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SOUTHERN
fmlktni (UmrfeifWfg
GEO. ^i3&nX3Fhew!
IMAM CASK.
Mr. fit*phe**> Speech M Washlngt**.
ltr 3 c Cotton Subteripliont to tht CottfcdcraU
Loan, and other prsteedinga.
We regret that we were unable to gel the
full preteedft* of tin meeting at ,Wa»W*f*
ton W our iWM of yccterdty. The following
are the ooacJudiog proceeding*, ae we had pre-
pJWTtRfiT " mAm ~ ~
Daring the delivery of Mr. Stephens' re
marks he was often raptnrously applauded,
and Ue most unbounded patriotic enthusiasm
prevailed. At the cKtec, an tlmb«l wnivbrsul
shout of “uaeu nooire me ripe# ” rose from
all parte of the house, and subscriptions poured
in faster than the Secretary could reoord
them. We procured the following names,
with the number of bales subscribed by them.
We would remark, that our list is not cctn
piste. Abeut 2,000 bales of ootton were sub
scribed on the spot. A committee of four in
each militie district was then appointed to
bring the matter te the notioe of euoh planters
as were not present They said the subscrip
tion ef the county would reach 3,000 bales be
fore it closed. Our list is as follows;
NO. OF BALKS.
50
75
ooo
100
25
NANTES.
B. Bowdrle
Dr. F. Ficklin
O. L. Battle,...,
Col L. M. Hill
Dr. Wm. M. Jordan
Gabriel Toombs
Wm. M. Reese
Jas. R. DuBose,.,.,....
M. O. Robert
R. Kendall
G. P. Cozart
W. Fanning
B. W. Fortsan
R. K Walton 35
J.H. Walton 25
T. P. Burdette 25
8. Calloway
J. Arnold 25
S. Barnett
H. F. Colley
W. P. Hill
J. if. Dyson
Jas. Harris
J. A. Heard
8. Hester
J. IL Lane
T. L. Morse
D. Paschal 25
B. W. Heard W0
T. A. Barksdale
J. IL Willis
J. W. Heard
J. M. Booker
A. C.;Mcdfillion
J. A. Spratlin
11. Slaton
T. W. Calloway
Zcb Colley %..• 15
J. 8. Poolo 10
Dr. J. Walton 15
J. J. R. Carter 25
Wm. A. Pope 25
N. L. McMickin 15
F. G. Wingfield 100
lion. R. Toombs 100
Mr. Toombs also subscribe! at his other plan
tations—one In South-Western Georgia and one
In Arkansas. Other subscriptions were made,
which we were unable to procure.
Mr. Stephens then complimented the people
for the spirit with whleh they had responded,
and complimented the ladies by telling them
that there was a great deal they could do. Per
haps some of their husbands to-day hod not put
down quite as much as they would, boenuse of
a promise to get them a carriage, or a silver set
or eoine other luxury. When they 'get home
they must tell their husbands they would fore
go these things for the present, and raise their
snbscriptlons. He told the members of the
Committee that he would leave the papers In
the hands of Mr. Sam'l Barnett, ne wished
i oj>orW to be made to Mr. Barnett by the 5th of
July, so that Mr. B. could send them to him at
Crawfordsville by the lOtli, and he have them
to Richmond by the 20th.
The meeting then adjourned. Dnring the day
$0,900 was subscribed to the remainder of the
$15,000,000 loan.
Governor Brown and Adjutant-General
Wayne are at the Atlanta Hotel.
Tan Raid on Fo»t Bun van d.—Information
of a reliable character wm Motived yesterday
that a number of armed boate, from the fed
eral fleet lying in the Gulf, had reached the
mouth orilayou Bienvenu, with the view, it
is presumed, of taking charge of the unpro
tected fort at that place. There are, we ua-
deretand, in the fort eight gnna (twenty-four
and thirty-two poundars.) The boats from
the federal ships had, on their way to
the llayou, hoarded all the fishing smacks
they fell In with, taking from the fishermen
all their fish.
Bayou Bianveaue empties into Lake Bergee,
is to the westward of Prsctorville, and about
twelve miles frem Fort Wood, aad the IUgo-
letts, and is one of the approaehee to this city
whioh the British took advantage ef in 1814.
It was rumored yesterdav evening that Gen
eral Twiggs, on learning the above facta, had
ordered anundred men to Fort Bienvenu.—
This rumor, we learned last night wm not
correct—ne action having been taken in the
matter. *
FIDEKICY.
loryUni
8n i Th. undersigned, U whom the annexed
writ of thll detn, elgnad by The. Splo.r, Clark
of th# Rupr.ni. Court of th* United Stataa, la
diraotad, mod respectfully .tatoa :
That th. arroat of Mr.
tho .aid writ named, w»«
th. order, of If .jor-O.D.r.1 Wm. H. Keim, both
of add (.filers brio, in tb. military Mrvioe of
th. Halted 8t.tra. but not within the limit* of
hi. command.
