Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1861-06-25

              V? 4 ' &tr 7 5 . t - f -- SSt v Z 7-: -1 ' i s A. i' MOUNT VETOONi&OHIC)r JUNE 25. 186i. VOLUME XXV. - r - v , : - III iiif'i t'm .. ..... - j" i. llwIL""""'"!" waii " ) i; ! V5?' " :..U - - ' ! --. - i ' i-- 1. 1 7' ,4 w - I J rVBUaB XVMT TC8AT OUU, BI L. UAIIPER OSce ia "VToodTArd't Block, TMrd Story TEEMS Two Dollars pMBm, piytlil la ad-r&BM S2.& within ix months j $3,09 after ths expiration of the year. , .... . . --- -" : - - - ma THE BOITUJ SOJER BOY. fx BAMVMt. loran. t tiort' kot trado tlit' ffolng, , Worth shoving! Or knowinjr, Llk th from glory growing, For bow Id tojerboy; Hir right or left w go, 6r you know. BrUnd or loo Will hro tho Land or loo. - From bowld oojor boy ! Tboro' not trwn wo niaroh thro. But tho l&diet, looking oroh thro', ' Tho wiadow-panos, will March thro Tho ranks to find their joy; XVTUo up tho street, Each girl you moot, With looks so sly, - Will ery "Moye! Oh, isn't &o a darling, the bowld sojer boy ! But when wo get the route, How they pou " .. Aad they shout While to the rixht about Go the bowld gojer boy. Ob, tis theft that ladies lair - in despair Tear their hair, But "the diil-a-one I care," - Says tho bow 11 lojer boy! For the world is all before us, Where tho laodladies adore ua ; And near refue to score us, But ehalk us up with joy : We taste her Up, We toar her cap '"Oh that's the hap For mo!" -Sayssbe;" . , "Oh, isn't he a darling, the bowU sojer boy! HI. - 'Then come along with me, Qramaehree, And you'll se, - How happy you will be With your bold sojer boy; Faith ! if you're up to fun. With me run; Twiil bo done In the mapping of a gun," 6ys the bowld sojer boy '; 'And 'tis tben that, without scandali Myself will proudly dandle The lit lift lanhiDg candle Of our mutual Stmo, my joy! 2f ay bis light sliino A bright as mine, ; : TiU in the lino :; t '::: . "fiell blase, : - , Aud raUi .. , " ,:, . Xbe glory of his corps, like a bowld sojer boy. 'fnE ilERUiniN .CASE. DPIBIOH CHIEF JUSTICE TANEY. I The following is the opinion in tbe Kabtas tor-fu case of John Merryman, filed by Chief Justice Taney of the Supreme Court of the United States in "the Circuit Court of tbe United States for the fourth tlrcuil ia' and for Maryland District t" . Ex parte Jihn irerrrfmaA. Beor6 the Ckitf Justice of the Supreme Court of tlie Untied States, at Chambers. -The application iu this case for a writ of kabtus corpks ia made to me eoder the Jih section of the judiciary act of 1183, which renders effectual for the citizen the ConsiilbUonal privilege of the habeas corpus. That act gives to the courts of tbe United Stater as well as to each Justice of the Supreme Court, sud to every District Judge power to grant writs : of habeas corpus-.tor ther purpose of an inquiry into the-cause f commitment. The petition was presented te me atr Washington, under tbe Impression that I would order the prisoner to be brought before me there, but as he was confiutd la Fort Mclleory, at the city efBaUimore, which is ia ray circuit, t resolved to hear it in the latter city, as obedience to the writ, under such eircuur stances, would not withdraw Qeoeral Cad walla-der, wh bad him in charge, from the limiu of bis military command -- . : .. - ' The petition preseot the following case :' The ,: petitioner reeidW'ln ' Maryland, in Baltimore " County. ' 'Wtile pea'ceahjy in. his own house with bis family, he' was, at two. o'clock on the morning of the 45th ot May, 1861, entered by an armed force professing to act under military or rd:rsv IX was then compelled to rise from bis ;. ' bod, taken Into cnslody and conveyed to Fort - XIcLIent, where be is imprisoned by the com-.taanding oSfcer, without warrant from any law-;ful authority ' , ' . ,The commander of the tort, General Qeorge Cad walled rj by whom be ia detained in confine- :-:ent, lh his return to the writ, does not deny any ,J' cf the faets alleged in the petltioh. Ho states ' . that tbe prisoner was attested by order of Gen- itral Keim f of Penntylvanla, and conducted as it prisoner to Fort Mcllenefy. by hi of der, atd nnd placfed In bis (deuef sJ CadwaHader's) eus- ; toil to be there detained by bim a prisoner. " A copy of the warrant or order, onder which the prisoner was arrestedi was demanded by bis counsel and, refused. 'And it is not alleged in ithe tttara that any specifia act; cohsthutiog na t-etse against the taws of the United Stales, ' baa been charged against him upon oath ; but he atppe&rs td have been- arrested upon, .general . Charges of treasdri and rebfelUofl. witbotit proof, i e.od without giving the names of the witnesses. iwspecifyinjtha act,.bicn In the judgment-of 1 toe tcuitary clllcer, coojtitatod these -ormes. And batibg tha prisoner thus in custody tipon .' these vague and Unadp ported accusations,' he re . fuses to obey the writ c( habeas corpus, upon the ; gTpuhd that he ia duly authorized by the Preside tft . tn anArionil it.. . ; i, . ' ' . - - . . : The case. then, is simnlv this. A miiiiarr at ' Beer, residiog in Pennsylvania, Issues aa order J to arreet a citizen of Maryland, upon yagae and tndesoite claries, witH any proof, so far as ap-. pears. - Under tLii order his nouse is entered in tis tgtt he ia Esizad as a prisoner and conveyed -to Tort LlcIIeary,! and there kept in dose on finement. And when Jiatezs corpus is served oa the comma', lie cheers, requiring mm ftd ?FroJac tie - rrkjoaer before ' Jasiiee of. the i,aprc :s L,o-rt, 3 crz$r tat he nay . examine tla 1" " -'.ty cf tls i7r"30sriei:t, t'e tnswer cf tl-j c-.'