The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-07
r:srosaTIoa OF The aaBEAs CORPUS.

rectstop OF ssustge g'h ON y,son, OF f'ennsyl-
vania, i'm the Co2Aens Case.
Com rel. W. B. ~ tosxeris u.s. ~ frsnk Ct AZ
c,urn 90 writ OF habcas 10 thai the reat0r
WHO from all that appears, is private Citizen was ar
rested and is held in custody under the authority
of the President of the United staes, and is as fol-
TO the Honorable JAMES THOMPSON Judge Of the Supreme
Ts "aders,snsa, one Of the respondent. the within
makes return sd s5ss9 ,s "a s
srrested By the orcr this respondent i now
e nrS Of hs Sna ssss and that the oSe
mentioned said writ are officers and clerks under the com
coonel and Provost Martial Of Philadelphia
Sworn and subscribed TO this soth day of june 1865
DAVID BEirLER Alderman.
This return is accordance the Of Congress
the Sd or March, 1863 sec II that whenever the pvi-
ece OF habes corpus shall be suspended by
te President undcr the authority of act no military
Of habeas corpus to return the body of any person de-
tanned by him by authority az the Presidents but upon
the certificate under oath Of the officer that the prisoner
detained under authority OF the President further pro-
ccedngs under the writ shall be suspended by the udg,
having issued it, Tho section authorizes the
President .durng the present rebellion" whenever and
wherever in his Judgment the public safety may require
It, suspend the privilege of the writ OF habeas corpus
and il is provided that sad suspension by the President
shall remain in force so long as said rebellion snail con-
tinue" IL
the 10th OF June last the rebellion continued or not
This IL fact 70 be judiciay determined IKE any oher
1t not for the President only by proclamation
70 determine this He Is not authorized TO NIX the status
OF the country this point by the act Of Congress The
power o. " ceasss ' with the rebellion and
that much within judicial cognizance as Is any
e OF se writ Of hSeas is right
OF every citizen. bound to observe strict con
struction Of every act which threatens TO deprive MN
of ,.,... ,,n.
We have here an expression OF r,ese oS h
winch PAIN Una. .ne % sh e1,dn When that
VIII oy ~ o'ns ~ pdent 10 continue the suspen
and courts bound to give TO the citizen
ms nghl unoel ,ns ,I h The Evidence Of Il Il is
therefore to asceraned like any other fact by evil
srSo sip' tSo, avdonca in tho .urren. history of
sh times that the rebellion no longer continues We
;,s orca,iyat;on 10 entirely DESTROYED its armies
,mred and EMBROIDERED its officers mnrisoned or ma
So,ed Tn addition we know that cur own
,es are he;no no randIv mustered out Oh
..nJe Tho ratsrnng soldiers crowd our streets
Se and We coaso ~ ioot for battles and victories as
enca " There ~ not a single Known bodv of men in
arms anvhore nnder Tho once we'll known Organization
and NY S,ss II com
In,o, oh,;,oratod Nth a1, s f.os fsvi, government
as heen oct mn in ali he rehe,I;ons states I'M one and
trade onened v the nroclamaton Of the Presden, with
scsrceip anv Euerv fort navv vard md not
Ir;scd statos and war has ceasad nvervharo IN The
land The time has arrived, therefore when return to
"t o{ rIaX and rySn W. eynrasa ,iy,tatinn ~,
suspension q the habeas corpus should Cease.
., ovnS "a wy ~ ~ ~ ,e h waving
an "oa u Gonsiueia.op2 as sA's s's msvG "ofe, ID
-. Sl~'
2rfant snail issue LOT the arrest OF any person
n ~-o- --opabie cause supported by oath or anirma
.,Os' ~ 60 Consttu.c,, the United states.
"No wMIan' witnos:t probable
thing ,nov.ad ~, v.,s ~ afarmaisc- ''rcnsttution
carse, sssNs,s.~ w ~ "
Oh Lemsy y an -. ~. ,.., 49, - as....
There being no oa'n mere charging CRIME or onense
ana warranC 70 a9'nol]9 an arrest tne alLest -
therefore unau'horSed ana the prisoner entitled 70 DC
d,Schareed ~
In this decision no conflict ought to be felt 70 exist be-
WI .u 4
sant clause OF our BIZ OF hghts INA 'nc .a,y s,
IN all cses and at all times be IN stric; su6ordnaiion 70
che civil powcr and VIII doubtless DC as agreeable 70
the military authorities that there should DC return 70
the nominal condition OF country SINCE napphy peace
dion possibly exist now On this return, therefore,
must discharge the prisoner
css hsre has BEEN trial before %
tary tribunal about sometning, the nature Oh when am
not informed and that the presumption OF ms connection
occasions his arrest All TINS IL ultra the 'esuu anu
need not be noticed.
THE ATTACHMENT:
Commonwealth cs A. A. Frink, attachment ~ the doove
case An attachment issued against you and Others for
fusing to make return to writ OF ha6eas corpus 70
bring up the o tho are now
your answer to the attachment
wish to say here lest you may not quite realisc u
that there was no offence IN what you dd 70 Inc person
who happens to have charge now OF your case ne
claims to stand acquitted OF the poss'py OF charye
either pride or arrogance OF once ~ is only WIN an
eye to the preservation Of judicial authority thai now
have anything 10 say ..,., ,
The laws OF tne IN nos
that all person having the custody OF any prisoner MOI
under sentence SNAIL IN answer 70 tne VII. Oh nsoc
corpus bring forth the body and make return Oh Inc
cause OF detention -.
The act Of Congress OF the "a OF March 1903 unee!
which you have at last msoe return ALSO REQUIRES 'ns'
whenever ana wnerever the p2vnegc y. .e VIII VI Ia
beas corpus has been suspended any navng cus
tody Of any person. py autnon OF the Iesuen. " TUG
United states shall under os ss.u,H INA, %e
tentton and the court or Juoge sna susPen
further proceedings on te VIII pu. you ~ nss s.S
until aitx a.tachmen, 'sued reiusou " ss
the state ana national requirement. On snc wiz Anis
was violation OF law IN q most grave polncuMr. A..
Wnen tne wiz OF stacnmooe ssuco you eiue ,s. "
oocy OF aow III servioe ou. or1eree ou. you, so.e
protect yourse from arcs. Inc o.a'e anu na.ona ~
aunority wers po.u ~ Wv ~ ~ ~ ~.
naDeas corpus ana tne Sste s~sn0Iy ueu - VIC p
sentanon OF m'n'~ry ao.0Sa Ie' n s,s I'M I'll,
have brought on connct ootween 'ne cvM anu mn,
tary autnonsy IN uMss on Pcscy SI,. . ~ s.'
might nave peea sle inauguiA''on .. seoo,.on, 80
ing 30 lar a. a,sooooeno: 70 S,,c1 S,or rh vS