Th. prisoner wm broegkt to thin ponton the
JOth in.tent by Adjutant Jamm »iltia,oraand
Lieutenant William H. Abel, bp order of Col.
Yoho, and 1. charred with r.rion. net. of tree-
ion. and with being publicly uaooi.tcd with
and boldin, n ocmmlaaion ne Lieutenant la n
company having in their pommelon arma be
longing to the United Bt.tre, and .Towing hi.
purpoa. of armed hostility .gainst th. Ooyern*
He ia alao informad that it nan ha alaaidy «•-
tabiiahad that the prisoner haa made often nnd
unreeerved doclnrstiona of hia association with
the org.niaad force, aa bain, in nyowed hoatil-
ity to tho Government, nnd in raadinaaa to co
operate with tho«a engaged in the present re
bellion ngainst tho OoTernment of tho United
Stales.
He has further to inform you that he is duly
authorized by the Preeideut of the United
States in inch eases to suspond the writ of Ae-
teas corpus for tho public safety. Thie Is a high
and delicate trust, and it has been enioined
upon him that it should bo executed with
judgment and discretion, but he is neverthe
less also instructed that in times of civil strife,
errors, if any, shonld be on the side of safety to
the country.
He most respectfully submits to your consid
eration that thoae who should oo6perate in the
present trying and painful position in which
our country is placed, should not by reasons
of any unnecessary want of confidence in each
other, increase our embarrassments. He there
fore respectfully requests that you will post
pone further action upon the case until he can
receive instructions from the President of the
United States, when you shall hear further
from him.
I have the honor to be, with high respect,
your obedient servant,
GEORGE CADWALLADER,
Brevet Major-General, United Slates Army,
Commanding.
OPINION OF CHIEF JUSTICE TANEY.
The following is the opinion in the habeas
corpus ease of John Merriman, filed by Chief
Justice Taney, of the Supreme Court of the
United 8tates, in 11 the Circuit Court of tho Uni
ted States for the fourth circuit in and for Ma
ryland District”
j Before iht Chief Justice ef ike
l tfasraa-wa-A /"Vi,! ri A/ Ik, /Wa-W
A Patiiotic Ladt.—We are informed that
Mrs. Dr. J. a C. Blackburn ef Pika oounty,
hM eeat, by Exprtea, te Get. Brown her fine
gold watch with a request that he mU it and
apply the proceeds ie the support of our gaL
laat troop# in the field. We learm that lire.
Block barn expreeeee her determination to wear
no more jtwelry while the war lasts. WhlU
nuoh a spirit exists among th# women of Qeor-
f ia the men will nsvtr be oonqnered In the
eld.—Federal Union.
II no an Us 1 vsas itt AU Right.—On ac
count of the general war sisilsumf the trus
tees aad faculty of Mercer UatvereUy deter
mined to dispense with the usual Commence
ment exercises this year. By this they save
one hundred dollars of ths expense Thif
amount President Orowford hM Mailed to
Brt#e, as a donation In the BUM, 1$ sfclst
tht YsittfUjn^r****
Exparte i
Jno. Merriman. j
The application in this esse for a writ of ha
beas corpus is made to me under tha 14th sec
tion of the judiciary act of 1789, which renders
effectual for the citizen ths constitutional priv
ilege of the habeas corpus. That act gives to
the courts of tho United 8tates, as well as to
each Justice of the Supreme Court, aud to eve
ry Dietriot Judge, power to grant write of ha
beas corpus for the purpose of an iaouiry into
tho cauae of commitment. The petition was
presented to me at WMhington, under the im-
preesion that I would order the prisoner to be
brought before me there, but as ne was confin
ed in Fort McHenry, at the city of Baltimore,
which is in mj circuit, I resolved to bear it in
the latter city, as obedience to the writ, under
such circumstances, would not withdraw Gen.
Cadwallader, who had him in charge, from tha
limits of his military command.
The petition presents ths following case:—
The petitioner resides in Maryland, in Balti
more county. While peaceably in his own
houM, with his family, ne wm, at 2 o'clock on
the morning of the 25th of May, 1861, arrested
by an armed force, professing to act under
military orders. He was then compelled to
riae from his bed, taken into custody and con
veyed to Fort McHenry, where bo is imprison
ed by the commanding officer, without warrant
from any lawful authority.
The oommander of the Fort, General George
Cadwallader, by whom he is detained in con
finement, in his return to the writ, does not
deny any of the facts alleged in the petition.
He states that the prisoner wm arrested by or
der of Gen. Keim, of Pennsylvania, and con
ducted as a prisoner to Fort McHenry by hfs
order, and placed in his (Gan. Csdawallader’s)
custody, to be there detained by him mspris-
icr.