.r-is 'that ta i3 agthorizeit by the T- . i fu:; end tie writ t tales-, tor lcavo ii to Lim to determiss whether ho win "or will not boy jadicial proceM that may L' terred npea him.' -: p . : No official ttoUca hu teen given to the Coaru of Jotic,or to the pablic, br proclamation, or otherwise, that the President ci aimed this power, and bad exercised it ia tba manner stated in the return. - And I certainly listened to it with soma sorprisa, for I had supposed it to be one of those points of constitutional law npoo which there was no difference of opinion, and that it was ad enitted on all bands that tba pririlega of the writ could not be suspended, except by act of Congress.. When tba conspiracy of which Aaron Burr was the bead became so formidable, and was so extensively ramified as to justify, in Mr. Jeffer son's opioioa, tba suspension of tba writ he claimed, on bis part, no power to suspend it, bot communicated bis opinion to Congress, with all the proofs ia bis possession, in order that Congress might exeeisa its discretion opon the subject, and determine whether the public safety required it. ' And ia tba debate which took place upon tba. subject no one suggested that Mr. Jefferson might exercise the power himself, if, in his opinion, the puUio salety required it. Haviofr therefore regarded the question as too plain and too well settled to be open lo dispute, if the commanding officer bad stated that opon his own resposibility, and in the exercise of bis discretion be refused, obedience to the writ. I should have contented myself with referring to the clause in the Constitution, and to the construction it recti red from every jurist and statesman of that day, when the case of Burr was before them. Bat being thus officially notified that the writ has been suspended under the order, and by the authority of the President, and be lieving, as I do, that the President has exereised a power which be does sot possess under the Constitution, a proper respect for tbe high office he fills requires mo to state plainly and fully tbe grounds of my opinion, in order to show that I have not ventured to question the legality of this act without a careful and deliberated examina tion of the whole subject. The .clause in the Constitution which author izes the suension of the privilege of tbe writ of habeas corjtus is the ninth section of the first article. This article is devoted to the legislative department of the United States, and has not the slightest reference to the Executive Department. It begins by providing ' hat all legislative powers therein pranted sball be vested in a Congress of tbe United Stales, which shall consist of a Senate aud Honse of Representatives. And after preseribiog the manner in which these two branches ot the legislative department shall be chosen, it proceeds to enumerate specifically tbe legislative powers which it thereby grants; tbe legislative powers which it expressly prohibits, and at the conclusion of ibis specification, a clause is inserted, giving Congress "the power lo make laws which may be necessary aud proper fur carrying into execution tbe foregoing powers, and alloiher powervts'ed by th s Con mi u' ion in the G 'Vt-rnuient of the United States or in any department or office thereof. ? ' . ' 1 he power of ieglatkin granted by this lattet ciau is or. ii wuras cararuiif cvuunea to tee pocifit; objects before enumerated.- But a ibis l.tD UklUHL y "t"fKT "T1'' " J-g it was dermed necessary to guard more eovctu-ally ct-iuin great caKliual principles essential to ike liberty of the cttizua, and to the rights and equality.of the State, by denying to Congress, iu express terms any power of legislating over them. It was apprehended, it seems, that snob legistion might be attempted under the pretext that it was necessary and proper to carry into execution the powers granted; atd it was deter mined that there should be no room to doubt, where rights of such vital importance were concerned, and accordingly this clause is immediately followed by an enumeration of certain subjects, to which the powers of legislation shall not extend ; and the great importance which the framers of the Constitution attached to tbe priv ilege of the writ Of habeas corpus to protect the liberty of the citizen, is proved by tbe iact that its enspension, except in cases of invasion and rebellion, is first in the list of prohibited powers, and even iu these cases the power is denied, and its exercise prohibited, unions the public safety shall require it. It is true that in the cases mentioned Congress is of necessity, the judge of i whether the puolic safety does or does not require itt and their iadgment is conclusive. But the introduction of these words is a standing admonition to the legislative body of the daorer of suspending It, and of the extreme caution they should execise before they give the Government of the United States such power Over the liberty of a citizen. ,-' . It is tbe second articles of the Constitution thet provides for tbe organization of the Executive . Dopertment, and enumerates the powers conferred on it, and prescribes its duties. And f the high power over tbe liberty of the citizens now claimed was intended to be conferred on the President it Would undoubtedly be found in plaia words in this article. But there is not a word in it that can furnish the slightest ground to justify the exercise of tbe power. The article Degtn oy ceciering that the Exee- ative power shall be vested in a President of the United States of America, to bold bia office during tbe term of four years ; aud then- proceeds to presence the rood of election and to pectfy b precise an6 slain woras tne powers delegated to him and the duties imposed upon niaJ. And the short term for. which he is elected, and the narrow limits to which his power ia confined. show the jealousy aad apprehensions of future danger wbia) the fraatere of the Constitution felt in relation to that department of the. Government, and bow carefsluy they withheld from it many of the powers belonging to the Executive branch of the BogIih Government, which were consid ered asr dangerona to the liberty or the subject. and coufmd4laad- that - in clear and specifio terms) those powers only which were deemed essentia) to secure the successful operation of the Government " , .. . - . . . He ta elected, si I bate already and. tor the brief terxn of fjuf y&art, atsd is made personally resp onsible, by impeachment, for malfoajraace ia office. He ia from necessity srud the natare of his denies tfie ComCfa&der-in-Cbtef Of ih8 Army and :Mavy, and of the militia; when ee!ed into actual aetvice. -. Bat no appropriation for the sup port of the Army can be made. by Cffogfee tor a longer term than two years, so that it is In the power ot tbe aueceeuitg ' liouga or Uepreseata-tifes to withheld the atorobriation for fiJ ufport stud thus disband ft.