Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1863-05-27
The vaIIandigham Habeas Cor.
pus Case.

re The vaIIandigham Habeas CO
r pus Case. F.
> JudgesLeavitt, Circuit Court, Refu
es the Writ
f On Saturday morning, Judge Leayi
/ of the United States Circuit Court. del
d cred his decision, in Cincinnati. on I
e application of C.. L. Vallandigham for
: writ OF ha6edS cOTpHS. The Court beg;
! by reclting the circumstances of the Q
e rest and confinement, together with Il
t grounds upon which the application 81
P based. The Court had previously inforr
2 ell counsel that the writ would not
r granted unless sufficient ground W;
shown, and directed notice to be give
/ General Burnside, who had replied in a
able and respectful communication, an
, was represented by counsel in the argl
ment, on the application. The case {
Rupert, involving similar principles, ha
been already decided by Justices Sway
and Leavitt, and the Court would not r,
verse that decision. In that case Justic
Swayn distinctly announced that h
would not grant writ of haJeqs corn,
when 1t appeared that the arrest and de
tcntion was under military authority
Judge Leavitt might have based his de
eislon upon this broad ruling, but conclu
ded to hear the arguments of Vallandio
hams counsel
I The basis of this whole argument wa,
the fact that Mr.. Vallandigham, not be
ing in the military or naval service of the
United States, and not therefore subject
to the rules and articles of war, was not
liable to arrest under or by military DOW.
er. And the various provisions of the
Constitution, intended to guard the citi.
zen against unlawful arrests and impris-
onments, have been cited and urged up-
on the attention of the court as having a
direct bearing on the point.
But are there no other considerations
OF controlling character applicable to
the question Is not the Court impera-
lively 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 interviewing with The
exercise of the military power as invoked
in the pending application? The Court
cannot shut its eyes to the grave fact
that war exists, involving the most immi-
nent public danger, and threatening the
suoverslon and destruction of the Consti-
tuition itself. In my Judgment. when
the life OF the Republic is imperilled, he
mistakes his duty and obligation as pat
rot, who is not willing to concede to the
constitution such capacity. Of adapta-
5lon to circumstances as may be necessary
10 meet great emergency, and save the !
nation from hopeless ruin. Self-preser-
ration IS paramount law, which a ma
ION as well as an individual, NAV find il |
necessary 10 invoke. Nothing is hazarded !
N saying that the great and far-seeing |
men, who framed the Constitution of the |
! lnlted States, supposed they were LAYING
he foundation Of our government on an
basis
Acting upon this view of the future. no
xpreSs provisions, of course, had been
lade for case like the present, vet suf-
clent power was conferred in general
erms. The hearty and unqualified sup
ort due the government 10y every citizen
as then referred TO by the Court.
1T Is clearly not time when any one I
with the Judicial Department.
Government should allow himself ex- I
spt from the most stringent obligations {
duty, to embarrass or thwart the exec
tive in his efforts TO deliver the country {
ON the dangers which press so heavily Z
pom 1t. Now, the question which am i
He'd upon to decide is,whether General '
as an agent of the Executive /
apartment of the Government, has e
ansgressed his authority in ordering the O
rest OF Mr.. Nallandigham. If the the C
y of his counsel is sustainable. that Is
ere can be no legal arrest except by L
lrrant based on an affidavit of probable a
use, the conclusion would be clear that V
e arrest was illegal. But do not O
INK am bound to regard the inquiry Il
occupying this narrow base. General o.
Irnside, by an order of the President. Al
5 been designated and appointed to a:
le military supervision of the Depart g
mt of the Ohio, composed of the CT
.tes of Kentucky, Ohio, Indiana. Illi- te
is and Michigan. The precise extent nj
his authority in this responsible situa- ii
not known to the Court. 1t NAV. how "
'r, be properly assumed as fair pre- to
nptlon, that the President has clothed wi
n with all the power necessary to the tn
cient discharge of his duties, in the wi
ton to which he has been called. He tn
the representative and agent of the us
'sldent within the limits of his depart of
MT. In time of war the President is va
above the Constitution, but derives let
power expressly from the provisions do
that instrument declaring that he tn,
II be Commander-in-Ch Chief of the Ar its
and Navy. The Constitution does ogl
specify the powers he may rightfully arl
rcise in this character, nor are they of
ned by legislation. No one denies, a C
ever, that the President, in this char ins
r, is invested with very high powers. be
ch it is well known have been exer- reI
on various occasions during the the
ent rebellion. A memorable in An
ce of its exercise is seen in the the
lncipation Proclamation, issued by the
President as Commander-in-Ch Chief, per
which he juStities as a military ne on
lty. 1t is, perhaps, not easy to de- wol
what acts are properly within this I
gnatlon, but they must undoubtedly, the
mited TO such as are deemed neces- by
to the protection and preservation of Va
Government and Constitution, which yer
President has sworn to support and sire
nd. And in deciding what he NAV tiOT
fully do under this power. where pile
is no express legislative declaration attt
President is guided solely by his own to
ment and discretion, and is only pro
lable for an abuse of his authority for
prosecuted according null
e requirements of the Constitution. sum
occasion which calls for the exercise graz
is power exists only from the neces- may
IT the case, and when the necessity ned
), there is a clear justification of the brol
r-s - of Q
this view of the power of the Pres stat