smithclay/nortonstories huggingface dataset:
Year: 1862

The Habeas Corpus and Martial Law.


From the opinion of Judge HALL of the United
States District Court at Buffalo, on the iabeas
corpus right. we take the following extracts:


Can the President, then, without the authority
of Congress. suspend the privilege of the writ OF
habeas corpusg


The question is one of constitutional law and
constitutional construction, and was, think gen
orally considered as no longer open to controversy
until it was brought prominently before the public
by the case of Meryman before the learned and
venerable Chief Justice Of the United States. In
that case "a Boston Law Reporter, page rs and
79,) the highest judicial officer of the United
States did not hesitate to declare, in respect to
the claim that the President had the power to
pend the privilege of the writ of habeas corpus
"that he listened to it with some surprise, for
lhel had supposed to be one of those points of
constitutional law upon which there was no
difference OF opinion, and that it was admitted on
all hands that the privilege of the writ could not
be suspended, except by act of Congress


The clause upon which the question arises is
found in the first article of the Constitution of
the United States. which treats of Congress and
its powers, and is in these words: "The privilege
of the writ of habeas corpus shall not be suspend
ed, unless when in cases ofrebelli0n or invasion,
the public safety may require it, and the reason
of the Chief Justice in the case referred to is
sufficient, in my judgment. to show that the
power of suspension is a legislative and not an
executive power, and must be exercised, or its
exercise authorized by Congress


But the question does not rest upon the reason
ing or authority of the present Chief Justice. He
properly cited the authority of Mr.. Justice Story,
and of the Supreme Court of the United States,
when the Chief Justices seat was filled by John
Marshall, the ablest constitutional lawyer our
country has produced ] can net forbear now to
quote that portion of the opinion of the Chief
Justice which refers to the authority of Mr.. Jus
tice Story, and Of the Supreme Court of the
United States. The Chief Justice says: "But
1 am not left to form my judgment upon this
great question from analogies between the English
Government and our own, or the commentaries
of English jurists, or the decisions of English
courts, although upon this subject they are en-
titled to the highest respect, and are justly re-
Year: 1862

A WINE STATE.-One of the commit
tees of the late wine-growers Convention,
said in their report:


California has a fresh, virgin soil; n
climate as well, if not better adapted to
the culture of the vine than France, and
her vineyards will no doubt in time
produce three or four times as much wine
to the acre as the vineyards Of France or
Germany; that is to say, when when We
shall have discovered the best localities
and introduced the choice varieties of
grape for the production of wine. All
this will require time and money and pa
tient industry.


There is in our State an area Of land
more suited to wine culture than any
other branch of agriculture, of sufficient
extent to employ in its various depart
ments of labor more than twenty millions
of people, and it will be seen that this
vast population could find renumerative
employment in wine, growing, because
there will bc found world wide market
for pure wines.
Year: 1862

- 80 -


VITAL PRINCIPLES Have the American
people degenerated? Do they no longer
value their privileges Are they ready
and willing to surrender their rights and
their liberties to military dictator? Do
they agree with the Administration that
it is criminal to maintain the right of dis
cussion? Not so thought the statesmen
of the earlier days Of the Republic, when
freedom of speech and of the press was
not only granted in the fullest extent but
held sacred. Webster says 1T is the
ancient and constitutional right of
this people to canvass public measures,
and the merits Of public men," Gen.
Wright, more patriotic and more conver-
SAINT with the Constitution and better
able to expound it than Webster, denies
their right to do anything of the kind,
and when they exercise it punish them
for dsregarding his cdict! We quote,
call attention to and ask our readers to
reflect upon the memorable language of
Webster:


Important as deem It 10 discuss, on
all proper occasion,:c:, the policy of the
meas. me"..~.ts at present pursued it is still
more important to maintain the right Of
discussion in its full and just extent.
Sentiments lately sprung up, and now
growing popular, render it necessary to
be explicit on this point. 1t is the an
cient and constitutional right of this peo-
pie to canvass public measures, and the
merits of public men. 1t is homebred
right, firesidc privilege. 1t has ever
been enjoyed in every house, cottage and
cabin in the nation. 1t is not to be
drawn into controversy. 1t is as un-
doubted as the right Of breathing the
air and walking on the earth. Belonging
to private life as right, it belongs to
public life as duty and it is the last
duty which those whose representatives
am shalt find me to abandon. the high
constitutional privilege shall defend and
exercise within this House, and without
this House, and in all places; in time of
war, in time Of peace, and at all times.
Living, | will assert it; dying, | will as
sert it; and, should | leave no other leg
acy to my children, by the blessing of
God, | will leave them the inheritance Of
free principles, and the example of a
manly, independent, and constitutional
defense of them.
Year: 1862

