Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-05-27
vallandigham Habeas Corpus Case.
OPINION OF JUDGE LEAvITT.

Circuit Court, denying the application of
O. L. VALLANDIeHAN for writ of habeas
corpus, is published in full in the Cincin.
natl Gasstts.
The application is denied on the ground
that military arrest in time of war is
legal arrest, if the necessity exists, and.
therefore, military arrest is not of itself
q sufficient showing for the issue of the
writ of hdbeds corpus, and the practice OF
the Court is not TO issue il without sniff
Gent showing. Also that the military
power is a coordinate branch of the Gov
eminent, with its just constitutional re-
sponsi bilities, and that the Court would
not be warranted in assuming that its acts
were illegal, and in interfering to revise
and reverse them.
Judge LEAvITT states that an applica-
ton for writ of ha6eas corpus last year
to Mr.. Justice SwAYNE, the District Judge,
by one BETHUKL RUPERT arrested by mill
tary authority, WAS denied. In that case
the Judge held that the writ was not
grantable of course, and would only be al
lowed on a sufficient showing that it ought
to ISSUE" and further that "the court
would not grant the writ when it appear
ed that the arrest or imprisonment was
under military authority"
We annex some extracts from the opin-
ion:
COURTS BOUND To REGARD THE STATE OF
THE COUNTRY.
Is not the Court imperatively bound to
regard the present state OF the country,
and, in the light which it throws upon the
subject, to decide upon the expedIency of
interfering with the exercise OF the mill
tary power as invoked in the pending ap-
plications The court cannot shut its eyes
TO the grave tact that war exists, involv-
ing the most imminent public danger, and
threatening the subversion and destruc-
ton of the Constitution itself. In my
Judgment, when the life of the Republic
Is imperlled, he mistakes his duty and OBJ
legation as 6 patriot, who is not willing to
coDcede to the constitution such capacity
of adaptation TO circumstances as may be
necessary to meet great emergency, and
save the nation from hopeless ruin. Self
preservation Is paramount law, which
nation, as well as an individual, may find
| it necessary to invoke.
THE WAR POWER OF THE PRESIDENT UNDER
THE CONSTITUTION.
Nothing is hazarded in saying, that the
great and far seeing men who framed the
Consultation of the United States, suppos-
ed they were laying the foundations of
our National Government on an immOva-
IL Il IL ~
existence of the state of things with which
the nation is now nRhsppily confronted
the heavy pressure of which is telt by ev-
cry true patriot. They did not recognize
the right OF secession by one or more
States, for the obvious reason that it would
have been an Incorporation of an element
in the Constitution for the destruction of
the Union. In their glowing visions of
futurity, there WAS no toreshadowing of
period, when the people Of a large geo
graphical section would be guilty OF the
madness and the crime of arraying them~
selves in rebellion against Government,
under whose mild and benignant sway
there was so much of hope and promise
for the coming ages. We need not be sur
prised, theretore, that, in the organic law
which they gave US, they made 10 specific
provision for such lamentable occur
renee. They did, however, distinctly con-
template the possibility of foreign war,
and vested in Congress the power to de
clare its existence, and ''to raise and sup
port armies" and ''provide and maintain
navy" They were aware that the
grant OF these powers implied all other
powers necessary to give them full effect.
They also declared that the President OF
the United States 'shall be Commander
in-Chief of the Army and Navy, and of
the Militia OF the several States when
called into actual service" and they plac-
ed upon him the solemn obligation 'sto
take care that the laws be faithfully exc
cuted."
Under this last named provision, and in
reference to a local rebellion, in which the
laws of the Union were INSTRUCTED, the
act of the 2Sgh of February, 1895, was
passed, providing In substance, that when
ever in any State the civil authorities of
the Union were unable to enforce the
laws, the President shall be empowered to
call out such military force as might be
necessary for the emergency.
DUTY OF CITIZENS.
1t is not 70 be disguised that our coun-
try is in imminent peril, and that the cri
sis demands of every American citizen a
nearly support OF III proper means Tor the
restoration of the Union, and the return
of en- honorable peace. Those placed by
the people at the head of the Government,
are earnestly and sincerely devoted to its
preservation and Perpetuity. The Presi-
dent may not be the man of our choice,
and the measures of his Administration
may not be such as all can fully approve.
But these are minor considerations, and
can absolve no mar from the paramount
obligation of lending his aid for the saliva
ton of his country. Ali should feel that
no evil they can be called on 10 endure as
the result OF war, is comparable with the
subversion of our chosen Government, and
the horrors which must follow from such
u catastrophe.
GEN. BURNsIDE's AUTHORITY AS THE PREsI.
DENTS AGENT.
Now, the question which | am called
upon to decide Is, whether Gen. Burnside.
as an agent OF the Executive Department
OF the Government, has transgressed his
authority in ordering the arrest of Mr.
Vallandigham. If the theory of bis coun-
sci is sustainable, that there can be no lie
gal arrest pxceDt bV warrant hooad ON -,