Weekly national intelligencer., 1863-06-18
NATIONAL INTELLIG ENCER
JUDGE LEAvITTs OPINION.

who proposed to himself the task of defending
Judge LEAvITT from some anmadversons wnion
he assumed to have been improperly cast upon tnat
Jurist by the references recently MADE 10 mis-
ruInos and uterances on the occasion of the appli
cation made to him by the attorney OF Mr.. Vailan-
diobam for writ of habeas corpus addressed to
Cen Burnside We remarked at the same time
that as the author of this communication replied
70 onr apimadversions without having our articles
before him, and professedly "relied on his recol-
lection for the substance of them" we could find in
this fact sufficient explanation of the misapprehen
siops under which he labored in seeking to defend
Judge Leavitt from certain charges without know
ing exactly what they are. We then added that
if the apologist of this officer would fully possess
himself of the allegations made, and should then
think it worth while, at the instance Of Judge
Leayitt or in his behalf, to undertake vndication
of the conduct of the latter, should gladly make
room for it, as with the lights before u.s. conceived
the conduct of Judge Leavitt in refusing the pri-
yilepe of the writ to stand greatly in need of ex-
PLANTATION.
As we have since received, from source enti-
tied to all confidence and respect, the assurance
that it would be satisfactory to Judge Leavitt to
have the communication Of Mr.. Perry (the cor
respondent designated) inserted as it stands, we
eheerfully comply with the request, and invite the
attention of our readers to the paper as it will be
found in another column. At the same time, in
compliance with rule we prescribe to ourselves In
such cases, wherever it is practicable, we make
room, at some inconvenience, for the opinion pro.
nounced by Judge Leavitt in refusing to issue the
writ Of habeas corpus prayed by Mr. Valiandig-
ham, requiring Gen. Burnside to produce the
h,dv Of the petitioner before the court, with the
o,use of his caption and detention. The reader
will give to this paper the attentive perusal it in
vites. as well because of the high official source
whence it emanates as Of the Importance of the
subject on which it treats and the novelty OF the
doctrines propounded-
As the communication of Mr.. Perry was written
under no very clear perception Of what ne was re-
plying TO, we may leave our regular readers, who
have before them the articles in question, to de-
o;de how far it serves to vindicate the conduct Of
Yudve Leavitt from the animadversions we felt II
our duty to express in view of the decision tt
which he came, and especially in view OF the
grounds on which it purports to be based. Ii we
were in any error as to those grounds at the date
of writing what we did, our readers are certainly
not now left in any ignorance on this score with
the elaborate opinion of Judge Leavitt spread be
fore them in all its length.
II will be seen that this opinion is embodied il
the following propositions, which exhaust the argu
meut and announce the doctrine OF the learne
Judge:
Tbs, il was settled by Rupert's n the last Oct
her term of the court Mr. Justice swsyne sttng
,ha bench with Judge Leavtt that the court would nc
snt the writ OF hsbeas corpus when appeared tha
TIE detention or imprisonment under military autht
rity" ..s., r,o,..;,,,,o, ;nts,1
the citizen against unlawful arrests dimprsor
as cited and urged upon the attention OF the cour
in this case, inappllcabe 10 IT, insomucn tnat wa
h.raY necessary TO quote these excellent guarantees
IN. rights and liberties Of American citizen as they ar
familiar 70 every reader of the Constitution And
NAV be conceded added Judge Leavitt that by JUS
construction Of the constitutional powers OF the SoVern
mani in the ,oemn emergency now existing they are sp
nlc,ble TO- and must control the question OF the Legality
Of the Of the petitioner cannot DC sustained 10
t by;ou, reason that warrant was issued upon pro
hsble can,e supported by oath or affirmation, as re
auired in ordinary arrests for alleged crimes"
That the court cannot shut its eyes to the grave
a., ,bst war s1ists involving the most imminent public
sr .na threatening the subverslon and destruction
~ Constituton tssf; and that when the life OF thu
Rspublc p impered he mistakes bis duty and obligation
a. n.trot who il not willing to concede to the Consttu
ton inch capacity OF adaptation 10 circumstances may
b to meet the great emergency and save th'
nation from hopeless ruiD|
That IL il is the duty of the patriot to "concede
,hs ou,ttu,ion such capacity OF adaptation to clrcum
src.s 4, may be necessary TO meet great emergency
4, s.o true that present 10 clearly not time wheI
ny one connected with the Judicial department OF the CO.
venment should allow himself, except from the most strn
cent Of duty to embarrass or thwar the Execu
IN nj. Efforts to deliver the country from the Danger
uhich press so heavily upon IT,
That the precise extent Of Gen. Burnsides AUTHORITY
- tbs re,popsbe position to which he has been assigned
!. ,hs President 10 not known to the court IL may how
- he oroperly assumed fair presumption that tn
Pre.ident has clothed him with all the powers necessa
IN the efficient discharge OF bis duties IN the station
v.hcb be has been called, and IN which be Is the repre-
,,t;,e and agent of the President within the limits
his department If a.. ,or,n.
th. President may rightfuy exercise 10 time OF war,
commander Of the army and navy nor are the
as6ned by legislation No one denies, however that IN
pes;d.nt 10 this character invested with very mig
nower And in deciding what he may rightfuy do uDde
~ noxrsr where there 10 express legislative declara
ton the President guided solely by bis own judgmeD
"a a;.cretiop and 10 only amensbe for an abuse Of bi
authority by impeachment prosecutor accofooe tne 10
an,remeut OF the Constitution
y That II this view OF the power OF the President
correct II undoubtedly implies the right TO arrest person
who by their mischievous acts OF dsoya lmpeoe or en-
Danger the military operations of the Government
n That attaches 70 The Ofncer or Gene
al In command Of military department
That Gen. Burnside 10 a man eminenuy htteo tor tn