Year: 1863

JUDGE Leavitt on the Petition of


Nallandigham for the Privilege


of the writ of Habeas Corpus.


Judge LEAvTT made these Just and
pertinent remarks in refusing to grant
the petition. We commend them to
those peryerse persons who think that
courts can act not for the loyal, but for
traitors and their friends


"The Court cannot shut its eyes to
the grave fact that war exists, involving
the most imminent public danger and
threatening the subversion aud destruc-
tion of the Constitution itself In my
judgment, when the life of the Republic
is simperilled, he mistakes his duty and
obligations as patriot who is not will
ing to cOncede to the Constitution such a
capacity Of adaptation to circumstances
as may be necessary to meet a great
emergency, and save the nation from
helpless ruin.


"Self- preservation is paramount
law, which nation, as well as an in
dividual, may find it necessary to
invoke"


Our fathers, the Judge declares, fore
seeing the result Of ambitious schemes
for agrandizement, provided for Just
such an emergency as the present. by
granting Congress power to raise and
support armies, and to create navy.
When they made these grants they were
aware of the magnitude of the powers
conferred, in order TO give the clauses
effect The rebellion of 1895, called for
the enactment of law in pursuance of
these provisions of the Constitution, and
ii was enacted twas under this statue
that the President issued his call for vol
anteers after the bombardment of Fort
Sumter.


" 1t is not to be disguised" he says,
" that the country is in imminent dan
ger, and that the crisis demands of every
American citizen a hearty support of all
proper measures for the restoration of the
Union and the return of an honorable
peace. =
The President may not be the man of
our choice, aud his m, asures not be such
as all can fully approve; but these are
minor considerations, and excuse no one
from the paramount obligation of lend
ing his aid to the salvation of the coun-
try. ALI should remember that no evil
is so great as disunion."


And again, ut is clearly no time for
any one connected with the judicial de-
partment of the government TO allow him
self, except from he most stringent OBJ
legations Of duty, to thwart the execu-
tive in ibis efforts to deliver the country
from the dangers which press so heavily
upon it." If Gen. Burnside has exceed
ed his authority, it is the duty of the
President to apply the remedy The
President being Comman der in Chief of
the army, must judge of the military me-
cessity. He is responsible TO the coun
try for violation of his duties, and can
be impeached.


The power ef the President undoubt-
edly implies the right to arrest persons
who are mischievous and disloyal, there
by endangering the existence of the Gov
ernment, and the success of the army,
and possessing it, he can delegate it to
the Commander of Department


Those who live under the protection
and enjoy the blessings of our benig-
nant Government, must learn that they
cannot stab it's vitals with impunity. If
they cherish hatred and hostility to it,
and desire its subversion, let them with
draw from its jurisdiction, and seek the
fellowship and protection of those with
whom they are in sympathy. If they
remain with us, while they are not OF
us, they must be subject to such a course
of dealing as the great law of self pre-
serYation prescribes and will enforce.
And let them not complain if the
stringent doctrine of military necessity
should find them to be the legitimate
subjects of its action. / have no fears
that the recognition of this doctrine will
lead to an arbitrary invasion of the
personal security or personal liberty of
the citizens, 1t is rare, indeed, that a
charge Of disloyalty viii be made upon
insufficient grounds.


Buff there should be an occasional
mistake, such an occurrence is not TO be
put in competition with the preservation
of the life of the nation, and confess
am but little moved by the eloquent ap-
peals Of those who, while they indig-
nantly denounces violation of personal
liberty, look with no herror upon a.
despotism as unmitigated as the world
has ever Witnessed