The New York herald., 1863-07-30


sent The copperheads and the abolitionsts
will do their utmost to increase this excitement
during the next Presidential campaign. We
therefore exhort the conservatives to modera-
tion The liberties Of the people will be sac
riiced II their passions are further inHamed.
Let the conservatives refuse to coalesce with
the copperheads. Let suoh conservative organi-
zations as Tammany Hall set the example In this
policy. Ifit be persevered in the copperheads
will soon be crushed with the abolitionsts, and
will be glad enough to do the meanest services
for the successful party. If, on the other hand,
our advice be disregarded and the fanatics of
either party again obtain the ascendancy,
nothing but miracle of Providence can save
us from destruction.
The Mexican Empire and she Southern
COnfederacy. 4E
We presume that the Richmond and Mobile
papers, which shout so exultantly over the
temporary success Of Napoleon's invasion Of
Mexico, reflect pretty fairly the sentiments of
the rebel leaders. An empire, monarchy, an
aristocracy, has been the favorite dream Of
those ambitious demagogues, and to realize It
they plunged the country into q most fearful
civil war, making the poor whites of the South
take up arms in support of system Of govern
ment in which they would be denied all voice
andin6uence. Nevertheless We rather think that
the exultation comes all too soon. Much as the
Confederates may long to have Frenchmen for
their neighbors, we are afraid they must sub
init to disappointment In that respect; for even
though the United States were inclined to let
the French hold peaceable possession Of Mexico,
and to indulge the rebels in their desire for a
confcderacy, still the wide extent of Texas
must intervene between them. The Mississippi
river, which our arms have wrenched from
rebel control, will never again be allowed to
pass into it, nor will the trans Mississippi
region revert to Confederate authority so long
as there is any strength left in the arm of the
nation. 1t might be very pleasant for the
rebels to have such polite neighbors as the
French; but they must forego all idea Of that.
and, If they will have neighbors at ali, they
must have such rough ones as the Yankees.
In the meantime we hope that Louis Napo-
leon, or the Archluke Macmillan, or Prince
Napoleon, or Prince Jerome, or General Tom
Thumb, or Commodore Mutt, or whatever other
high parsonage is to occupy the imperial throne
in the city Of the Aztecs, will set diligently to
work, clean out the cutthroats and robbers,
restore good order and decent society. set all
the industrial classes to work. and have every
thing in the best possible trim by the time we
shall have got through our present war, and
will be ready to extend a polite invitation to
him to return to France or Austria, or Bar
NUNS; In fact-not to put too fine point
upon ito vamose the rancho.
THE HABnAs CoRPus- TRIBUNE IN A Foo
The Tribune, in commenting on the recent
order OF General Burnside to the officers and
provost marshals under his command to disre-
gard the writs of babeas corpus from State
courts whore prisoners are arrested and held
by the authority Of the United States for
offences against its laws, strange to say, quotes
Judge Taney in support of Burnside.
Floundering in the mud and enveloped In
thick fog, the Tribune cannot see any iistlnc-
ton between cases which widely differ. 1t is
pretty much in the condition OF such of Lees
troops as were left behind on the night Of his
escape across the Potomac. The case which
Judge Tsney decided is totally different from
that which is raised by the order Of General
Burnside The case decided by Judge Taney
and the United States Supreme Court was that
Of a prisoner convicted and sentenced by .
United States Court In pursuance of the civil
laws of the United States, but which sentence
was set aside and declared to be illegal and
void by State court. This was an attempt Of
State court to revise and annul the proceed
ings of court Of the United States which was
very properly declared to be unconstitutional
by the highest tribunal in the land. But this
has nothing to do with the question whether
State court has right to inquire whether a
citizen, under pretence Of United States law, is
legally arrested and held in custody or whether
military law outside OF camp is superior to
the civil laws Of the country
| In this State, as we'll as in other States a
special law has been enacted which draws this
distinction in order to avoid collision between
the jurisdiction Of the State and federal au-
thort.es. II the prisoner is arrested under the
authority Of the United States laws and by the
| federal agents. and has not been committed, he
may be brought up on habeas corpus and dis
charged if there be no legal cause Of detention
against him. But If he has been committed
there Is an end to the jurisdiction Of the State
courts. II, therefore, the United States pro-
vost marshals and other military officers desire
TO avoid any unpleasant and dangerous COLI
sion between the federal and State authorities,
let them have the prisoner committed at once,
and then no State Judge will venture to issue q
writ Of habeas corpus. wise and good man
advised, LET all things be done dccently and
In order.r The inhabitants Of this country
have long had the reputation Of being law
abiding people. Let us now, one aud all,
| prove our faith BY our works.