- if in their - rudgmeit the President csd or designed to ox it for icc'profeer purposes.- And -alihoeghV th militia. Lea fn ctuai. eervic, are ender laa omcina. ret tn ... atpoihtment of thefScert is reserved for the States, ai ft secsritj s.tainst the c:a cf tH taili tafy power for purposes dangerous to lie ULtf tie ci tha pex;;a cf $la 1 1 u or the Btaiesv 03,100, cis poweT in r.&uoa to tietit.1 duties end autlcrlty necc-srrily etiferrei on bin yre carefjL'y rg:tric'.si ai wt!l ts these tIo:-'iu U his culltary clarseter. :-11 a, cct -??oiiitti3 CTztrr cc?r3 ct uaver;sest, ccr tatia trtir tE-:ihaf;r;'jacs.U5a, cr la'Ira tribe, i:a- c-t tl ad vie a t-1 tsznal cf tla C:r.s.ta,'and rwi, tba Sth article of th ; amend men ti to the Constitution, expressly provides that no person "shall be deprived of life, liberty or property without, due process of law ''that ia judicial nronfiss. . ' "'r '- ' And even If the privilege of the writ of habeas corpus was suspended by act of Congress, and a party not subject to tne rotes ana articles 01 war was afterward arrested and imprisoned by regu. lar j udicial proces, he could could not be detained in prison or brought to trial before a military tribunal, for the article in the amendments to the Constitution immediately following the one above referred to that is, the sixth article -provides that "in all criminal prosecutiobs the accused shall eojoy the right to a speedy and publio trial by an impartial jury 'of the State and district wherein the crime shall have7 been committed ; which district shall nave been previously ascertained by lew,, and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in bis favor, and to have, the assistance of counsel for bis de-fenset' ... And the only power, therefore; which the Pres ident possesses, where the "life, liberty or prop erty " of a private citizen is .concerned, u tbe power and duty prescribed in the third section of the second article, which requires "thai he shall take care that the laws be faithfully exe cuted." He ia not authorized jto execute tbem himself, or through agents or ofcers civil or mil itary, appointed by himself, but be is to take care that they are faithfully carried into excutioo, aa they are expounded and adjudged by the coordinate . branch . of the Government, to which that duty is assigned by the Constitution. , It is thus made his duly to com in aid of the judicial authority if it shall be resisted by a force too strong to be overcome without assistance of the Executive arm. But in exercising this Bower he acts, ia subordination to judicial authority, assisting it to execute its process and enforce its judgments. - ; . With such provisions in tbe Constitution, ex. pressed in language too clear to be misunderstood by any one, I can see no ground whatever for sopposing that the President, in any emergency, or in any state of things, can authorize the suspension of the privilege of the writ of ha beas corpus, or arrest a citizen, except in aid of the judicial power. He certainly does, not faithfully execute the laws, if he takes opon himself legislative power by suspending the writ of habeas corpus and the judicial power also, by arresting and imprisoning a person without due process of law. Korean any argument be drawn from the nature, of sovereignty, or the necessities of government for self-defense in times of tumult aud danger. The Government Of the .United States U one of the delegated and limited powers. It derives its existence and authority altogether from the Constitution, and neither of its branches, Executive, Legislative, or Judicial, can exercise auv of t e bowerti of Government beyond those specified and granted. For the tenth article of the amendment tp the Constitution, in express terms; provides that the powers not delegated to the Uuited States by the Constitution, nor prvi hibiied by it to the States, are reserved to the States respectively, or ta tbe people;' ludeed, the security against Imprisonment by ucie of- ine siDeuamriHi 01 10s uodsiubuodi which I have before quoted, is nothing more than a copy of a like provision in the English Constitution, which had been firmly established before the Declaration of Independence. . ; . . Blckstoae, in his Commentaries. (1st voln 137,) states it In the following words; " To make impruoument lawful, it must be either by process from the Courts of Judicature or by warrant from some legal officer having authority to commit to prison." And the people of the United Colonies, who had themselves lived under its protection while they were British sub-1 jecte, were well awaie of the necessity, of this safeguard of their personal liberty. And no one can believe that in framing a government in tended to guard still more efSciently the rights and the liberties of the citizens against executive encroachment and oppression, they would have conferred on the President a power which the history of England bad proved to be dangerous and oppressive in the hands of the Crown, and which the people of England had compelled it to surrender after a long and obstinate straggle on the part of the English executive to usurp and retain it. . .