A copy of the warrant, or order, under which
the prisoner was arrested, wm demanded by
his counsel, and refused. And it is not alleged
in the return that any specifio act, conelitutmg
an offence against ths laws of the United States
has been charged against him upon oath ; but
he appears to nave been arrested upon general
ohargesof treason and rebellion, without proof,
and without giving the namee of the witnesa-
es, or specifying the acts, which, in the judg
ment or the military offioer. constituted these
Crimea. And having thd^riconer thus in cus
tody upon these vegu^njyMgupported accu
sations, he refuses to writ of habeas
corpus, upon the ground that he is duly au
thorised by the President tojuuspend it
The esse, then, is simply ^ia: A military
officer, residing in riniUTljMiis issues an or
der to arrest a citisen of Howland, upon vague
and indefinite charges,, without any proof, so
far m appears. Under this order his bouse is
entered in the night; he is seised as a prison
er, and conveyed to Fort McHenry, and there
kept in cloee confinement; and when a habeas
corpus is Mrved on the commanding officer,
requiring him to produce the prisoner before a
Justice of the Supreme Court in order that he
may examine into the legality of the impris
onment the answer of the officer is that he ia
authorised by the Preeideut to suspend the
writ of habeas corpus at his disorstion, and, in
the exercise of that discretion, suspends it in
this cut, and on that ground refuses obedience
to the writ
As the case comes before me, therefore, I un
derstand that the President not only claims
the right to suspend the writ of habeas corpus
himself, at his disorstion, but to delegate that
discretionary power to a military officer, end
to leave it to him to determine whether he will
or will not obey judioial process that may be
served upon him.
No official notioe hM been given to the Courta
of Justice, or to the puhlie, by proclamation,
or otherwiM, that the President elaimed thie
power, and had exercised it ia the manner
uteted in the return; and I certainly Hateoed
to it with come surprise, for I had supposed It
to be one of those points of constitutional law
upon whioh there was no difference of opinioo,
and that it wm admitted oa all band* that the
privilege of the writ oonld not be suspended,
except by set of Congress.
When the consplrMy of which Aaron Burr
wm the heed became so formidable, and wm
m extensively ramified as to testify, in Mr.
Jeffsreoi's opinion, the suspension of tbe writ,
he claimed, on bis nart, no power to suspend
If, but oom manioc Wd his opinion to Concrete,
with nil ths preoii fa Ms )ttndmfan, in order
*** ."***? “• tflMratton
opon tb* .object, aal determine whether th*
MbUe t«WT required it; nnd in the d.bete
whleh took plaoa npon th* utyad. n* mu.
faalad that Mr. Jaffereoa -'« L ‘ —unlii ifi
ft«» hlmaatf, if, In bla opinion, Ik* pnbll*
Lotion, n pro par raapact tar that high offlo* ha
Bib raqolrea m* to atnto plainly nnd tally th*
this Mt without a cartful and deliberate ex-
Tbe clause in the Constitution which author
ises the sutpeasioa ef the privilege of the writ
of habeas corpus is in the ninth section of tit#
first article. *
This article is devoted to the legislative de
partment of the United flutes, and hst not the
slightest reference to tbe Executive Depart
ment It begins by providing M that all legis-
1 a|lvs powers therein granted shall be vested
in a Congress #f the United BUtee, which shall
consist oT a Senate end House of ReprMenU-
tives.” And after prescribing the manner in
which theM two branches of the legislative
departmentehall be chosen, it proceeds to enfi-
meraUspeoiflcslly the legislative powers which
it thereby grants, the legislative powers which
it expressly prohibits, and at the conclusion of
this specification, a clause is inMrted, giving
Congress “the power to make all laws which
may be necessary and proper for carrying into
execution tbe foregoing; powers, and all othsr
powers vested by this Constitution in the Gov
ernment of the united States or in any depart
ment or office thereof.”
The power of legislation granted by this
latter clause is by its words carafolly confined
to ths specific objects bsfore enumerated. But
as this limitation was unavoidably somewhat
definite, it wm deemed neceesary to guard
more effectually certain great cardinal prin
ciples essential to the liberties of the oitisen,
and to the rights and equality of tbe StetM,
by denying to Congress, in express terms, any
power of legislating over them. It was ap
prehended, it seems, that sueh legislation
might bs attempted under the pretext that it
wm necessary and proper to carry into execu
tion the powers granted; and it was determin
ed that there should be no room to doubt,
where rights of such vital importance wars
concerned, sod accordingly this clause is im
mediately followed by an enumeration of cer
tain subjects, to which the powere ef legisla
tion shall not extend; and the great import
ance which the framers of the Constitution
attached to the privilege of the writ of the
haboM corpus, to protect tbe liberty of the
citisens, is proved by the foot that its suspen
sion, exoept in cmos of invMion and rebellion,
is first in tbs list of prohibited powers—end
even in these cmoc the power is denied, and
its exercise prohibited, unless tbe public safe
ty shall require it. It is true that in the cases
mentioned, Congress is of neeessity ths judge
of whether the publio safety does or doea not
require it; and their judgment ia conclusive.
But tbe introduction of these words is sstand
ing admonition to the legislative body of the
danger of suspending it, and of the extreme
caution they should exercise before they give
the Government of the United States such
power over the liberty of a citizen.
