The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-05-28
The VaIi:s n d & h "a I'M rs q ID C a S
Corpus case.

On Saturday. 10th inst, Judge Leayitt
of the United States Circuit Court, deliv
cred his decision, in Cincinnati, on tn,
application Of G. L. Vallandie ham fer
writ of Habeas corpus. The Court began
by reciting the circumstances of the arre>
and confinement, together withihe ground.
upon which the application was tased.-
The Court had previously informed coun
sci Il a. the writ would net be granted
un'e sufficient ground was shown, and
.:irccted notice 10 bc given Gen. Burn
| side, who had replied in an able aud
| respectful communication. and was repre-
sci ted by counsel in the ar-umei.t on the
application The case OF Rupert, inyolv-
ing similar principles, had been already y
decided by Justices Swayn and Leavitt.
and the Court would not reverse that
decisioi, In that Gaze, Just.cc Swayn
distinctly announced that he would hot
grant writ of hobe0s c0rlHs when IL APP
peared thar the arrest and detention was
under military authority. Judge Leavitt
might have based his decision upon this
broad ruling. but concluded TO hear the
argument If Vallandigha,n's counsel.
Il he basis of this whole argument was
the fact that Mr. Nai!andighani, MT being
in the military ar naval service of the
Government, and not therefore subject to
the rules and articles OF war, was not la
bic to arres, under or by military power
And the various provisi, rs OF the Consfi-
sn;ion. Intended to guard the citizen
against unlawful arrests and imprison-
mcnt, have been cited and urged upon the
attention of the Court as having direct
bearipg on the point =
But are there no other considerations
of Il controlling character applicable to
the question! Is net the Court ipipera
lively bound to regard the present state
Of the country, and, in the light which it
throws upon the subject, to decide upon
the ezpcdiency Of interfering with the
cxerci-es OF the military power a< invok ed
in the pending application The Court
cannot Shut It's eyes to the grave fact thar
war exists, Involving he most imminent
public DANGER, and threatening The sub
version and destruction Of the Constitution
Itself In my judgment, when the life OF
the Republic is Iinperilcd, be mistakes his
duty aud obligations as a patriot who is
nor willing to concede to the Constitution
such a capacity OF adaptation to circun
stances as may be necessary to meet a
great elpcrgcmc and save the n1iion from
hopeless ruin Self preservation is 4 par
amount law. which i nation, as well a. an
individual, may fad il necessary 10 invoke
Nuilliag l. hazarded in saying hat tie
great and far seeing iaen who framed the
Constitution of the United States supposed
they were laying the foundation Of our
National Government on an iii.niorablc
basis
Acting upon this view of the future, no
express provisions. of course, had been
made for a case Ike the present, yet sufii
cent power was conferred in general
terms The hearty and unqualified sup
port due the government by every citizen
was then referred to by TIE Court
at is clearly Tot Il time when any one
connected with the judicial Department
of the government should allow himself,
except from the most stringent obligations
d: duty, 10 enharrass or thwart the exec
uiiyc In his efforts to deliver the country
from the dangers which press 50 heavily
upon il. Now, the question: which | am
called upon to decide is, whether Geaerai
Burnside, as au agent OF the Executive
department. uI the Government, has traus
grcssed his authority in ordering the
arrest Of Mr. Falianal alam. If the. the
ory of bis couSsh Is s.ainablc., that
there eau be nos hgak arreStcrtxceKt. by
warrant 5a-ea on an affidavit Of probable
cause, the conclusion would DC clear that
The arrest was illegal But DO not think
[ am bound TO regard the inquiry as
occu,ving this narrow base GeuefaN