OCR Interpretation


Daily Ohio statesman. (Columbus, Ohio) 1855-1870, June 07, 1861, Image 1

Image and text provided by Ohio Historical Society, Columbus, OH

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84028645/1861-06-07/ed-1/seq-1/

What is OCR?


Thumbnail for

t7
YOL. VII. NO. 312. NEW SERIES.
COLUMBUS. OHIO, FRIDAY MORNING. JUNE 7, 1861.
SIX D0LLAB3 PEBTEAE,
' Invariably in Advance '
ISil
.at" I I I I f A II IT II T.SWS . II aW arv
DAILY. TRI-WEEXLY AND WEEKLY
MANYPENNY & MILLER,
PUBLISH) ES AND PBOFBIETOBB.
17 OfflM Hoi. 86, 88 and 40, Horth High Bt.
TERMS INTARIABLY IN ADVANCE
Daily .... $6 00 per year.
" sy ins uamer, per week, u cents.
Trl-Weekly . . . 8 00 per year,
Weekly, . . . . 1 00
eruis ot Advertising- by tbe Square.
n square 1 yeai . . , 120 00
One square 3 weeks.. $4 00
One " 8 weeks.. 3 00
One " 1 week... 1 75
One " 3 days... 1 00
On " 8 days... , 73
One " 1 Insertion SO
one
Dee
Dne
Ono
One
V month! 18 00
0 montha IS 00
:t months 10 00
!! montha li 00
1 month. S 00
Displayed advertlssineuta halt more than tbe abort
rates.
Advertisements leaded and placed In the column ol
8d;cIrI Notices," double the ordinary rattt.
Ail notices requlreo, to be published by law, legal rates.
it oraerra on tne insiae exclusively alter the ant week
per cen;, more than the above rates; bat all inch wil
appear In the Trl-Weeky without chanre.
Business Cards, not exceeding five lines, per year, ln
oe, super line; outline ,
Notices of meetings, charitable, ocleties, Are companies.
Sec, half price.
All transient advertisements must bt paid for in
advance T!e rule will not be varied from.
Weekly, game price as the Dally, where the adTertlaer
eithe Weekly alone. Where 'he Dally and Weekly
ari both need, then the charge Urthe Weekly wilt be
a,i tnerateaot uie uany
So advertisement taken except for definite period,
BUSINESS CARDS.
F. A. B. SIMXIK3,
Attorney txt XjA-w
AND NOTARY PUBLIC.
Office Ambos Building, opposite Capitol Square.
OOLTJMBUB. OHIOj
ooxj-cnvtiiTJo
Machine Mannfactoring Company
.4
w j.
,y jo o o oo o o e.o.o.ii.i) oe o.ae.e.VM."'";
M ANUf ACTURIRS OF
STEM ENGINES & BOILERS,
Castings, H1U Gearing, Machinery.
ALIO,
Xlftllroeica. Work.
or zvsar description.
colcitiiiijs, omo.
0HA8. AMP08, Bnp't. P. AMB08, Treai.
deoll. lH,W-tf
Winter Arrangement.
Little Miami Columbus & Xenia
C3
RAILROADS.
For Cincinnati, JDayton & Indianapoliil
Through to IndianaooliB withont Change of Can
and bat One Change of Cars between -Columbus
and St. Loots.
THREE TRAINS DAILY FROM COLUM
BUS. FIRST TRAIN.
(Dally, Monday! excepted.)
NIGHT EXPKK8S, via Dayton, at :5 a. m., stop
ping at London, Xenui, Dayton, Ulddletown and Hamil
ton, arriving at Cincinnati at 8:20 a. m.;Dajton atS:5
a. m., Indianopoliiat 10:48 a. m.; bt. Louis at 11:50
P m" SECOND TRAIN.
ACCOMMODATION, at 6:10 a. m.t stopping at all Sta
tioni between Columbus and Cincinnati and Dayton, ar
riring at Cincinnati 11:03 a. m., Dayton at 9: 15 a. m.,
Indianopoliiat 8; p. m. . ,
THIRD TRAIN. ,
DAT EXPRESS, at 8:30 p. m., stopping at Alton,
Jefferson, London, Charleston, Cedarrille, Xenia,
Spring Valley, Corwln, Morrow, Deerfield, foster's.
Loreland, Miliford and FlainTiile, arriylng at Cincin
nati at 7:20 p. m.; Bt. Louis at IS in; Dayton at 5:35 p,
as.; Indianopoliiat 10:3U p.m.
glecplnsr Car on all Nirlat Trains to
Cincinnati and Indsanapolie.
BAGGAGE CHECKED THROUGH.
lor further Information and Through Ticket!, apply to
M. L. D011KKTY,
Ticket Agent. Union Depot, Columbus, Ohio.
B. W. WOODWARD,
Superintendent, Cincinnati.
JNO. W. DOUBRTY
j013 Agent, Columbus,
Jmt Becelvedl
100
HF. CII UKEEN and BLACK
TKA9 lOO ban prim Rio Cone.
1 50 pocketa old Dutch Government Jara Coffee. ,
75 baga t'eyion uonee.
BOMbbls. sundard Whit Sugars, consisting of Pow
dred.Ohrushed, Granulated A and B Ooffee.
SO quintals George Bank Codfish.
80 bbls. Mess and No, 1 Mackerel.
5 tea. Pick Bslmon.
100 bx. Layer Eaialns.
50 hf. box do do .
lOOqr. box do d
10O M Clgara, different brands and grades.
oori7 wm. Mcdonald.
M . C . LILLEY
BOOX5L BIMDMtt
T.: J-
i
in
And Blank-Book Mannfantnrer,
NOBTH HIPW STBKXT, COLUIIBOT, OHIO
aaarll-dly -
, Red, White and Blue
DEliAMEi), ' . '