It ia tbe second article of the Constitution
that provides for the organisation of tbe Exe
cutive Department, ana enumerates the pow
ers conferred on it, and prescribes its duties.
And if tbe high power over the liberty of the
citisens now claimed was intended to be con
ferred on tbe President, it would undoubtedly
be found In plain words in this article. But
there is not a word in it thatean furnish ths
slightest ground to justify the exercise of the
power.
The article begins by declaring that the Ex
ecutive pewer ehall be vested in a President of
the United States of America, to hold b is office
during tbe term of four years—and then pro
ceeds to prescribe the mode of elrotion and to
specify in precise and plain words the powers
delegated to him and the dnties imposed upon
him. And the short term for which he is elect
ed, and tbe narrow limits to which his power
ie confined, show the jealousy and apprehen
sions of future danger which the framera of
the Constitution felt in relation to that De
partment of the Government—and bow care
fully they withheld from it many of ths pow
ers belonging to ths Exscutive branch or the
English Government which were considered
m dangerous to the liberty of the subject—and
conferred (and that in elear and specifio terms)
dean
those powers only which ware deemed
tial to secure the successful operation of ths
Government.
He is elected, m I have already said, for the
brief term of four years, and is made person-
nally responsible, by impeachment, for mal-
feMance in office. He is from necessity and
the nature of bis duties, tbe Commander-in-
Chief of the Army and Navy, and of tbe Mili
tia, when called into actual service. But no
appropriation for the support of the army can
be made by Congress for s longer term than
two years, so that it is in ths power of the suc
ceeding House of Representatives to withhold
the appropriation for its support, and thus dis
band ft, if, in their judgment, the President
used, or designed to use, it for improper pur
poses. And, although the militia, when in ac
tual service, ere under hie command, yet the
appointment of the officers ia reserved to the
BUtee, m a security against the use of the
military power for purpoees dangerous to the
liberties of the people or the rights of ths
States.
Bo, too, his power in relation to the civil du
ties, and authority necessarily conferred on
him, are carefully restricted m well m three
belonging to his military charMter. He can
not appoint the ordinary officers of Govern
ment, nor mike a treaty with a foreign nation
or Indian tribe, without tbe advioe end con
sent of the 8enate, and cannot appoint svsn
infsrior officers, unlsss he is authorised by an
Act of Congress to do so. Hs is not empower
ed lo arrest any one charged with an offence
against the United 8tatee, and whom he may,
from the evidence before him, believe to do
guilty, nor can he authorise any officer, civil
or military, to exercise this powar, for ths fifth
article of the amendments to ths Constitution
expressly provides, that no person “ shall be
deprived of life, liberty or property, without
doe process of law-tksl is juliefel process.-
And even if the privilege of the wriAof habeas
corpus was suspended by Act of Congress, and
a party not eubjeot to the rules sod articles of
war wm afterwards arrested aad imprisoned
by Judicial process—he could not be detained
in prison, or brought to trial before a military
tribunal, for the artiole in the amendments to
the Constitution, immediately following the
one above referred to—that ia, the sixth ar
ticle provides that: " Tn ell oriminai prosecu
tions the accused shall snjoy the right to a
speedy and publio trial by an impartial Jurv
oT the 6Ute and district wherein the crime
shall have been committed, wbieh district
ehall have been previously aseertelnsd by
lew, and to be informed of tbe nature and
cause of tbe accusation; to be confronted with
the witneeeee against him, te have eompulsory
procsM for obtaining witneeeee in his fovor,
and to hav# tbs Msietaoce of counsel tot his
dsfenM.”
And tk* onl/ paw.r, ikarafora wkiak tfcn
Traddant poaaaaaaa wbara Ik, •< lift, libartj,
or propart; " of aprint, oUla«a U oonoaraad,
ia lb, paw.r and dm, pmarikod ia U* Lkird
Mellon of tho Mooaa article, which raqairaa
•tfcat be ehall lake care lh»l the lave haSilk-
tally aiaeatad." Be I* net nnlhorltad to as-
test* the* kl«M>C or Ikrouh a|Ml< or tr
icorn, oItU or ■Hilary, appclntad by klaaolf,
uhI o4J-a4.hr Of «flpw«o bnaok of
it duly lo Make.
MUktrlM th* ouaponaion of tho prl.Tlana of
aioly doe* not faithfully .xaouta th* taw*.
ouoptndlaf th# writ *f kabnt torpni. and Ikn
non any argumaot ho drawn from lb* attar*
ef oeTMwigatyi or the nooowItiM of Qorarn-
mont for Mlf-dofOBs* In lb* tlwas of tumuli
had dnngar. Tha OoTtrnmaat of tho United
Stataa I* oa* of delegated and Halted powere.
It d.rival lie nietenoe aad natborily alto
gether from th* Conetitutloe, nnd neither of
lie branches, E,.entire, Laglelntire, *r Judi
cial, can tiereisa 'any ef the powers ef Lor-
arnn.nt beyond thoao tpoeifind and granted.
