The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1863-01-21


ne Very Beat ~fi leave At $40 .. for the morn.
leg trala, and n for the evening train. Pas
ssa1efs procuring tickets At the ticket once IN Se-
Asessv ter other than local stations Will fersiage.
x.eta for sale to oil points Ea.t and South Two dol.
ss:s Ia fare saved by purchasing through t,ckets.
Csc. L. scsrr, Ticket Agent, McGregsr.
Sehr LAwLsa, Cent Agt, rrarie da Chen.
Important Decision
The Supreme Court Of the state OF Wis.
consin have enunciatcd unanimously, thro'
Chief Justice Dixon, . very important
opinion. The case in question was in the
matte, Of the application of one Nicholas
Kemp for writ Of habcas corpus, and the
question at issue was whether the Presi.
dent Of the United States had the power to
suspend the writ Of habcas corpus, and
declare martial law over a state not in re.
billion.
The learned judge promised his opinion
with regrets that Congress had not. in the
exercise OF its undoubtcd power, Withdrawn
from tho jurisdiction Of state courts and
committed to the exclusive jurisdiction Of
tho federal courts, al cases arising under
tho Constitution and laws of the United
States. The principle involved was neither
new or doubtful. Furthermore, it had re-
Gently been the subject of most profound
and elaborate argument by several most
able lawyers and judges, among whom he
referred to the opinion of Chief Justice
fancy, in "exparte John Merrman, 9th
American Law Register. 524;" the article
entitled "IIabeas Corpus and Martial Law,
North American Review, Oct. 1861, PIP Al
to $40, supposed to be from the dstin-
guished pen Of Prof Parker OF Cam.
bridge the argument Of Judge Curtis, Of
Boston, entitled Executive Power, pamph-
let, Boston, Little, Brown & Co., 1862 :"
and tho opinion Of Judge Hall, Of the
Northern District Of New York, "in the
matter Of Judson d. Benedict"
Judge Dixon, who delivered the opinion
OF the court, adds that in his opinion the
President has no power, in the sense Of the
ninth section Of the first article OF the Con-
atitution Of the United States, to suspend
she privilege Of the writ CT habeas corpus.
In his judgment i. il a legislative, and not
An executive set and the power is vested
in Congress.
In regard to martial law, he held it does
not lawfully prevail in Wisconsin. The
powers Of the President as commander-in.
chief Of the army and navy, are strictly
constitutional powers, so dcnominatcd by
John Quincy Adams, who has taken as
broad grounds in favor Of the powers Of
var IS any American statesman or jurist.
These powers are derived from the Consti-
tuition in the authority given to Congress
TO carry on war. and though not defined by
that instrument, are limited by the laws
and usages Of nations adoI ted in their
full extent by the common law of England
and this country. OF these laws and usa.
ges there is no principle better settled in
modern times, rs respects free or constitu.
tional government, than that martial lao
y restricted in those places schieh are the
shtater Of var and to their immediate ri-
e;nity." If civil officers are able, by the
ordinary legal process. to preserve order,
punish offenders, and compel obedience to
the laws, then the military commander has
no jurisdiction. II laws cannot be enforc.
ed by reason Of the disloyalty of the mag
istrates, or insubordinary spirit Of the PEG.
pie, then martial law supercedes civil law.
The resistance in which the prisoner is i'm
plicated was riotous but not insurrection-
Ary.
The power Of the President to prescribe
offences, or to make rules for the conduct
OF citizens in districts not subject to mar
sial law, and to enforce them by fines or
imprisonments, by whatever form of trial,
the judge thinks not question of discus.
sion. "This power, sohene,sr possessed 1y
sae federal government, resides in Congress-
In conclusion, the court held that the
return Of the military commandant shows
no sufficient cause for the detention of the
petitioner, or why he should refuse to pro.
duce his body before the court; but as the
issuing Of the attachment at the present
time might lead to serious and most unfor.
tunate collisions, which it is possible t.
avoid by short delay. it is deemed best
sut Of respect to the national authorities
70 withhold it, until they shall have had
time to consider what steps they should
properly take in the case.
The decision is very important, and is 9
salutary check to the growing popularit,
Of the doctrine Of Capitalization Of power
In these I,Iisoo Of civil str;fs Il 10 not ean
to 60 beyond the Constitution. There il
power enough in the government, and eacl
coordinate branch need not infringe upol
each others territory. Our hope is i,
cohesion and the federal constitution is tn
only common bond; destroy that and al
is gone.
II The people arc absolved from the al
Iesiance which that violated C0nstitutio,
demands, and are free to reoganize them
selves into such bodies with such politics
privileges and guarantees az they deem
best suited to their wants, and best calcu
lated 70 afford them protection.-Dubuqu
Herald.