- The right of th eubject to the benefit of writ of habeas corpus, it must be recollected, was one ot the great poiuta of controversy during the long struggle 10 England between arbitrary go ernment and free institutions, and must therfore have strongly attracted the attention of states men engaged in framing ft new and, a they supposed, a. freer government than - the one wbioh they had throw off by the revolution. . For from the earliest history of the Common Law, if person was Imprisoned no .matter by what au thority be had a right to the writ. of habeas corpus to briag bis ease before tbe King's Bench; and if bo specifio offense was charged against him in the warrant of commitinent, he was en titled td be forthwith discharged ; and if the of feose was charged which was bailable in its character, th court was bound td set hidi at liberty oa - bail. And the most exciting contests between the Crowe and the people of England; from the time of Magna Cbarta, were.Ia relation to the privileges of this writ, in relation Id the privileges of this writ, and thfty continued until the passage, of th statute of 2 lt Charles II, commonly know as the v great habeas corpus act. ... . . " " .This statute put an end to th .atrttrgl ahd fi&aily and firmly secured the liberty of th - sub ject from the usurpation and oppression of the" executive branch of the government. U never theless conferred 00 new right opon the subject, bat only secured a right already existing ; for, although the right coold aot.be justly, dented, there was often 00 effectual remedy ? against Its violation. Until tho statute of the 13ta of William III the judges held their . office at the pleasure of the king and; the influence which be exerted over timia timt-serviog-aud parusaa judge often induced lhemr apo some pretext or another, to refuse to discharge the party,, at though be was entitled to if, by Jaw, or delayed their decisions from time to tune, so as to prolong the imprisonment of those who were obnox ious to the cing for tbeir. political. - opinions, or bad: incored bis resentment m any other way. . The great and toestimable value of the habeas t'drpfif ct of tbe 3 lit Charles IL ia that it coo- tains provisiocs woica compel coaru sua luuee, and all parties concerned, to perform their duties promptly, id" the taanoer speoified ia th statute A Dassaee fa. Llacislone'a Commentaries, ahowio g the ancrenf state of the.Iaw. tspo this sa:ject,-aft4 tbe; .ftSisef ; wUch3f?era practiced throCfi the power and iiSoence of ta . Crown, an J ashof t crtrrtt f.-esr Ut"s.a'i Ccnstitation- a! Uiiory.-siatic2t- c'irf.sc'i'S ttbica gave t f:"v.a;i tit u l rt? ut. riic' .--9,11 lUCo ai-r.;fi:5 ca-1-9 Lass - v ' or " This it is which Induce ; . the absolute necessity f expressing upon every commitment th yea on for which it is mad , that the Court upon a habeas corpus may examine into Its validity, and according to the circa c .tauces of the case, may discharge; ad nil t to Bail, or remand tbe prisoner; JULod yet early in tha reiga of Charles I, the Court of King's Bench, relying on some arbitrary precedents and those .erhape misunderstood,) determined that they would, hot; Bpod s habeas torpui, either bail or deliver a prisoner, though committed without anytaaie assigned in case he was committed by the - special command of the King or by the Lords of th Privy council. This drew on a parlimentary inquiry, and pro duced .the petition 01 tiignt fjharies 1 which recite this illegal judgment, ' and enacts that no freeman b'ereafler shall be so imprisoned or detained. But wheel io the following year Mr. Seldea and others were committed by the Lords of the Council in pursuance of His Maie-s- ty'e special command, under a general charge of 'notable contempts, at, 1 stirring op sedition against the King and the' government, the judges delayed for two terms (including alio the long vacation) to deliver an c;inion how far each a charge was bailable. Aad when at length they agreed that it was, the:, however, annexed a condition of finding tor. u'es for their good behavior, which still protrs led their imprisonment, the Chief Justice, Sir NLbolx Hyde, at the same time declaring that 'if they were again remanded for that cause perhaps tbe Court would not aP terward grant a habeas corpus, ' being ". already made acquainted with lL cause of the tmpris-onment.' But this was I sard with indignation and astonishment by every lawyer present, ac cording to Mr. Seldea'a c wu account of the matter, whose resentment wal not cooled at the dis-tanceo four aud twenty jears. 1 ,r v, It ia worthy of rani ark that the offences char-god against the prisoner in this case, and relied on as a justification for his arrest and imprisonment, in their nature and character; and in the loose and vague manner in which they are stated, bear a striking resemblance to those aa-signrd in the warrant for the arrest of Mr. Selden. And yet, eten at that day, the warrant was regarded as such ft flagrant violation 0 th rights of the aabi ect. that the dela v o f the ti meser vin s judges to set him at liberty epdn the habeas eori pus, issued in hu behalf excited universal indignation at the bar. . The extract from Hallam's Constitutional History is equally impressive and equally in point. It is in vol. 4, p. 14 j - ,.; . , It is a vry common xoistake, and, sot only among foreigners, but many from .whom some knowledge of our constitutional laws . might, be expected to suppose that this statute of Charles II enlarged ia a great degree ur liberties,- and forms a sort of epoch jin their history But though a very beneficial enactment, and eminently remedial in many cases of illegal imprisonment, it introduced no new principle, nor cSbferred any right upon, the subject. From the earliest records of the English law no freeman could be detained in prison except upon a criminal charge, or conviction, or for a civil debt, la the former case it was always id his power to demand of the C'urt of King's Beach. writ h-tbecs corpus iad subjic ieiidum directed to the person detaining him in custody, by, wbtcn be wa eoinned to bring up tha bod? of th 1 ' '"Km-r ram Of tmuiatttneu't t-At the Court mi?bt judg of in wfficnMf esti reniaad the party, admit him to bail. Or discharge him, according to the nature of the charge. This writ issued of right and could nOt be refused by the Court: It was dot .to bestow an immdoity from arbitrary Imprisonment, which is albdndantly provided for lo-Jfagiia Charla, (if indeed it were not more aoi cient.) that the statale Of Charles II was enact, ed, but to cut off the abuses by which the Gov. ernment's lust of power and the servile subtlety of Crown la wyers bad impaired