Por lb* tenth article of th* amendment to Ih*
Cenetllnllen, ia expense term,, proridea that
“the power* not delegated lo'tboUoilod StntM
by th* Conttitntlon, nor prohibited by it to
tboBlntot, nr* roaorred to the 8inioo re,p#c
tiaoly, nr to the people.’’
Indeed, tb* aeeurlty against Imprisonment
by Ezeoutlr* authority, proved for in tho fifth
article of tb* amendment, of tb* Conotitution,
whioh I hart before quoted, ie nothing more
than n copy of a like provision lo tha English
Constitution, whioh had boon Irmly oatabliah
ad before th* Declaration of Independence.
Blnokeiooo, In bis CommonLarloa, (lat vol.
187,) StntM it in the following words:
To tank* Imprisonment lawful, it mual be
either by preoni from tho Conns of Judica
tor* or by warrant from mom legal officer
having authority to commit to prison.” Aad
tbo people of tb* United CeloniM, who had
tbenualvM livad under it* protMiloa while
they were Britiah anbjeotr, war* wall nwnr* of
the neceeeity of thie safeguard of their person
al liberty. And ns one onn believe that in
framing a government intended lo guard mill
more efficiently Ih* right* nnd tb* libertito of
the eitiiens against Exaeulire encroachment
nnd oppreMion, they would have conferred oa
lb* PrneMtnt n pewer whleh tk* hiMery ef
England had proved to be dangerous and op
pressive in th* hands ef th* Crown, and wbieh
th* people of England bad eompelled it lo sur
render after n long nnd obstinnl* struggle oa
the part of Ibe English Exseullve lo usurp
nod retain it.
Tb* right of tbo subjsct to tb* beaelt of the
writ of kabtmt corpus, it must be reeolleeted,
wm on* of th* great points of controversy dor
lag (hs long alruggl* in England between nr
bitrnry government nnd frM institution*, and
mast therefore btvo strongly nttraolod Ik*
attention of stnlMiaon engaged ia framing n
new, nnd, as tbay supposed, t freer govern
ment than tbo one whioh (bey had thrown off
by tb* revolailon. Por from th* Mrlitst bis
lory of tbo Common Law, if n person wm im-
irisioned—no matter by wbtt authority—he
isd n right to lb* writ of kobtat corput to briog
bis ease before Ih* King’* Deeeh ; nnd if no
•pecifio offence wss oharged against him in
tb* warrant of eommitmtat, b, wm entitled lo
be forthwith discharged; and if an offence wm
charged whioh wm bailable in its character,
ths court was bound to Mt him at liberty on
bail. And tb* moot oxolting oontoat bet wean
lb* Crown nnd Ibo people of England, from
(ho time of Magna Chart., war* in relation to
tho privilege of thia writ, and tbay oonlinned
until Hie paasnga of tho atetuto of 81st Charlos
II., commooly known M the great Aei«u
put not.
Thia alalui* put an and lo tbe alruggto, nnd
Anally nnd irmly secured the liberty of tho
subjoot from tho nsurpnlion nnd oppression of
th* executive branch of tbe government. It
neverthelsM conferred no now right open Ik*
•ubjeet, but only secured n right already ex
isting. For, although tho right eould not bo
justly dsuiod, thtr* wm oftta no effsolunl rsm-
edy against Us violation. Until thostetuls of
tbe 13th of William 8d, tho Jndgen bold thoir
offices at the pleasure of th* King, nnd tho
iniueno* which be extroiMd ever timid, time-
•erving nnd partisan judges, often ioduotd
them, upon aomo pralaxt or taotbor, to refute
lo discharge tbo party although b* wm anli-
Hod to U by law, or dolayod thoir decisions
from litn* to lime, to m to prolong th* im
prisonment of pontons who wore obnoxious lo
tb* kiag for their politic*! opinions, or bad In
curred hi* retool msnt in any other way.
Tho great and Inestimable vain* of tbo ha
beas corput set ef Ik* 81st Charles 2, is that it
centaiu provisions whioh Mmpal court* nnd
judgM, nnd nil partiM eoncarned, to perform
thoir dutiM promptly, in lb* meaner tpMiied
in lb* stntut*.
A p.sMgs in Blnckstonn'n Commentaries,
showing tb* nnoiont state of Ik* law npon this
subjoot, and tb* nbniM whioh wore prMtisod
through tbo power and influence of tho Crown,
nnd n short extract from Hallam's Constitu
tional History, staling Ik* circumstances
whioh gave via* lo th* passage of this ttatuts,
explain briefly, but fully, nil that is malarial
to thin subjeot.
BlMkstoae, ia bla Commentaries an Ih*
Law* of Eogland, (3d vol., 183-184,) lays:
“ To Maori an nbnoiuts exemption from im
prisonment in til cuts, la inooaeisiaat with
every idem of law nnd polltiMl society, nnd tn
tk* end would destroy nil civil liberty, by ree-
derieg its protection impossible.
