New-York daily tribune., 1863-08-31

validity than the act OF Congress hat defined and created the
ofense'"
lie proceeds then in detail to complete the
parallel and exhaust the objections:
IL will be seem creates the Office Of Provost Mar
shall defines his duties to this subject snd clothes
him with express and specific powell or rather comand Dim
By potent voice to execute the duty oil eis'
and delivering over the ALLEGED criminal IL requires no other
machinery il nyokes no other agency TO perform the duty
than the itself 1t is the sovereign VIII enoooea IN 'e
law tchiel in The highest Of e term proee' twas
foriy argued by the counsel the defendant that e du
thoyifv 10 create Court. pre'y the sane az the d"ao"g
IN The Constitution and laws mado In pursuance
Of are the supreme law Of the land and this supremacy
above Courts or any other agencies for the execution OF
and consequently If u lsw pursuant to the Co'utuion '
powers and directs officer to do given act n" d"V
high and perfect judicial proee' can pooiy nd "
This reasoning to be unansweaoe ana ne o'
qnenee appear, oow iegituaoy from the doctrine t''
dorm in dbl man Booth, that The drTes @ he prisoner ""'
under and BY riytue Of the authority @ me o"ea
for an ALLEGED qn,e against the Government and hat 'he
psoner beinq thu, held before the issuing Of the writ
haJeo coyuu the return made by the Provost Marshal was
proper and legal return aud in the language OF Chief JUS
tce Taney he only discharged his duty after making the re
turn by obeying the process the United states holding the
occ. any other government The lHrisfiefionGf Jd
not leer opcase has been committed out rhery suh
yyi,on,y So n,isdtion attaches i, tribunal ard nc
other iI crciuded.'
Language could not be more explicit than
this. nor could the absolute identity OF Abteman
r. Booth and cases under the COnscriptlon law
be more lucidly and mpfegnably established.
Insuncctionary journals may continue to qhoole
and misstate, in vain endeavor TO conceal troIn
their readers the dishonesty they have hitherto
practiced in respect to this case, and disloy al
Judge may disregard this mas erly decision Nv
passing in silence the arguments they cannot
attempt 20 answers but for the rest Of the
world Judge Bacon's opinion is final. The
resolution of the Government to enforce
the Law according to this Judicial affirmation ol
it, is equally unaierablc.
ON one subject that has been discussed IN
connection with this, the words of Judge Bacon
are too weighty to he omitted;
Aud a,ln bow unwe snd how urmau'y l' to be filed
with rcrretusl alarm De-, the Government should grow too
strong and .yans it.e Of the give IL FOR present
,ervsion turn and ,rsmpc In the du. the 'i guards Of
ro, liberty and bot out forever al cou,taiional suarsn
,es Of freedom speech of the pres. and u conscenee
W. nd with eyed vigilance the outpost. Of the 5a'ons
~ lie cos,,ur.l for.ro.s while trsoror. hand. mining
bsusa,h tie the c,adc and apply Ing e torch 10 the maya
zinc W. n.fs; on tllin tI' 5fd unlsc ard cumn'n pre-
serving tho Constitution It, minutes 'etf and not 'ali
cnel construction. snd that too on bchaI ~ .'n rhS w.
cs. oa authority and frpudaed IT, ohhgtiiou' "n'c We
forset . wegher matter. OF the ia" That o." Who's" iD
Zee in.uiion. T. H dang'l OF eci oy..t",yT e ' a.
;hsfr supr. rule Of public safety s'pirf Afh l1oA =
i con.eryson Of national III. cf than The mere letter oi
parchment Constitutions.
The day that sees whole people inspired
with this generous devotion to the cause OF the
Republic will see them indissolubly reunited
under the banner of Union surc to be pcrpet-
ual. because II will be Union OF Liberty and
Iu..i..