so fdndamental a privilege." While the value set upon .the the writ England has been so great that the removal Of the abuses which embarasred its eojoymenta have beenllooked upon as almost a new grant-of lib erty to the subject, it is not to be wondered at that the continuance of tbe writ thus made effec tive should, have been the object of the most jealous care. Accordingly, no power in England abort of that ot rarlameat can suspend or autbor- ive the suspension of the writ of habeas , corpus. I quote again from Blackstone (1 Comm., 136 :) " But the happiness of our Constitution is; that is not left to tbe executive power, to determine when the danger of the State is so great, a to render this measure expedient, . It ia the Parliament only, or legislative power, that, .whenever it sees proper, can authorize the Crown, by sus pending the habeas corpus for a short and limit. ed time, to im prison suspected persons without giving any reason for so doing. n And tf the President of the United States may anspecd the writ, thonwthe Constitution of th United States has conferred upon him more regal and absolute power over the liberty of tbe citizen than the people of England have thought it aafe to intrust to tne Urown a power which the Qoeea of Eng land can not exercise at this day, and which could not have been lawfully exercised py the sovereign. even ia the reign of Charles I. v 1 ? , But I am not left to form my lodgment UDon this great question from analogies-' between the ,ogli6b Uovemment and onr own, or; the : commentaries of English jurists, or the decisions of English courts, although epon this subiect they are entitled to the highest respect, and are justly regarded .and: received .as autboritive, by. our courts of lajiice; To rnide cs a right'cooclu. aidn; I bay jthe Commentaries on the Constitu tion bf the United gite cf tba late llr. Justice 8lory, not only one of the most eminent jurists of the age, but for a long time one of the brightest of namenti Cf the Supreme Court of the Uni ted SUttefc and tiio the clear and authontive decision of that court itself, given more than half a 'cent dry iid6,izd tddclnsitely establish ing the principle I have bote stated.. r ; ; j : -"Air. justice oiory, peaking is con nicnu-ries of tbe h&beai torpus cUose la ti: Constitu tion, says: . .' . ' ' . f:. - . M It u obvious that eases of a peculiar - emer gency may arue, -fi Uica. may jasufv, cay, even require, the temporary suspension 01 kn right to the writ. Bat as it has frequently happened in foreign countries,' and even in Engtand, that the writ has upon . various pretexts; and .'occasion. been suspended, vThere,. f ernouj erprecended upon suspicion cave tu-erea a icc imprison ment, sometimes frora. ces:2n,'. et.I ssnietinies because they were fr-oUea, tie rizLt iosuf';:eud it is expressly couLy el ta cases Ci rt-v.iioo or invasion, where the p-at'iq safety tney require it. Avery just andIwho!2a reiirelst, hich- cuts down at a blow a IfG.i.al near 3 - cf epjression, cacaUe of beinz abas-1 ia ti t! iss , t lie worst of rmrroses, ; Hitierto no t Jirension 'of th writ bd ever .t'cea'autLorizei ly .'Co'crrew Itnw tie cstall". bcr-.t cf tba C:z:.::u:vca. It would seem, as t'9 r-wer is eivsa ts Congress to uapel tli 3 rr! rebe'.'.ioo or iav; wbc'.bsrtbae-!-Ir tc!".Tt3l!:';l c,.. :i.t; tl; j.-. vzrit LV--n r- c : 7 - ;a cases , t- , 1 - !na,'f--"" ik.. .C3 tie ) cf (X . - - - j C :: 3 v iC 4 - 4- invasion,. the poblio safety migh reqaire' it. Acting under the immediate influence of this in- juction,they must have felt, with peculiar force, the obligation of providing efficient means by which this great ConitithUonal privllegei should receive uxe and activity for if th meant b not in existence, the privilege itself woald be lost although no law for its suspension should be enacted. Under the impression of this obligation they give to all the Court the power of awarding write of habeas corpusl f '. y And again, in page 101 1 " ? . If any time the publio safety should. require lh suspension of the powers yea ed by this act in tho Courts of the Uaited States, it is for the Y Legislature to say so. That question depends on political xna iterations, on which the Legislature is to decide. Until the legislative will be expres sed, this Court can only see iu duty, and must obey the law.". , - - ..: ; I ca add nothing to these clear and emphatic words of my great predecessor. :'; But the documentsbefor me show that the military authority in this cause baa gone far be- youd the mere suspension of the privilege of th writ 01 naoeus corpus, iinas, oy.iorce or arms, thrust aside the j udicial authorities and officers to whom the Constitution has confided the power and duty of interpreting and administering-the laws, and subitituted a military officers ; for at the time these proceedings were bad against John Merryman, the District Judge of Maryland the Commissioner appointed coder the act of Congress the District Attorney and the Marshal all resided in this city of Baltimore, a few miles only from the home of the prisoner. Up to that time there bad never been the slightest rsiataace or obstruction lo the process of any court or judicial oacer of the united .Sutes ia Maryland; except by the military authority: And if a military oEoer or any other person bad reason to believe that the prisoaer had committed any offense against th laws of the United States,- it was bis duty to give information of the fact, and the evidence to support it, to the DLatrict Attorney: and lt would then have become the duty of that officer to bribg the matter before the District Judge or Commissioner,, and if there was sufficient legal evidence to justify an arrest, th Judge or'Com miss ion er woald have issued warrant to the Marshal to arrest him ; and upon the hearing of the party, would have held him to bail, or committed him for trial, according to the character: of th offense as it appeared ia the testimony. Of would have discharged bis immediately if there was not sufficient evidence to sap port the accusation. . . -' - - There