Fibre by fibre, shred by shred


Il falls from her delicate hand
In feathery films as soft Is slow
As fall the fakes OF a vanishing snow


In the lap Of summer land
There are jewels of price in her roseate ears.
And gold round her white wrist coils;
There are costly triaes on every hand,
And gems of art from many land,


In the chamber where she tolls.
A rare bird sings in gilded cage,


At the open easement near;
sunray fits through swaying bough,
And lights with diamond radiance now
The dew of falling tear,
A 500 floats cut to the summer air,
With the song-bird's latest trill.
The gossamer folds of the drapery
Are waved by the swell of long, low sigh,
And the delicate hands are still
.'Ah, beauty of earth is naught, is naught,
And a gilded youth is vain
| have seen a sisters SCARED face shine
With youth and beauty all divine
By the soldiers couch of pain =
Il have read of another whose passing shade
On their pillows the mangled kissed
In the far Crimea There are no more tears.
But she plucks the gems from her delicate ears,
And the gold from her slender wrist
The bird still clings to its gilded cage;
But the Angel in her heart
Hath stung her soul with noble pain;
And beauty is naugat and youth is vain.
While the Patriots wounds still smart





Fibre by fibre, shred by shred


Still fall from her delicate hand
The feathery films, as soft and slow
As fall the fakes of vanishing snow
In the lap of summer land.
There are crimson stains on breasts and brows,
And fllets in ghastly coils;
The walls are lofty, and white, and bare.
And moaning echoes roll ever there
Through the chamber where she tolls.
No glitter Of gold on her slender wrist
Nor gem il her roseate ears;
But 4 youth and beauty all divine
In the face of the Christian maiden shine,
And her gems are the soldiers tears
Year: 1862

OsE Of the soldiers Of Maine regiment,
who was in the battle of Baton Rouge, boasted
after the fight that he had the pleasure Of lev
cling bis musket at tie man who had been bis
favorite candidate for the Presidency. He was
only too far of, the soldier added. to appreciate
the full force of the compliment
Year: 1862

t., CUNT il


As be crossed the threshold, the iather and
sons sprung upon him. But the fellow was
strong and desperate, ana perhaps had some
suspicion of the truth. With wild yell he
cleared their united grasp at a bound leaving a
large portion Of bis rags in their hands. The
next moment the whole four Of Us were 10
chase of the villain. as be rau across the road to
gain the cover Of q wood about twenty rods
distant.


Fire :" shouted the father; " shoot down
the scoundrel,H


We were all armed and prepared, and at the
word four reyolvers began TO crack behind
him. But he seemed to lead a charming life,
and still ran on. and keeping short distance
ahead of Us Once l fancied I saw him stag
ger: but he gained the wood and disappeared
and we reluctantly and with deep chazrin gave
m the chase
Year: 1862

We learn from Washington that the
joint committee of Congress appointed to
inquire into the management of the war
meets with little or no succ ess in its inves
legations. The Commander in Chief of the
army declines to give the Committee an
audience at present to discuss the Balls
Bluff disaster. Not having the resolution
under which this committee was appointed
before us, we are unable to say whether il
contemplated only an investigation into the
causes of the disasters to our arms, OF
whether the Committee is designed to act
as supervisory junta to control the future
operations of the Commander-in-C Chief
If the latter power is granted or assumed
it is evident that this Committee may be.
come, in the hands of politicians, an in
strument of much mischief and DISASTER
The same uneasy class Of politicians who
forced the Government into the Bull Run
fight, are impatient for another advance,
and if permitted to have their own way
would preciptate the army into another
defeat before the close of another week.
The Commander-in~C Chief is naturally
Jealous of such interference with his plans,
and it is not surprising that he has inter-
posed obstacles to an investigation that
can accomplish no good, and may work
incalculable mischief.
Year: 1862

