Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1863-03-31
[For the HerSId.l
The Supreme Jndgeship-Dixon's Loyalty, Etc

against Judge DIXON, VIII you allow me
space for few words on the subject Of his
loyaIty-and some erroneous differences
which you have drawn from his decision
against the power Of the President to sus-
pend The writ ofhaJeas corpus.
II seems to me that the testimony of the
friends and neighbors of Judge Dixon here
and in his former home in Columbia Coun-
ty, and the statement offorty-six members
Of the Legislature over their own sigma
lures, that he is d hearty hater Of slavery
and believes its destruction necessary to
permanent peace, that he is an ardent sup
porter Of the administration in its meas
ures for the suppression Of the rebellion,
and the further fact that he has only been
retained on tho bench aud restrained from
going into the army by the entreaties Of
family and 9th er friends, ought to be suifi-
Gent to establish his thorough loyalty. !
The decision which he gavesI kno0.
was reached with great reluctance. and
takes view Of the Presidents powers and
duties which has been held by many Of
the ablest iurists Of the county, and accords
with the practice in England whore the
writ can only be suspended by the consent
Of the whole government, Executive aud
Legislative, where, ifa case arises demand
ing instant action and suspension Of the
writ BY Executive officers, consent and in
identification Of Parliament is always
sought afterwards, precisely as has been
done in the United States. In this coun-
try the question has only been decided in
the same manner as by our court, and
where there is a great diversity Of views
sthgll man be counted disloyal, be stigma
tized as a traitor, simply because he thinks
the President had no legal right to dowhat
Congress has considered necessary to in
demnify him for doing? And. by the
way, allow me TO call attention to the fact
that Mat III. Carpenter. who now COM
.nands the admiration of all union men for
his manly position in his letter to Mr..
Reed, rs a loyal democrat, and who, by
many would have been preferred as can
didate for Supreme Judge, takes a still
more unfayorabis view Of these acts of the
President than Judge Dixon, pronouncing
the suspension of the writ ofhabeas corpus
unnecessary, unwise and unconstitutional"
and the arbitrary arrests, ''yery bad and
Unconstitutional" However, be proposed
to do all in his power to support the gov
ernmont in crushing out the rebellion, and
attend to these things afterwards. The
decision of Judge Dixon distinctly states
that Congress has the power 10 suspend
or authorize the suspension Of the writ Of
haJeas corpus, and also to withdraw from
the jurisdiction of State Courts and com
NIT to the exclusive decision Of Fedeq al
Courts and cases under the United States
Constitution NIL laws. You say that
"Dixon will be compelled to decide the
consumption law unconstitutional" Ere
this yoa have learned that he has not
only in effect decided that law "constitu-
Hoaoi,' but even the draft acithom any
regulations by lar raid, as we'll as the
soldiers suffrage law and the claim that
all who vote are liable to bear arms.
The following extract from Dixon's de-
cision on the habeas corpus case ought TO
be conclusive as to his loyalty to the gov
eminent and confidence in the President.
He says,
"In stating my convictions of The law,
| desire to add that they are given without
the slightest disrespect to the President,
who has, in all his actions, been governed
BY the highest naotioes Of patriotism, pub
Lc honor, and fidelity TO tie Constitutions
and laacs Penned at the gloomiest period
of our public INSTRUMENTATION over fifty
thousand of the noblest Of the land, an.
swering the summons, had fallen sacrifice
TO the sacred cause of our nationality
when one division Of the army Of the Union
already mo sadly repulsed, was threaten
ed with complete overthrow by superior,
irresistible numbers, and another, broken
and wavering, was retiring before the re
sistless and implacablo foe-when the on
" way to national life, honor and peace,
lay through the fire and blood Of battle
and when, in response to a recent call for
additional forces, instead of the utmost
loyalty and patriotism on the part of every
citizen of the loyal States, each asking
where he could be the most useful or how
he could best promote the welfare and safe
ty Of bis country, there was reason to APP
prehend, in some quarters factious and dis
loyal opposition-the proclamation in
question is not welcome SUBJECT of criti-
cism. As not unfrequentIy happens in the
affairs Of war, it is easier, sometimes most
painfully SO, with time for deliberation, to
point out mistakes after they are commit
ted, than to see and avoid them amid the
difficulties and dangers by which the milf
tary commander is at the moment sur
rounded. If, under these circumstances OF
national and executive embarrassment, the
President has transcribed his lawful au-
thorty, he has committed an unintentional
error, which he will be the first to repair,
and tie last to vindcate. My duty, how
ever, compels me tojudge his acts, not by
his intentions but by the constitution and
laws. giving a fair and reasonable scope to
all the powers which they confer upon
him."
The immediate effect Of Judge Dixon's
decision was not favorable to what seemed