was no danger of any obstruction or resistance to the action of th civil authorities, and therefore no reason whatever for the interposition of the military. And yet, under these circum stances, ft military officer, stationed in Pennsyl- j van'ia, without giving any information to the District Attorney, and without any application to the judicial authorities, assumes- to himself the judicial power in the District cf Maryland) a- oertaiiea lo decide what constitutes the crime ot treason or robellion ; what evidence (if, ibdeed, he required any) is sufficient to support the Accusation and juetify the commitment, and commission the party, without having a hearing even before himself to clone custody ia a strongly gw riug tue pleasure 01 tnose wao commiuea mm. ; The - Contitution provided as I have before said, that vo. pereoo shall be deprived of life, liberty or property, ithodtlu process of law." It declares that "the rignt of the people to be secure ia their persons, house, papers and effects, against unreasonable searches and seizures, shall not be violated, aud no . warrant shall issue but upon probable cause, supported by oath or or affirmation, and particularly desreribing the the place to be searched, and the person or things to be seized. It provides thai the party acctised shall be entitled to a speedy "trial ia a court of justice. ..-'- - , And these great and fdddamental: laws, which Congress itself could., no suspend, have been disregarded and, suspended,' like the writ of habeas corpus, by a military order, supported by force of arm 3 Such is th ca now before me; and i can duly say that if the authority whicblhe Constitution has confided to the Judiciary De partment and Judicial officers, may thus, Upon any pretext or buder any eircumstaness be usurp ed by the military power t tta discreatioa, the people of the United States are 00. longer living under a government of laws, but every citixan holds life. Kbeftv and broperty at the will and pleasure of the -army officer in whose military district be may happen to befound. t In such a case . my . duty was too plain to be mistaken, J. have exercised all the power which the Constitutiou and laws, Confer oa mebut that power has been resisted by a force too strong for me trover jooie. - It is possible that the officer who has incurred . this, grave responsibility may have .misunderstood bis instructions, and exeeeded the authority intended to be given bim. I shall therefor ordei all ,th proceedings in this case, with my opinion, to b filed and recorded in -tbe Circuit Court of tbe United States for the District of Maryland, and direct the Clerk to transmit a copy, uuder seal, to the President of the United States. It will then re maid for that high officer,' in fulfillment of bis Constitutional obligation, "to take care that the laws be faithfully executed, to determine what measures be will take to cause the civil process of the Uaited States to be respected and enforced. . . . - -' :' ' ', '" R.B.TANET. Chief Justice of the Soprema Court of the United States. -. .r. '- .-' ! . Address . of the Uorfier Conrentioa. ; . Th ilissodri- fUpullica of Friday publishes the ftidres ot th .- Border, Ut Convention to the,r;ople of the United. 8tatea, from vhidt we raake a fc yf extracts, as follows t -y . - '. y A7 desire to remiud yoa that yon ax contend- 15 100m quesiioa 01 principle upon wmcn wo would fain believe that you are oa each side convinced :thal yea are" "tight- It U no longer a question of party politics, no longer a question about the right to hoi J - slave in TsrrTtories, or to retake, them when they escape the question now to be seulsd is, whether we shall live in the same Union as formerly, or whether Our fathers formed government opon such principles i': t any one Stat may; at her own pleasure, w:' the consent of iha others, and without r-tiuty to any bamaa power, wiibf raw frc -&r couuectioo with - the Govarn men t aci't ' -i to be p-overeign as separate 'Bi3a.t 7;' be really seen that this, as a question cf riLaciple, is cct araciei.tj; the number r " ' -i&t that have f h, jrawn. It woc'i have l-sn- well, if this questioVcould oae been eoived in some other mode ti.au by a'tcscft to;wr;"bu.t it cay be tz.it l: .r j Lit a C?iC3 iaUrpo.i;;a cow can .ds'rraicet by clheraxi'a'na..- A" war cpoaaach tto froii any t'-'iet ts- a;- ers.Uoa cr excii3 --ey gre C3ca:ty"-tls3 i lacIJcil t? t&r -c?-r?9 cft-j-til .rs. Ia t-e ce'a let the 1; ...t cf t y aul tf ti t':i. civ:::. t- Lcrr;js 3 . r ; tiis war cf vzl fzzzx clrll tis.t rr.z 2d. If this" should fail to brio, about th rs- salta 10 desirabl to oa, and so essential to the best hopes of our country, then let a voluntary convention b called, composed of - delegates from the people of all tbe States, in which Beasurea' of peaceable adjutmeut may be .devised and ado d ted. and the nation rescued from th continued horrors and calamities of civil war. - " . " ' - ; ' : To our follow citixens of th North, e desire lossy, discard that sectional and unfriendly spirit, manifested by teaching1 and action, which has contributed so much to i&fianie the feelings of the Southere people. and justly create epprehen eio oft their part of it jary to them. e - . . . e. To onr fellow-cltizens of the South we desire to say : Though we have been greatly injured by your precipitate action wo would: sot now reproach yon as the cause of that injury, but we entreat you to re-examine the question of the necessity for such action and if yon find that it has been taken without due consideration, as we verily bnlieve, and that the evils yon apprehend from, a continuance In th Union Wer neither so great nor so unavoidable a you supposed, or that Congress is willing; to grant adequate securities, then we pray you to return promptly to your connection with us, that we -may be, in the futnre. as we have been in th past, one great, powerful and prosperous nation. , Indications have been afforded that a Divine power is ready to interpose and prevent brethren from slaughtering each other. While the bombardment of Fort Sumter continued, no life was lost. When a Providential interposition was no longer needed to prevent the effusion of blood ia civil strife, several live were lost in the perform ance of a mere eereraony. ' We would invoke the presence and aid of that Power to preserve our fellow-citizens, on both sides, from slaughter, and we would commit the interests of our dis tracted country to His hands who can bring forth peace and order out of strife and confusion when man's wisdom utterly fails. ' . J. J. CRITTENDEN, President. J AS. -GUTHRIE, ' : II. IL GAMBLE, of Missouri, Wd. A. HALL. J. B. HENDERSON", WM. G. POMEROY, : " ' B. K. WILLIAMS, ABCTD-DIXON, - . P.M. BRISTOW. ' JOSHUA F. BELL, a A. WICKLIFFE, O. W. DUN LAP, J. F. ROBINSON. - : JOHN B. HUSTON. ROBERT RICHARDSON, .