men, We are asked that the President
shall exercise over them a power, which by
the Constitution is conferred alone upon
Congress, to impose rules and regulations
in regard to the composition of that force,
that he may convert these twenty thousand
men from infantry to mounted rifles. Do
gentlemen know what those twenty thous.
and men will cost the Government for a
year? If they are infantry, they will cost
$40, 100000. If they are mounted men,
you all know, who are familiar with the
operations of this Government, that regi
ment of mounted men costs 81 500 900 q
year. I ask this house if they are prepar.
ed to add to the burdens their constituents
now have upon them, and which they must
bear, twenty or thirty million dollars a
year more, unless there is some imperative
necessity be shown, cannot vote for this
bill.


As l said before, there is no call by the
Administration for these troops. l do not
doubt what the gentlemen from Kentucky


{ Mr.. Wickliffel says is true as to the state,
ment made to him respecting the views of
the War Department, and am not bam-
ing him for asking the passage of this
bin; but if the Department require these
twenty thousand additional troops, Jet them
send a requisition here showing there is a
necessity for them, and for adding twenty
or thirty million dollars to our annual ex-
penses, and to the public burdens, and
shall reluctantly vote for it. But until
then, although have the highest respect
for the gentleman from Kentucky, and for
the Committee on Military affairs, yet l
cannot vote one dollar for another troop to
be raised beyond the six hundred and six
ty thousand now in the field until the he
cessity is shown by some one further than
it has yet been shown While l am reluc.
tant to vote against any bill which the gen.
tleman from Kentucky desires, | cannot
bring it within the line OF duty, as l re-
gard it, to vote for this bill. If he will
urge the Department and the Commander
in Chief to send troops now in service into
this state, 1 hope they will crafty him. -
I have no doubt his recommendations will
have that potency which they ought to have.
But for Heavens sake do not let US 60 on
piling mountains upon mountains Of debt
and taxation, until the nation itself is final
ly destroyed in the operations of this war.
Year: 1862

that he will hasten to the lines of our army
and seek his promised reward, with the
blood of his master and mistress and chill
dren dripping from his knife +! and those
who have not toned up their minds to this
expectation, hope at least that the fear of
such an impending horror may drive the
South into submission.


1t is but new delusion, another Sc
quence in that long line of falla cies,
which undertaking the energies and the
power of our adversaries, has led us from
one error to another, in long career of
disappointments and calamities. Albany
ArsuS.
Year: 1862

The people Of Ohio elected David Tod
Governor of the State, last October, in
entire good faith, and with the confident
hope that he would prove worthy of the
great trust. They awake now with the
very unpleasant suspicion, in advance Of
his assumption of the gubernatorial robes,
that they have "caught Tartar" Gov.
Tod's persistent hunting down of the
Cleveland Herald, which he still pursue.
as a hound would rabbit, is the first act
in the drama he marks ont for himself as
Chief Executive of the State. As Presi.
dent of the Mahoning Railroad, he forbids
that it even be carried as express matter I;
and inasmuch as the corporation once re


fused to carry the U. S. Mails, it may be
they will refuse them again unless the
Hera1dis excluded Gov. Tod writes that
the Herald was Dangerous" and that the
"public good requires him to attempt to
suppress it. Who made him censor p
Certainly not the people. They would not
even have made him Governor had they
suspected such things week before the
election. The press of the entire State
except the local rivals of the Herald, who
reap temporary benefit by its short sales
-denounces this act of Gov. Tod, and
we'll they may. When he is Governor,
the Lord only knows what newspapers in
the State will be safe-Chicago Tribune.


