The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1880-07-16
CONTINUED rroM FIRST rNaE.

the merits involved would now he out |
of place The Court acknowledges that |
its powers are inadequate to meet the
military power possessed 10y General |
Hancock If the Court were to decide |
at this moment that General Hancock |
was in contempt the only process which |
il would issue would be IN attachment
for the disregard of its authority But
why issue an attachment against the
whole military power of the United
States This Court acknowledges that
the laws are silent, and that il is with
out power in the premises, and therefore
declines to make amy order whatever
If there be disposition on the part of the
military power to respect the authority of
tn e civil courts they will respect the writ
which has already been served. If, on the
other hand, it is their determination to treat
the authority of this court with contempt in
this matter, they have the power and will
to treat with equal contempt any other pro-
cess which the court might order. The
Court therefore, must submit to the su-
preme physical force which now holds the
custody Of the petitioner, and decline to is
sue an attachment or to make any other o.
der in this case
GENERAL HANCOCK APPEARS.
At 1lt o'clock General Hancock to whom
the writ was addressed, came into court ao-
compsned by Attorney-General Speed. The
trial Of Miss Mary Hsrrs, charged with
the murder of Mr.. Burroughs, clerk in the
Treasury Department, which was then pend
ing, was Immediately suspended, when At
torney General Speed addressed the Court as
fJllows
May it please the Court:-In regard to the
writ Of habeas corpus directed to Generi |
Hancock, | desire to say, by way of apology
for his not sooner making return, that the
process was not served upon him until about
breakfast time this morning, and that owing
to his having great many persons to see,
great many important matters requiring
immediate attention, and this distance from
the court house, he was unable to get here
at an earlier hour
| wish to assure the Court that no disre-
spect was intended to it by the delay to
which it has been unavoidably subjected
The Court declined to MAKE any order in
the case. The Attorney General and General
Hancock, in obedience to the writ, max, S
the following return
Headquarters Middle Military Division,
Washington, ID. c., July 7, lS65.-To Hon.
Andrew Wylie, Justice of the Supreme
Curt of the District of Columbia:-I her, =
b. acknowledge the service of the writ here
t) attached and return the same and re-
spectfully say that the body of Mary E. Sur
rttt is in my possession under and by virtue
of an order of Andrew Johnson President of
the United States and Commander-in Chief
of the Army and Navy, for the purposes in
said order expressed, copy of which is
hereto attached and made part of this return;
and that | do not produce said body by rea-
son of the order of the President of the Unit
ed States, Endorsed upon said writ, to hich
reference is hereby respectfully made, dated
Jaly 7, 1865.
WINFIELD S. HANCOCK,
Maj. Gen. U. S. Vols. Com'd'g Mid Div.
THE PRESIDENTS ENDORSEMENT.
EXECUTIVE OFFICE, July 7, 1860, 10 a.
MO Major General w. S. Hancock,
Commander. &c.-l, Andrew johnson, Pres
ident of the United States, do hereby de
clare that the writ of habeas corpus has
been heretofore suspended in such cases as
this, and do hereby especially suspend this
writ, and direct that you proceed to execute
the order heretofore given upon the udg-
nf
will give this order in return to the writ.
ANDREW JOHNSON,
President
The Court.-This Court finds itself power
less to take any further action in the prem
ises, and therefore declines to make orders
which would be vain for any practical pur.
pose. As regards the delay it having been
fully accounted for, the Court has no fault
to attach to the respondent in that respect.
Attorney General Speed.-lt may not be
out of order for me to say here, that this
whole subject has, of course, had most ear
nest and anxious consideration of the Execu.
tive, and of the war making power of the
Government.
Every man upon reflection, and particu.
larly every lawyer knows that war cannot
be fought by due process of law, and:armies
cannot be maintained by due process Of
law. There must be armies. There musl
be battles; il war comes the law of war, and
usage permits battles to be fought, permits
human life to be taken without the judgment
OF the court, ard without the process of the
court. 1t permits prisoners to be taken, and
prisoners to be held aud your honor will
not undertake to discharge them, although b
the Constitution says that human life shall
not be taken, or man be deprived of his lib
erty or property without due process of law
Conflict of necessity comes up when wal
comes between the Executive and the Judi.
cial, ii the war power or war does not tran
scend the civil. War is made for the main
tenance OF the civil power, that is VIII, Il
peace comes for the purpose of giving us tie
benefit of the civil.
This country is now in the midst ofa great
war, and the Commanderin in Chief of the
armies of the United States was slain in Il c
discharge Of his duties, and if the armies
of the United States cannot, under the laws
Of war protect their Commander.in
Chief from assassinations and if the laws OF
war cannot protect, by military law, the Com
mander-in- Chief from assassination and
destruction, what has the Government come
t2
The thing appears to me to be too plain
for. consideration. But as your honor has
disposed of the case, only make these re-
marks for the purpose of satisfying your
Honor that we have anxiously, and think
most lnaturely considered this matter, giving
your Honor credit for having done what you
regard to be your.duty in this matter, and are
very Glad 10 hear that Your Honor giYes us