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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*