We are glad that the Infamous policy of
the arbitrary suppression of newspapers
has at last been applied in a case to touch
the Republicans "on the raw" It was all
right, just, patriotic and glorious as long
as it was applied only to Democratic pa.
pers; but when one Of their own treason
able organs is made to feel the grasp of
arbitrary power, they are very indignant
and denounce the act and its author with
deserved severity. The Cleveland Her,
aMsS offence was the persistent defence of
Fremont and severe denunciation of his re


moval from command This was no crime
and not half so dangerous" to the public
interest as Mr.. Tod's despotic and lawless
conduct. Yet we see no reason why Tod
should be denounced for doing in one case
just what Seward has been doing in a
hundred cases, and been praised therefor.
The question of the Tribune in regard to
Tod-"who made him censor?" may as
pertinently be asked with reference to Se-
ward. Both have committed offences mer.
iting confinement in penitentiary. But
Tod deserves the greater puni.hment be.
cause he processes to be a Democrat, and
has gone to the extreme of Republican des.
potism from motive of interest-iust as a
few "pro slavery" Democrats have become
ultra Abolitionists from motives which us
ually govern mere mercenaries and sol.
diers of fortune,--N. II. Patriot.
Year: 1862

How A CURATE BECAME A REcToR.-
Archbishop Whately, in his "Annota-
tions on Bacon's Essays" relates the fol-
lowing anecdote: ga curate Of a London
pasi,h, Of most exemplary conduct, was
accustomed to demonstrate very freely
with any of his people whose life was not
what it should have been. They wished
much to get rid of him, but could find no
pretext for complaint, either to the Rector
or the Bishop, They therefore hit upon
this cunning plan. They drew up and
signed memorial to the Bishop, setting
forth the admirable character of the Gu
rate, lamenting that his eminent worth
should not be rewarded, and earnestly
recommending him for the preferment.-
Soon after, this very living quite uneE-
pectedly became vacant, whereupon the
Bishop, considering how acceptable, as we'll
as deserving, he appeared to be, presented
him to it, informing him of the memorial.
The good man thanked his people with
fearful eyes, rejoicing that they had taken
in good part his freedom of speech, and
assuring them that he would continue al
his life the course which bad won their ap
probation"
Year: 1862

SPEAKING PLAINLY.-An article in a
recent issue Of the North american con
tains the following paragraph:


"We speak plainly because it is necess
ary to do SO. At the very time when the
people have looked for retrenchment, and
the Secretaries of the Treasury, the War
and the Navy departments have earnestly
advised it as requisite to enable the Gov
ernment to meet its expenses, the Van
Wyck Committee has laid bare the fact
that untold sums have been squandered on
wretched contracts, illegal and monstrous
commissions, and by thousand other va
rieties of that genteel robbery which goes
by such names as peculation. | seems to
us that there is at this crisis another more
expressive and far more appropriate desg.
nation for these offences, and tn at is trea.
son. The rebel who fairly stands up in
the ranks Of hostile army we know how
to contend against but the secret enemy
in our own ranks who goes with us merely
to bag the public money and steal away
to some more congenial climo with it, who
cloths our soldiers in rags and gives them
rotten blankets to shield them from the
rude wintry blasts, is he less guilty than
the open aud avowed rebel of that crime
which the Constitution defines as giving
aid and comfort to the enemy"
Year: 1862

DEAL ESTATE, WORTH sl5O0O-A PURCHASE OF A
~ large amount Of Real Estate can be effected which pays
interest and within five will realize fortune to
the purchaser This Is humbug Bona Ade parties
address Capitalist, Herald Office.
Year: 1862

At Casey's old camp there were no human
bodies as there it was an easy matter TO dispose
of them Immediately after the fight But hun
dreds of horses, torn by shot and shell, lay all
around, the carcasses emitting pestilential
stencil. On Sunday, when we were again in
possession of this field, men and animals lay
close together.


''Riaer and steed in one red burial btenf."


The animals are now being burned as that is
the only way in which they can be disposed OF,
and the horrid efluvia removed from its too close
contact with our camp. Upon approaching this
spot it requires considerable effort to lead man
to it, the rocking odor being so offensive To-
morrow its condition will be favorable enough
for re-occupation. In direct rail road line
from this camp to Richmond it is just seven miles
s'Fair Oaks" is the name of the station.
Year: 1862

tween the Secretary of War and the Marshal,
the Military Governor of Washington was sent
for, and he had Cross taken to the guard-house
for safe keeping by fle of soldiers.