11 But the glory of th* English law ooaaists
in clearly defining tht lime*, th* anuses aad
tha extant, whan, wherefore, and to what de
gree tho imprioonmsnt of tho vubj.ot may he
lawful. This It In Whleh IndnoM tho tbMlnl*
necessity of expressing npon every commit
ment the reason for which it Is mndt, that tbs
Court npon n kaboat corput may nxaminn into
ill validity, and aooording to th* eireumalan-
•tancaa or th* caaa, may diaoharga, admit te
bail, or remand th* prisoeer.
And yet Mrly in Ih* reign of Chariae I.
the Court ef Kiag'e Bench, relying on Mm* ar
bitrary precedent!, (nnd those perhaps miss a-
doretood) dartarmlaad ihnt they weald not,
npon n koboot corput, either bail or dtllvtr n
prisoner, though Mmmltlsd without nay cans*
eusigeud, in sum kn wax 0«nmilled by th*
■ postal command of Ih* King #r by Ikn Lords
of th* Privy Consul. Thie drew ns at parlia
mentary inquiry, and produced th* Petition
•f Right—3 Charles 1.—wbieh reeUet this Il
legal Judgment, and a tecta that •* f ream.a
hare*flee shall b* a* Imprisoned or detained.
But when ia th* following you Mr. fieidon
and others were tommltud by th* Lord* of
Ibo Connell In pnnaaM* Of hi* Ubiety's spe
cial command, under n general charge of ■no-
tnbl* oostnmatn, usd stirring up sndliio*
against th* King and tha Oarer*meat,’ th*
thelong mentis*) t* d*U*M on apinioa haw
grunt n koboot tot put, being already i
anointed with tb* mom of tb '
Bat thin was knnrd with I
a- - ”
relied o* M a jnstiflentlon for his i
ImprlMBment, in their nature tad
ana In ths Isom and vagus mnnnai
Mae, >nd
arrant nnd
charaoier,
vague manner in whinh
they sis tinted, bear n striking reaamblnnea
M sboM tnrinnndintha warrant fer th* arrest
ef Mr. Sold**. And rat, tvs* at that day, Ih*
.at wm regarded as aooh * flagrant vie-
*f the rights of tk# onh|Mt. tUt tbo
daisy of timo-Mrving judgM t* net him at lib
erty upon Ih* kobeot corput issued in bin be
half axeilad universal Indigaotion at tk* bar.
Th* extract from HalUm'e Constitutional Hi*,
twy In tonally Impure!re aad rqoaHy in
point. It I* toL 4, p. 14.
“ It ir a very oaatmo* mistake, tad not only
among foreigasrs, hat many from whom soms
knowledge of oar Mutituttonal Inn* might bt
expaottd, t* suppose that this ntntnto of
CntriM IL onbtrgod la n groat degree oar Ub-
artiea, nnd forma t sort of opoehlt thoir bio-
lory. Bui though n very benefleUI enactment,
nnd ammantly remedial ia many sums of ille
gal Impriaonmant, it inlrodueed ns now prin-
eiple, nor oonforrod any right upon th* aubjoet.
From th* earliest record* of tk* English lew,
so fre* nun oonld bt detained ia prison axoapt
npon * oriminai ohsrgo, or nonviotiea, or for
a civil debt. In tht former cut It wm always
it kin power to demand of Ih* Court or King'e
Bsnob s writ of kobtot corput ad tubjiamium
diraotad lo Ik* parson detaining him in ousto-
dy, by whleh he was enjoined to bring ap th*
body of Ih* prisoner with th* warrant tfeom
mitment, that tht court might Judge of its tuf
fioieney, remand Iht party, admit him lo bail,
or diMbtrge him, necordieg to tht nature of
ebargt. Tbit writ issued of right, nnd oonld
not bo refused by tho oourt. It wm net lo
bMtew an immunity from arbitrary imprison
moat, which it abundantly provided for ia
Mngn* Charts, (if iadsod it were not more
nnoiont,) that th* slttato of Charles II. wm en-
icttd, but to cut off tb* abuSM by which tb*
governmoat'e luet of power, aad th* servile
subtlety of Crown Itwy ere had impaired so fun
damental a privilege.
While the value eel upon thie writ in England
hM beta so great Ihatlh* removal of th* abases
wbieh embarrassed it* enjoyment! hare been
looked upon ne almost n new grant of liberty
to Iba subjoot, it ie not I* b* wondered at that
th* eonlinunnoe of th* writ thus made effae-
tiva should hav* boon Ih* object of tho moat
jealous cure. Accordingly no power in Eng
land short of Ihnt of Parliamont can suspend
or authoris* th* suspension of the writ of
kabtat corput. I quote again from Blnoksten*
(1 Comm. 186): “ But tht htppinoss of our
Constitution is, that it Is not loft to th* exec
utive power to determine when (ho danger of
tho Slot* ie so great as to render this measure
ax padient. It Ts tht Parliament only, or leg.
islativ* power, that, whenever it MVS proper,
can authorise th* Crown, by suspending th*
kabeot corput for t short 1 ana limited time, to
imprison suspected person without giving toy
reasons for so doing.” And if tho President
of th* United States may suspend the writ,
then the Constitution of Ih* United Statu has
conferred open hits more regal abtolnl* pow
er over Iht liberty of Ih* eitixen than Ih* peo
ple of Eeglned have thought it Mft to entrant
to th* Crown—a power whioh th* Qaten of
England cannot ox.reiM at (hie day, and
whioh could not hav* been lawfully txoroisod
by th* eovcrelga even in the reign of ChtriM
th* Firm.
