Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-12-14
The Iiabeas COrpus---DccislOn0 or
Judge Duyal...i.ibcrty Stliled.

/ Judge DuiAl.-.i,iDcfly nIliieu.
| The writ of Hdbede Corpus was
justly. considered by our English
ioreihihers the greatest bulwarlS OF
! liberty. Tho sturdy barons at
Runnymedc forced its acknowledge
ment aud guarantee from the ty-
ranical King John, rs one OF the
{ dearest and most precious rights OF
the barons and commons of England.
1t has been guardctthcre over since
with the most jealous eyes, and now
nothing but the most pressing en-
Urgency would authorize its suspen'
I sion. In this country, our AmcrI-
can fathers, full Of the old remcm-
branees of the inestlmable value OF
/ this writ, us the main safety to
personal freedom, when they framed
| tho constitution Of tho United States
under which we profess to live,
were careful TO insert tho following
provision: .r.ira u -.l.n'r lrl Dol.
''Tbe privilege of the writ of Habeds Cor
| pus shdll hot be suspended unless when In
cases of rebellion or Invasion the public
/ safety may require it, -H q" -.'
Here we have tho guarantee as
| plain as language can makeit, The
writ can not be suspended except in
cases of invasion or rebellion. Is
tho country invaded2 No. Is it, or
any part, in state of rebellion?
No. They, who assert this, lie, and
they know it. The times require
plain words and VIC use them. The
whole Question turns OH this point.
If we arc not invaded or in rebel
lion, the suspension Of the writ is
unlawful. What are the facts? In
q period of profound peace, with no
disturbances, except those fomented
and created by the minions of pow
or to subseryo political purposes, all
Of which could be readily quellcd
by tho Courts and civil authorities,
a majority of a radical Congress,
looking alone to party asccndancy,
have put ten States of the Union
under military lazy, and a}q 9 according G.asad ns
a District Court. virtually suspend
ed the great remedial writ Of Habe-
as Corpus, and left five millions of
free white .citizens at the mercy Of
arbitrary power and caprice.
The decision of Judge Dhval to
which we refer; given at the late
trim Of the District Court at Tyler
upon three several applications for
the writ of Habeas Corpus, we have
read as published in the Austin Re,
publican, with feelings Of profound
regret for the Judge andnthe coan-
try.o For himself, because, estlma-
ting him highly as gentleman OF
many excellent qualities, we should
like for him to have had the salts
faction, hereafter, of refIecting, that
in crisis of great moment he had
braved the Indignation Of lawless
power, and had vindicated, the vlo-
lated Constitution Of the. Republic.
For the country we regret this de-
cision, because it seems to give the
sanction of Judicial authority to acts
of oppression and injury, and may
have a tendency TO prolong them.
The written opinion of Judge
Duval is very short for so import
ant matter, evincing a disposition
as we think, TO get clear Of an un-
pleasant duty as soon as possible
But little, however, could be favora-
BILE to the conclusion to which he
arrives. The Judge simply consid-
crs the meaning Of the rcconstruc-
ton acts, and decides that it was the
intention of Congress thereby to
suspend tho writ of Habeas Corpus
within the five Military Districts,
and give an unlimited authority to
the military commanders, which
could not be interferred with, by
the courts, either State or National,
AS to the intention and meaning of
these acts, We think the, Judge is
right--they did intend to suspend
tho writ and prevent the intericer-
cnce of the courts for the protection
of the citizens against the arbitrary
arrests, and therein they plainly
/ violated the written constitution OF
their country, and the Judge had
the right and it was his duty to say
SO. whether or not his decision
would have been respected. o The
United States Judges are expressly
made the guardians of the Censti-
tuition and the interpreters of the
laws, TO see that they conform there
Ito. and, if not, they can, and it Is
their boundcn duty, to pronounce
them null and void. The Constitu.
ton says, ''the judicial power shall
extend to all casesin laws and equi-
! h arising under this Constitution
the law Of the Union States, &c;-
! Bat Judge Duyal has entirely ig-
nored the constitutional question
as If the Constitution was silent
upon it. The word. constitution u
not to be found in his docisisn, II
Il ia act aside or treated as a nullity
and, 'actlng outslue Va en0 SoN
stitution, and looking alone at tht
acts Of Congress aud not beyont
them for the authority, it must b
admitted that his decision is right
He has truly construed these acts
and viii not interposc the power
/. .wi.ich the Constitution has giveI
him, 10 prevent Their enicfccincnt
no matter what may be the inJuf-
Nrongfally inflicted Ihereby, on hi
suffering Fellow citizens Ms heaf
: Is evidently touched IN the case
, under consideration. He says, "th
parties who have appealed 70 N
: man b. most ,erOnafatiy nnprlsohe4
3 II would give me pleasure 10 inter
Z pose and do theIB whatever J'LSIte
: they nav be entitled 70. IN
7 it,iirs Of course arc ouFs- Bat Ia
I Judge deems himself powericss !
2 afford relisf, hOwevef aggravatln
, tbe eircnstances. We are glad how
ever. that the Judge docs rst prs