-'. c JOHN CALDWELL, of Teen, JtStnoz't "Fin Eell ia tia Eight." H foretells tn Present CrUis. Nothing tfi the writings of tie sagea of the revolution, coold be more painfully interesting at this eventful period in our dation'a history, than the following extract from letters written by Thomas JetTersanT at th jporlod.-wtaa thy Nottti first insisted, contrary to the consent of the South, to exclude slavery from certain portions of the common territory of th Union. Any mad who soppoaes that Jefferson, because h bad favored th erdinance cf 1783, would have supported a simitar policy, under different circumstances,' la after jeers, will see by the following extracts written during the Missouri ques tion in 1820, how widely he is mistaken t : - . I thank you, dej sir, for the tnformtion in your favor of the 4th inst- of the settlement of tbe present Missouri question. . I was so completely withdrawn-from all attention to public m altera, that nothing less could rouse me than the definition of a geographical question, which, 00 an abstract principle, is to become the line of separation of these biatea, and render desperate the hope that men can ever eojoy the blessings of peace ' and-self government. .. The question sleeps for the present, but w not dead." Letter of Tho. Jefferson to II. 2Telsont dated Monti- tcUo.MarcA 1,1820. ' . . - ""Although I bad laid down, as a law to myself, never to write, talk or even think of politics to kbow nothing of public affairs and, therefore. bad ceased to read newspapers, yet the Miasoori question aroused and uued me with alarm. . The old schism of Federal and Republican" threaten ed nothing, because it extended, into every Slate, and united them by the fraternization of party ; but the coincidence ofa marked principle, moral and political, with a geographical lioe once conceived. I feared would never more be ob-literajed from lie miod ; that it would be recurring on every occasion and irritation, until it would kindle such mutual and moral hatred as would refadef eeparation preferable to eternal discord. -I have been the moat sanguine in believing that our Unioa would be of long d Oration. I cow doubt it much and see the event at so great distance', "ai the direct consequences of this question, not by the line, which has bee a so confidently counted on the laws of nature control this but by the Potomac, Ohio, Missouri, or, more probably, the : Mississi ppi, u pward to our northern boundary.' My only Support and confidence is, that I shall not lire to see this j and,! envy not the present generation the glory of throwing away tbe, fruits of their father's sacrifices of lives and fortunes, and of rendering des perate to eiperiooent.wbich was to decide ultimately whether man s capable .of elfrgoreB,-metitvs The treason against human bop will signalix their epoch ia folnr history as the counterpart of tbe model of their, predecessors." ' Tkos. Jefferson io Wm.. Short, April 13.1820 I had for a long; time ceased; tj read new papers or pay any aay attention to publio affairs, confident they were in good bands, and content to be a easseoger ia our bark, to tbe shore from which I em not 'distant. But this momentous fslavery restriotioa question, like a fire-bell in the night, awakened and -filled me with terror. I considered it at once the death-knell cf the Union. It is hashed, indeed, far the moment, tut this is respite only, pot ft . final sentence. A geographical line, coinciding with a marked principle, moral and political, one conceived and held op 19 the angry, passions of men, will never be obliterated, and every pew irritation will in ark it. deeper and deeper. -Letur of Tho. JtlTarsoa to John He! a as, April 23, iLaTL'-it cf tlV newels. - ' :. -.. -. xS3iiCToy, Joae, li,15Sl.-- The xiewi cf tie eracustlon of Harper's Ferry created ctjch ext:'.3n:ett,ead tarrrke to-da-. Thocjh tie first eirice were tct '.'creylted. Su-st-qaeiil dlspiCchea- and trci -t infarct .'.'. -a tJtlsde; artcntcL cortlrtn- izZ th rn Ttof t A rx to Cc?i:.3. It ts the :sf t-t t 3 : ;U-pit cf tla trcrj fom 3t3l!a- " "i Jut: : "."os, Lozi whence rs?:l t tl':.trr-t rt:...if. r- .z i- - 1 ' ' an:..:; :2 t. - t' -i - t ' "5 I ' : clliica lie!) UtUii-Cctr. .. V VT Uarn that 073 Jy, tit Zl 1 . John Shaffer, ft farmer Cvicj la llis c mil West of Strasburx, ca tie P Tt, T. d C. XL R, was seized t ft mob &f so oe '.t s a j I sons, from. Alliance and 1TL Ualwc, a.d i. ' i to Afilance, about six xsCes dlitxis L 1.' Zl: 7 fers son, lad of fifteen, alarmed the 1 ; '; '.' dosenor two of whom ooa iwtei ir J. .-ance, and rescued Mr. Shaffer from tie n' p ; the mobbites. It seems Mr. S. Was ia L f.' 1 1 1 work when he was beset and uk.ee, LI t-been to Alliance mill, that fure&oon, aod ta 1 . way, after passing Mt- Uskwi, a ciuaea tf iL place asked to ride.'