But I am not left to form my judgment up.
o* thin Croat qoMtion from analogies betWMD
the English Government aad ear owa, or th*
commentnriM of Eoglieh jurists, or tho dMi*
•ions of English Courts, although upon
this subjoot Ihey nr* ootitlsd to lb* high
est respect, and nr* justly regnrdsd tad re
ceived as authorilaliva by our Courts of jus
tice. To guide me to a right oonolasion, I
have the Commtntariea on th* Constitution of
tha United States of th* lot* Mr. Jostle* Story,
not only oao of iht most omioonl jurist* of
th* ago, but for n long timo on# of th* bright
est ornamsnls of tb* Supremo Court of tb*
United Stalu, and also Ih* clear and antheri-
jalive decision of that Court itself, given more
then half n century since, nnd conclusively
establishing th* principles I htve above sta
ted.
Mr. Justice Story, speaking In his Comma*-
Uriel of the kabeot corput onus* in the Con
stitution soya:
“It in obvious that cssn of a peculiar emtr-
ganoy may triH, which may justify, nay,
even require, th* temporary suspension of
any right to th* writ. Bat as it hM frequent
ly happened ia ferriga oouniriee, and even in
Eogland, that th* writ has, open various pre
text* tod ooearion* been •upended, whereby
penene apprehended open iuapieion have suf
fered n long imprisonment, eometimen from
doeign, nnd sometime* beoauM (hoy wore for-
gollon, tho right to suspend It la expressly
conflotd to case, of rebellion or iaraaloa,
whore (ho publio safety may require it. A
vary jnat and wholsMm* restraint, whleh coin
down at a blow a fruitful mean* of opprauion,
capable of being abused la bad timet lo th*
word of purposes. Hitherto on suspension
of th* writ ha* ever been authorised by Oon-
grovs sinoe the establishment of th* Coutltu-
tion. It would seem, >■ th* pewer I* given to
Congnea to suspend tha writ of kabtat corput
in omm of rebellion or invMion, that Ih* right
tojndg* whether ih* exigtnty had nrioen,
t^ual exclusively bclosg to last body.” 8
Story'* Com. on Iht ConetUntion, eootlon
1886.
And Chief Justice Marshall, ia delivering
the opinion of th* Supreme Court in ih* oaao
of tzportt Uoilmon nnd Swortwoal, ueqp thia
decisive language In 4 Craaeh, 96. It may
be worthy ef remark that thie “ act (speaking
of th* on* under whioh I am preeaadiny) wu
loosed by Ih* (ret CongrtM of th* United
Mat**, Sluing under a MtMUnrion whleh had
declared ‘that the privilege of the writ ef Ae-
bcat corput should not b* suspended, anises
when, in ess* of rebellion or inrarioa, th*
publio Mftly might require it,' Aeling un
der th* Immediate influent* of thin iejunotioo,
they mutt bar* felt, with poealior fores, Ik*
obligation of pretiding efficient meeae by
whioh thia great oonstitatlonol privilege ehoald
iTS'jEA'&'ZilK.lAai! ”
loti, although no law for lu supernal*! ohouid
be aaaoted. Under th* impreawba ef thia
ohligolUo they give, I* *11 th* eewrit, the
power ef arordieg write ef kobtot torpoo.”
Aed egsie, ie peg* 101:
•• If ei any time the>eMie eefety aboeid re.
qwlra Ih* aMpeeriew of tb* newer* reeled by
ide u petti teal ccMidcfotioso, o#
Leg!stolen la te deeid*. UetUtge
t will fee expreMed, thie eaert eg*
J #WtJ, tdd meat obey tbe Mw.”
pintle w
Bof lb* deewmewta'briW* are tbew thol i
teiluery oatherUy ha this oooo hoe (tester
tpirbapethe nail 0mti
P*» ,r *ed daty,
•dmiaiatariag th,
Itery gevernmant In it* D u». ,
laud and uraui ky
h* Dinar!
retided !■
priMe^’
Up I* that lime there had
sllghttat rreialaoca or obalroetul? a
CM* of any court or judi.i.l '
United States ie H.rylaod ,,^
Buy uthorily. A.d if * mitiZ,-
lb* prisoeer bed oommiitod .
the lewa *f the Unitod biuea 1
ty to gire loforiaatioa oflkl .
avidaoc* to aapport it, u> ik, i
terwoy; aed it woeld thoe hat*.
d '“J of; 11 ** effierr to hri.gihT,
tk* Diririet Jodg. or CommUra
WM auffioiont legal evidence la j™,,,
real, iba judge or commissioner -
issued hia warrant to th* Martk?"
