Of Fcderaa
FOR they proc m NOS only the abolition Of Slavery bit
elect Western enemies intend to isue general
order TIC sahjee, Whenever ss'uns e9nT,nd
snccrey your friend. g. T. bLAlkEgARD.
Gen. BE,IroS BHlGG, Commanding Department No ?
Mobile. Ala
The Republican has probably been served With
Al. - -