The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-05-21

1
verse decision Of the Circalt Court
made when both Judges we're on III
Benchg 1t is we'll known that the Dis
tr'c. Judge, though anthorix. d to sit will
the Circuit judge In the Circuit Curt
DOES not occnpy the same official position
aud tha. the Latter Judge when present is
er o6'eio. the presiding Judge. 1t is OBJ
sious that confusion and uncertainty
greatly impairing the gcspect due to th,
adJndicaiions OF the Circuit Court of th,
United States, would result from the as
sumption Of such an exercise 0f power By
The District Judge. Il would not onIy
bs disreepectful to the Superior Judge
bnt would esiDee in the District Judge
an utter want Il appreciation OF his tru,
thclal connection With the Circuit Cour,
! Nov, in psssing upon the application
Of Rupert, Mr.. Jus,ice Sssyne in ar
opinion II som. length, though not writ
Tn, Distinctly held, tha,this Court would
not grant the writ OF hsbeas corpus. when
il appeared .thst tie detession or i'm
prisoument was under military suthori,y
1t is true, thst Rupert vas a man in
humble posi'ion-unknown beyond the
narrow circle in which he moved while
The present pesifiuner bas widespread
fame - . prominent politician aud states
msn. Bas no one will 10 ist that there
should To any difference 10 the principles
xppfirvbis to the Two csse-. II say dis
JUNCTION we're allowable, it would be
against him u sdmitted intelligence and
distinguished salents.
might With entire confidence place
the ercunds OF ae,ion ps,pose in the
present case. upon the decision OF the
learned Judge 10 tha, jsst referred To.
Even If ] entertained douLts ef the sound
ness Of his views, see no principle on
which could be Testified in treating the
opinion ~ void OF authority. But the
oeunsel Of Mr. Valland,ghsm vas not re-
siricted in the Argument Of this motion
TO this point. i, seemed duo to him tina,
the Court should hear ~hst could be
urged against the legality Of the arrest,
an in issor Of tho interposiiion OF the
Court 10 behalf of the petitioner. And
have been greatly interested 10 the forei
| hle argument which has been sabmiit-d
though unable to concur with The spea ker
in all his conclusions.
If IL we're my desire TO do so, have
not the physical strength 10 notice or dis
cuss at length the grounds on which the
learned counsel hs. attempted TO prove
the ilegaii,y Of General Burnside's order
fr the arrest OF ii aliandighsm, aud
the duty of the Court TO grant the wri,
applied for. The basis of ,he whol+ arau
men. is the fact that Mr.. Vailaudigham
not being in the military or naval ser,is.
of the Government, aud not therefore sub.
ject 10 the rules and articles Of war, wa,
not liatlc to arrest under or By mi.i.ar,
power. And the Various provisions OF
The Constitution, intended to guard the
citizen against unlawful arrests and i'm
prisonments, have been cited aud urged
apoa the attention Of the Court as having
direct be airing on the poiut. Il is hard.
y .eces sary to quote these excellent guar,
antees OF the rights and liberties OF an
American eiiitix IN. a. they are faiuiiia,
| ~ GfSty fN1BNt W tIA Spu~tituttUu. n uu
it may be conceded thu, il, by Just con.
siruc'ion OF the constitutional lowers oi
ibe Government, in the solemn emergency
Low .x'sling, tllty are applicable Ia, atd
mast control the question OF, the legality
Of The arrest Of the petitioner, it caanol b.
Sustained, f,r the obvions reason that M
warrantwas issued "upun probable cause
supported by oah or afiifmatipp,' AS l.
required in ordinary arrests for alleged
crimes. But are there not other corsid
erations of controlling character sppli
cable u the question Is not the ourl
i"per.iivcly bound to rstard the prcssn,
state Of The country, and, is tide lixh,
which Is throvs upop the sui Ct. V d.
eide upon the ,xpediency oi interfering
Hi'h the exercise Of the military power as
inycksi Ia The peading appiica,i"n. . The
Cosrt cannot shut Hs eyes " the grave
fact that war exists, involving the mos,
imminent danger, und threatening the
-abvervion and destruction OF the COnsti-
I zion itself. ~ ~, judgment. when The
liie Of the Republic is imperilsd, lc mis.
takes hi. duiy and obligation ~ : patriot
Who Il not willing TO conoede TO The Con.
s'iaiion such capacity OF adapiauon Ia
Circumstances ~ may be necessary te
,aee. great emergency, aud save the nv.
ti"n from email. - ruin. Sell-prescrva.
ton is a paramount law, which nation,
as we'll as ap individual, may End it nee.
essarv to invoke. Nothing u iasarded
N saying. that the ur.st and far seeing
men who framed the Constitution of the
United Stat.s. supposed that they were
tsying the foundations oi our National
Government on nm immovalle basis.
1 They did not contem lls,e the existenc.
of that state u things with which the na
tion 10 now unhapp ly confronted ih.
heavy pressure II which Is felt by every
true patriot. They did not recognize III.
right Of secession by one or more Slatt 8
for the obvious reason that it wonld hay,
been an porslion Of an element j,
| the Constitution for the destruction o
the Uaion. In their glowing visions 0
fntuiity, there was no forsshadowing OF
period when the people Of large geo
graphical section would be guilty Of III
madness and the c,imo Of arsayiuR them
selves 10 rebellion against Government
under whose mild and benignant sws,
tlAere was 90 much of hope snd promis
Tor tho coming ages. We need not bo sur
prised, thsrefore. that. in The organi
law which they gave us, they make n,
sneciHc nnows.san "a. ~n.L II