him ; nnd anon tha bearing of UmL-
bav* hold him lo bail or coaaiiuTi
Irlei, aooording to th* charaoier eta 1
m it appeared la th* testimony,
dtaobargod him immndialaly if
sufficient evideoca to lopport the , *
There WM no danger of ,
or retbfnno* tn tht action of n, j
iliM, nnd therefore no renton tb
th* iatrrporitioa or th* milii*.
under these oircumttaaeei, * miiii—
stationed in Panuylvania, withawi
information to the Dintrict Altortty ■
oat tty epplioetioa to the judioial,
aaaumofl to himself the judicial n
Dietriot of Mary lend; undent!
what ooutitutta the crime of t
hellion; what uvid.net (if, iJ
ed nay) It sufficient to support iht *
nnd justify thecommIlm.nl •
party without having n hnarug uul
him..If, to olone ountody in n etn *
•onod fort, to be then held, it „„
during the pleuure of tboee tht^
him.
Tht constitution provides, m 1 hem j
Mid, ihnt “ no person thtll he 4|wJ
life, liberty or property, without 4t|J
•f law.” It declares that “the itul
people to b* secure in their j~
papers and effteU, ugeiuil uirt
m and Mluures, (hell not be rioUtei ■
warrant shall iieue, but upon probebitL
eupported by oath ur affirmation, trig
ularly deacribing I hajplioo to ha'
tht ptreons tn be Mixed. It pn
party noeuted shell be entitled it e ■
trial ia e oourt uf Jaetioe.
And th*M groat sod fumL
which Ceugreai itself could not rei
been disregurded and sueprnded !fi
off kabtat corput, by t mill: ary older, g
ted by foro* of arme. Such ie tht m,
before me, and I enn only ety, that Vfl
thorlty whioh Ih* Conetliulion halt
th* judioiery department and judieh
■*y than upon tny pretext, er under*
onmnUnoM, be usurped by the wtilitnag
er nl it* discretion, tht people of tki|
StntM are no longer living under tj
mint of laws, bnl every eitixen bob'
erty aad property nl the will nnd |
Ih* army officer In wbont milil
may happen Ie be found.
la aooh anno my duty wm lea 4
mistaken. 1 have exercised >11 ike |
whieh the Conalilulian end len emlw
bnt that power hM been resisted by in
Wrong for me to everoom*. It it poeek
lb* offioer who hM ioenrred thie gnu it
nihility may her* misunderstood hi* 1
lions, and exceeded the authority let*
b* given him. I ehall therefore ordw j
prooeedingt in thie out, with my opt
be filled end recorded in ibe Circuit t
tb* United State* for tho Dietriot of id
end direct tb* Clark to trnnimit • t
dor Mai, to th* President af the Ueilf
It will then remain for Ihnt bigh <
fulfillment of Mu constitutional obi'
re that tb* laws b* falthlk.
lad,” to dolermlo* what measure*kt*
to eeiue th* oivil proconi of tht Utl
to b* respected aad enforced.
R. B. TANEY, Chief Ja
of tht Swprem* Court of th* Ual
SILVEY i DOUGHEBT
NOROROSS' BUILDING,
J unction Whltahall Sc 1
Btreeta,
H AVE just r*o*iw*d, and «ra t»t^
ths lergMt stock of Good, they k»!
offored in on* Mason. Their itoriaM
txelnsively for Cub, nnd will b*P
flguroa.
7h*y haw* every variety ef
DRY GOODS,
from Brown Homespun, to th. j
Bilkn j all ktndn of freeh LADI1
GOODS; a largo aooortm.ot of
ineIndtngLinonn, Lawn., Plaoa 0«ori.0
Gingham., Aa.; all kindn of HOfllF*
FANCY ARTICLES. Aim, alerpa
Of
JKW1CLHY, WAT
In their Benemant Room., Uty I
gnat and tail supply of
Rwwdy-Mad* Clothiitfl, J
and GENTLRMEJTS FURNISHINW"
TRUNKS, UMBRELLAS, Ae.
$!*,»** worth of
SHOES, BOOTS, J
omhiaeiog all tlnon, and • great r
dire, Miaaao, Man. Boyi and Child
Thoy repeat i thalr atock ie
they are determined to Mil.
Th* public ere respectfully i* Ti J
tad axamina their steak aed pnari*
chasing eimwhare.
marahS SILVEY A !
Alatau luarsBce
montgomebi
CAPITAL
T^KTfuVreJThMg
lisa whiah haa planed it among m»~
of IanamaMOomptols* in th. reo*j
Mien ail hied* of ineorabla t
moot fovorabl. term*.
DIBECTOBS.
B.H. tfrtoeif, Boriy Tn. O l
P.M. Gilmer,
D. A. Clerk, J- U
Vm. H. Bint.
J.Bk Hatch***-. Joh* A. l
samubl stimy
Offiaa t — Vhitahaii A J
June T.
ffOTICK TO WffSATOtOi
m
ORMOND*