The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-05-27


abuse Of his authority by impeachment prOss
cuted according 10 the requirements OF The CON.
sti,uuor. The occasion which calls Tor the a.
eTcise OF this power exists only from the neees.
SHY Of The case and when the uece ssitv exis,.
there l. Gear justification OF tie act.
II this view 90 the power OF the President i
cofreo. it undoubtedly implies the right 10 Ar.
rest persons. Who, by their mischievoas acts ~
di>losal impede o. eudauger the miltar, On.
erauous 81 the Government. And. ~ the nec..-
sky exists. see DO reason Nhy tie poser DDS
not attain ic tie officer of Gruetai Ia comn,.rs
OF a military department. The ouly reason whv
tae appointment Is made, Is that the Pr,s.dent
cannot discharge the duties in person n.
therefore. constitutes an agent 60 represent l,,
eiolhrd ~ill the necessary poser Tor The enc
lent supervision O. the military Interests If he
Goveruucu. thrcus hout the department "A
it Is uot necessary that marital law should Ia
/ proclaimed or exist 60 enable the Grne1ai !,
/ command To perform tue du.ic- ASS sued 10 h,n
/ Marital law vel defined ey au able ais, 10
oe "the ~il OF a military commando. operating
without auy restraint save bis judgment. iron
/ the lives. upon the entire social anc individual
condition o. al over whom the law o1teuas~
q caanof be claimed thar tins law was in opera.
uou n Gen Barnsides department when Mr.
NalandieA4m was arrested
Nor i 10 necessary that it sholii have been
In force 90 justify the arrest Toe power vest
ed by vifiac OF the aui hor'ty was conferred bv
the appointment oi the President.
There J. clearly no authority in this court. On
ihe pcudug motion. 10 revise or reverse the
proce, dings OF the Military Commission. II they
acre before the coatt The sole question i
shefher the arrest was legal. and. ~ teiore re-
marked. IT, legality depends upon the n,cessitv
Which existed for making o.. and OF that neces.
SHY. for the reason stated. this court cannot
indcisiiy determine. Ger. Burns DE i. uioa.s
tiouabs amruahe % tie Executive Dciarfren,
Tor hi- conduct ID be had acted afbiiraiii, and
upon insufficient reasons l. is Within ihe po~er
aud would bee the daly q the President. uoi only
20 anul hi, acts. but 10 s'-it tiu With decisive
marks OF hs disapprobation. To ihe President
IL his capacity 81 Commander iu Chief Of the
army. bee nust suswer for bis official conduct
Buf. "a d,I our constitution. which -tudlou-ly
seeks TO keep ihe executive. lce 'siit'ge ard 10.
licl4l dt lAI tnitnts oi fhc Government from al
Interference and colacI With each other i
would he an uusarIaut4b.e exercise Of the iadc.
iai poser 90 decide that co-oidnaic hralch Of
the Government acting under iis sigh r,spousi.
bilt,s had violated the constitution. in A. let.
ter OF 90 IT, spiut 10y Authorizing the arrest 10
question E-p,ci4ly these troubous times
hen tAc National lie D. IN peril, aud ~hen
4 union AID harmony among the fi-rrni branch.
90 OF the Government are 20 imp,ruively de-
manded. such interference would hud no excuse
or vindicaron. % he docirine Is TO obtain. that
I. every one charged with, aud guilty OF acis OF
misch'evous iisioyal,. not wi.hiu the scope OF
he criminal ANS oi the land. iu cusfod, under
military authority. Il q be set ifte b. courts or
Judges ou habeas corpus. it required argu.
meut 60 prove hat the most alarming coihcis
must ioli0N, aud the power OF the Government
- be most seriously impair,d dare not Ia my
jud C al position. assume the fearful responsible
+ ty implied in the sanction OF such doctrine.
But | cannot pursue this subject further.
am aware that there are pou,s made by the
+. learned counsel representing Mr. Nalisudigham
, 10 winch have MOI averted have had uei
ther time nor strength for d more elaborate con-
sldefation Of the questions involved IA this ap-
4 pcation. For the nasous which have a..
tempted 10 se forth 1 am lead CLEARLY 20 the
. cone u-ion that | cannot jadcisily pronounce
, the order az General Bafnsl1 Tor the arrest Of
=, Nr. aliaudg CHAM a. % nuihty. aud must there
tore, hold that 10 ihci,nt ground has been
y exhibited for grating tho Wit applied for And
| NAV properly add here, that ! an fortified ia
D. my conclusion b. the fact ja-t brought 20 my
j., notice, that the Legislature OF ONO. al MS lale
d. Session, bad passed. tao satutss in which the
a validity md egat' OF arrests la III. STATE. un.
der Hilary Authority, are distinctly sanctioned.
. This Is a clear indication of the opinion II that
+. body, that ihs rights and liberties oi the people
are nor Inf in jeopardy bv the exercise OF the
power d. question aud is moreover. a couccs
ga that the present state of the country re-
, qures and jssuhcs It's exercise Il IL cleai
! numa,ion that the people az oar patriotic
i State all sanction such construction OF The
/ Constitution a., without a clear violation Of the
: etier. will adapt il 10 the existing emergency.
i, There h. one other consideration 90 which
= may. perhaps. properly refer. not A. reason Tor
:. refusing the viii applied for, bui Tor the pur-
4 pose oi saving that IT granted there is prob
abi.iiy that IL would be available in relieving
Mr. Naihndghan from his present position. Il
a D.. at least, morally certain that would not be
o5eyed. aud confess | am someah hat reluctant
d. 90 authorize process knowing that 70 would
, not Doe respected. and that the court il poeer
:. less 20 euioice obedience. Yet 81 satisfied that
!. there were sufficient grounds for ere slo~ance
o. the wilt fhe considerations % which have
l. advefted would not be conclusive against it.
% FINniSG The SENTENCE
u, The Commission. after mature denbeiation
4 on the evidence a8luced and the statement OF
o. the accused, found the nccu-ed gsilty Of the
o charge. and also Of the specifications except the
j. wefd-
. That propositions by which the North ern
= States could De won back, and The S0lih guar.
4 anted their rights under the constitution, bad
4. been r -cted the das before the battle Of Fred
= ericksbufg, by Lincoln and his minions" mean.
, ing thereby The President OF the United States,
5 aud those under him ia authority, and the words
Z, asserting that be firmly believed a. me asserted
Z III months ago, that the men in power are a.
Il tempting 10 cab i-h a d,spotsm 10 THE c0un-
try. moie cruel and more oppressive than ever
existed before, aud be va sentenced 20 close
q confinement DO Fort Warren during the var
This sentence Was subsequently, modified by
o the Pres denf ard Vallandghsn has been sent
within the rebel lines.
NARROW eCAFEs AND LINES Or Gas HOOK
i ER-t,-n Hooker j. n0~ isiig very ll o. fal-
n mouth in consequence, mainly. a. 20 il believed,
"a Of the terrible shock he received from a nnJn
ball during ore 81 the earlier dsys Of tie opera
!. lions a. Chanceii0r-viie. TIE ball struck pill
lar 81 the house against which BE- va lea1ing 81;
. thar time lie vas knocked % the ground and
. remained senseles- for tsenfy thirty minutes.
= IL seems hardly possible that be could have re-
. covered from such a shock - a. o. have been
. qualified % enter again, a. be did j upon duties
. 80 Eeighfy that the strongest might vel bend