The next day Marshal biward and Deputy
jenkins brought Cross to this city, and returned
him to his old quarters, in the Penitentiary.
On the way up, in conversation with the Dep
uty, he admitted that two of his friends were
on the train in which they went to Baltimore,
and intimated that but for his presence an es-
cape would have been attempted. When re-
turned to the Penitentiary, he denied the right
Of the warden to detain him, and demanded in
the most bold and confident manner his release,
as he had done to Secretary Stanton, in the War
Office


Cross was convicted in July, 1860, of the
forgery of check on the Consolidation Bank,
and sentenced to five years Imprisonment. He
is represented to be one of the most expert for
gers living, and to have committed more forgeries
than any other man. An attempt to effect his
release from a New York prison, similar to that
above described, was made several years ago.
A letter purporting to be from the warden of
the prison, and one by the physician OF the in
stiaution, were sent to the Governor, and par
don obtained.-The forgery was discovered be-
fore Cross got off 1t will be remembered that
he made his escape in this city from one of the
court officers, who took him to public house
near Second and Washington streets, and was
locked in room up stairs by him, while he
ran out, got into carriage and was driven a
way. lie was afterwards captured in the up
per part of the city.


AS the letter and the petition received by the
Marshal, are believed to have been written
by Cross, it is difficult to conceive how the pa
per was conveyed to him, and from out OF the
Penitentiary, to be sent to Washington for mail
ing to this city. As the paper and envelope
were both from the War Office, they must have
been stolen. The difficulty of anything being
conveyed to and from prisoners in the Peniten-
tiary, grows out of the regulation which re-
quires the presence Of a keeper when stranger
is in the cell.
Year: 1862

solemn oath to support the Constitution, Mr..
Lincoln said:


81 have no purpose, directly or indirectly, to
interfere with the institution of slavery in the
States where it exists. I believe / have no
lawful right to do so and have no inclination
to do So"


The House of Representatives of the Thirty
sixth Congress, majority of whose members
were Republican, passed the following resolu-
tions unanimously:


'That neither the Congress of the United
States nor the people or government of tho
non-slaveholding States have the constitution
al right to legislate upon, or interfere with
slavery in any of the slaveholding States of the
Union"


BY the organic acts of the territories of Ne
vada, Colorado and Dakotah, the Republican
party, by its own legislation. had recognized.
and approved the doctrine of popular sovei
eighty, which Judge Douglas regarded as essen
tial to the removal from these halls Of the most
disturbing question Of our country.


do not presume that when Judge Douglas
thus strongly asserted the necessity of main
tanning inviolate the Constitution Of his coun-
try he for moment suspected that you would
ever attempt the violation of the pledges which
your Republican Congress had given the peo-
pie, and which your Republican President has
reiterated. But the bills now under consider
alton propose to violate not only your pledges,
but at the same time, the Constitution. You
forget your promises you advocate those bills,
and urge their passage through Congress.
Year: 1862




Two s1ssERs BURNED TO DIArs.-Coroner COLIN
engaged yesterday in investigating the circumstance
attending the death Of two sisters named Mary and
Ellen MCCar aged four years and the other seven
teen months, who were burned 70 death at o. So Oak
street. The mother Of the children testified that on
Iuesaay night she had occasion 10 leave the for
short time During her temporary absence the elder OF
the children approached closely 10 the CRATE and
fire 70 her clothes and then rushing towards her
sister, who sitting in rocking chair clothes
on re also. The OF the little sufferers were heard
by the neghbors the hoor above, and an effort was
made TO relieve them; but the door found TO be
locked and SO remained until the arrival Of the mother
The jury rendered verdict Of Death from burns arci
dentahy received"


CHILD SCAlDEp no DEArn.--Coroner Collin also held
al inquest at No. % Batavia street the body Of
George Dodd, child three and half years old, who
accidentally scalded 10 death by falling into tub Of
boiling water.


AHorGSR BURNING CAsUALry-The Coroner was also
notified TO hold inquest in Forty street. near
Second avenues upon the body Of Mary ysil, child
years old who was accidentally burned to death by
clothes taking fire during the temporary absence Of her
mother


Still ANOTHER ScAIpNe AccpKNr.-rhe Coroner was
also notified 10 hold inquest upon the body Of the
infant child OF Mrs Mary Gea Of No 2l1 Third street,
who fell into pot Of boiling water and severely
scalded that death ensued in few hours afterwards