. The Mount Untoul c ::: menced a political confab with Mr.Sasd it ii supposed Shaffer's freedom of speech wss cct 11 all agreeable to the' abolitionist thereaLc-.j. The abolitionists of all phases and of erery L ' at Alliance and Mt. Union, hare boea. c:'.l; in the ntterance of their disunion vie? 1. s few yeaas ago a petition was sent from II U V. ' : 1 to the Legislature, pre ring that Ohio a:; li from the Union 1 It was signed by oaie f. i fifty persons, some of whom, we are lt;-r ij say, are yet alive, and are now ahoatir. j Ul'.. . aod war." ; " When the beighbor of Mr. Sharp ie! ta the stalwart form of John - Steel, ' Eaq., eafr. 1 Esquire John Olson's office, at Aliiacce v . : : the mob had taken their prisoner, the ab&liticz ' '1 wilted, and Mr, S. aoos left for boa wiiii L'j friends. Mr. S. is a quiet and peaceable CLZt below th medium aiza. If these cowari! c ragea are continued ia Stark county, we t.:: :: i those countenancing aud participatiug tL?:;'r; that we shall not b able long to say. as til President Lincoln, fiobody ia hart," -rl -QK.DemtxrxA : ' -'- t-- - - - - ' Jttdsa Adrocate Hoa. II; TTcIir t. Cou. Martin Welkerhas been appo'' t. IZ: ' Advocate at Camp Dennisoa, wub tie r:.k c . Major. Persons who do not BnJoi;- 1 tl a J : ties aad responsibilities of the cf c-;t.:t'.' r it of vast conseqaence.juijr (r. n t'; ; Tbe duties of a Jode Adrocate - t; ! r ... cords, or act as clerk, ia ciia cf C . : ', t and report the doings of the C.:t t . commanding officer for Lis e x ' - . . Jode Advocate .ii ft clerk j r .1- Judg 7e-ker beie a good .c'.er'i, ' V.-fiod for the poaidoo. Tberauk is Lit r.,;-.-' the salary of a Major bing' rr cz-.l; and JudgeWeTker being aasioed a Mi j irs rail: will draw .- Major's pay, . There is .se.i03 s. Judge Advocate with th rvgclar nsy, b'u cervices are not often required, and t j'r :a elled upon by th Court-marv.il risy r -ri th duties hence they- ar cio'Iy C'.t .i i with. -Th only use Judge JLzrZZii a c. t Camp Dennison is. to draw frca r i f; tat? Trer - ury $2,100 a year. Gotemcr X';nni:ja r .s the appointment for tbe satis T J has made hundreds cf ciLer ; v.i : u .- - '.- lions to poli'Jcal Civorites. -II.r,rt Ci. r. " TUBUSIIED LT AXTTZ C -ITT. fSo. 9U) ' AN ACT' " Preseribisg the Bates erXaxatisa f ,t Z ttt r"i75; and to limit tie levy tif Loc&l far: 3 f.r iLs 7; r : i86i. - . " ' " Section 1. 2? it tcted If li Central J ' " otae Stmt of Olio, That there bs.U L l. . : tho year 1 881, la lieu of the taxes now autber'u ' - " law for tho purpee horeia asoaed, ca ac r tho taxable property for the ordinary ersi 1 tho state government, incJaJiag tbe exper t ;' 1: j publio benevolent institutions and oi-er ci- -5 o the general revenue, oue aad far-Wilj t ia the dollar. . ' ' .'. . 3e. t. That for tho year lE8i; tbe levy ef Uot taxes on tho dolu valaatiea of property suljeet X taxation for the several parpoeea hereiaater tei shall aet exceed tho foUwiog rates, any .lie- ia an y law to tho contrary aotwithsiaading. " . . ,, - - '." - COCXTT TAXXSJ .'" For all county oxpeasea,vroel, Wilo ant y er purposes Included, en ueh ponioa of U ti'.- a as doe not exceed one millioa of dollars, e'it t- ; and on such portion as exceeds this sum, two ail cue half nulla. - - - ----- - . : . -'-'. - acaooL taxxa. - . c , . . Ter ths payment of teachers, purehafo cf fuel, re yairs cf school beiidieg. aad all general, and izU dental expenses fol.tbe uainteaanee ef schools, sx cept for the parebajte of sites aa i t treeli ta tf school bolldlas, three yaorisa. . . . . . .. It ts he-eby expressly provided that tte eVe I-Itation shall not include any levies r'iirtd to be made to ey the principal or interest on fas let debt or oLber exutiag ibts of aay exHtaty cr cl I distriet, now so as to prevent the ooonty.coLi.:j ers from levying any tax aathoriiod by law t j t :. ( vide for expenses arising oat c the au.iiry .t ; - - --tions of tho country ; but such levies tusj be ia f tioa to tbe IiskitaUaa f this met, ., ., Sec 10. This act ena Ule rct ca ! i ; . age. - k-- . . . '-- F.illTCIICOw""-- . Speaker pre tern, of the Hon of It?reet!.-, XVetUaat pro tea. f U.e L; . Psssed.lfay 13, . fKe.M-1 AS ACT . To proveat the sale of iatoxieatiag liaors La Lis : - eutity er eaoipa. - , Section L' Be it emaeUd It U General .! ' ftk Staff Qkia That.se para ext.. peso for sale, er euierwiee C'.po efia ae r -. - 7 at any pleee or at or within tbe dif us&e t f . of any nUitary ai&j ia tiU 5tAt-, :j 1-. . . liquor jnorha4 aijy person ts tswei ij i . . thop, bootbtent, wn, ar outer earru-e, ; '. r boat, itsvj stand or table, for the sals cf , tnoes or oiher iatoxieaUBg liaoori tc ',;. . earop, or. wiiiiu tht ditice - t . j i y aaru. - . , . -' See. g.- The pro-isio&s of the trrt escti-.a (f;Vs aei khall not bo co tic trued tretri -tk ) 1 city or viZafelroia carrying oa any tre.J cr t - sets now AaJioriitJ tj law, at ti-eir rt-ul-r j'--ofbutinets. Aoy prK-u fsed guilty if oor.' a breachsf the proririuEsof thUaetSuait fj.-r : pay fur trery su.li a oe roi Um i. a 1 dollars nor mere tlaa on iutired Millars i; . . treasury of tio f rc-er Wwrt!p, fjr t t.--? ' ' mon aci-'xl; ay slcrLie-rvtyr, t - f tice of tie peace cf tie proper ewi-tr, wr a ciood caer cf ti e v&iuutfer i shall, upon view. "wiiiottA arrant, -1 r-'.. person sa cCsais sxd stiie aU :;. a 1: . the wteasits t f-rustnr tiaij tie-c-coavcy tbem Vefuro son j -i--i.se .f-t!:o i' cusyor wiLLLa lie oosary ic -c j-...4 cr ; lon eoatj 1-iat, under oath, tie t Cl-r f s i tendis, or otherwise titsg icf mat.-n, t Lis wamuit of arre.vwbica La r - 7 of tie il. herela aiiit-nsJ t- ti. - - ' pro3 to iuqttireintj lie trari f.t ; ' asl if fv;uul true fr-ctea t I . i t 13 f Ucb 8 ' lit llvi-i... 7 V! ' aiLe ti cttarrr-er, ti :-iri.; . -f I xt una f.1 tie aiurt c i ' 4 F-' ' -i t count', to b proeid wi.i hj i- nd el t I r -'-! 1 1 1 " ' i'roTiari, tl-t if t - ' : 4iwliiJU-er : r eeel w-.': ""'' at'yifr: : t 1. uf. .-t - ; r-t, v 3 t5 f ' -;c it ut;' '--a.tair'ca'- tl At ' t ' J ' r-3, Cereal 3, 1 ta c-i r It-: tv:a i:'-'cr c-c c ' 3 be ery ,1C! ii '" 3c! :,.ar:d ia- tie C i t. '-i " -U;r:f-t c:"C. 1 t j J L i : 1 . it ' : - : 1 I t ..v. u:;t c' j. eiwc;i c 1.3 rrr ,;c.. Jar v I f r.'C . t- r r-t ot!y ..i..;:3 the cf I' v ;' l.Ut - i 5 ' ... cf L'...czs czrrs lira .. -. . .... . 1 t3 t --1 r -J ! ; 3'4 tly . Ct; ! -. i ifcrj LI t. u'. U: '.3-c:.c:-.i-i-. iruc3CB6ftl rs.ljsct .pi 1 3 Uz.-l. i. ;;r,c.T4 vi c-7j, ta x;r. vl.s powt ---I c: 12 - cr 11: ... .a r J . 'i l l "i e . ttl,ia T i crcrcisa cf tist O- r::.--T.t ii til czz.