CALICOES, L
UIBBON8,
. SILKSt
HECK TIES.
Ju..,pen4b, . . BAIN at SON,
v aprSO No. 99 South High street.
A NEW HOOP SKIHT. ;
33LHaT cto SON",
. No. so, souitt Hiaa sieht.. t
Have just received a new make of : HOOP BKIRT8
flnlahed In a manner far superior to any yet introduced
for '
DURABILITY AND GRACEFULNESS.
mh93.
FAITIILY FLOCK.
yHHU WHEAT, BRANDED '1
"BNO'V71LABII!."
from "Barnett Mills," Springfield, 0. the best brand of
Vlour nrougnt to ouc marcei. Btt.fotlon guaranteed,
for sale only at - , , WM, McDonald's,
noril7 ' 108 South High street. '
Irish Linen Goods.
ttriRniajTF.Tf FABRIC
W Linen Shirt Bosoms Plain and fancy '' V
Shirting and Bosom Linens. - V
Linen Bheetlngs and Pillow1 Casings, , .
Linen Cambrics and Long Lawns,
- .'.Linen Pocket-bandk'ts, all sites. '
Linen Towelling! end Dlaptre
Linen Napkins and D'Oylles.
Linen Table Cloths and Batln Damasks.'1 " - " '
Linen Towels with colored borders, ' ' " "'
Xinen Stair Coverings and Oraah.1'
KoraaleatJowprloe. - -
:. , ..i - BAIN ft ION,
febSa ...-..'j .. No. South High street.
TJONHEXS, niBBOITS TABS,' AMP
BAIN ft ION,
eprilS , , No. 59 South B)jh stmt. ,
ALEXANDRES KID OLOTE8. ,
All sues and eolors Just opened at - BA1N8, .
tre.ll. No. W South High streei
i i
WORCESTER'S
ROYAL QUARTO DICTIONARY.
The Latest The LargestThe Seat,
The Cheapest Beoauie the Best,
Tbe lOoet Hellab.t" standard Au
tnorlty of the Engllan Language."
iStes Hundri Emintnt Educators of Ohio,
"inn BEBT IN0LI8Q DICTIONARY EXTANT,"
, . : LUtrary Jim Kneryvihtrt.
"He i are upwards of a Hundred Thousand Words,
whose multifarious meanings and derivations, together
With thelt correct spelling, and pronunciation are olearly
set before the eje.",
' Cincinnati Commtrcial.
Send tht Decisions of the Members of tht OMo Stats
Teacher's Association.
Th undersigned, members of the Ohio State Teachera'
Association, adopt and aim to use in teaching, writing
and speaking, tbe orthography and pronunciation of
Worcester's Roval Quarto Diotlonary, and we most cor
dially recommend It as the most reliable standard au
thority of the English language, as it Is now written and
spoken.
Lorih Andrews, President Eenyon College.
M. D. Lraorrr, Superintendent Zsnesville Schools,
Taos. W. Harvey. Bap't Massilon Union Schools,
, M. V. Oowoesy, Bup't Publlo Schools, Sandusky.
Johk Lmcn, Bup't Publlo Schools, Oircleville.
S. N. 8iroD, Principal Cleveland Female Bemlna-f-
Wat. Mitchell, Bup't Public Schools, Mt. Union.
Job OonaM, Principal Bteta Normal School, Minne
sota. Creos Najom, Principal Fourth Intermediate School,
Cincinnati.
H. 8. Martin, Bup't Canton Union Bobools.
EnwiN Jtco.t, Prloclpal KcNeely Normal School.
ali t. taftan, rroi. iatriemaica, unio university.
Wk. W. KowaRDI, Bap't Troy Union School.
A. 0. Hofkiks, Principal West High School, Oleve
land.
B. A. Norton, Associate Principal High School, Cleve
land Theodore Steruno, Principal High School, Cleve
land.
R. P. HDHirroN, Principal Cleveland Institute.
J. A, Garfield, President of Eleotio Institute, HI
ram.
W. L. Harris. Prof, of Chemistry. Ohio Wesleyan
University. - - -
H. H. Barney, Ex-GmmUsloner of Common Schools,
unto.
James Monroe, Prof. Rhetoric, Oberlln College.
Taoe. Hill, President Antloch Colleee.
0. W. H. Catboart, Prof. Mathematics, High
School, Dayton.
8. 0. Crdhbacob. Prof, Laniuaie. High School.
vayicn.
. M. BARiER, Bup't Union Bobools, Asnland.
Mors than 8ia Hundred other Presidents of Code-
gss, Proftseors, Authors and Distinguished Educa
tors, nave endorsed th aoovt sentiment.
PRESIDENTS OF COLLEGES IN OHIO.
Marietta Colleoe "It Is truly a magnificent work.
an honor to the author, th tmblishers. and the whole
country. rresioent Andrews.
Ohio Wesley an University It exceeds mv exoecta-
uons. it will be my aula in ortnogrsp&y and pronun
oiatlon. and will often be consulted by me for its neat
and accurate definitions.' President Thompson.
W. R. EoLECTio Colleoe. "Heretofore w have used
Webster's orthography. At a recent meeting of our
i acuity, n wasaecmea to enang it to conform to tnat
of Worcester's Boyal Quarto Dictionary." President
uaraeia.
Western Reserve Cotiter. "I find It worthy of
ooruiai approbation.' rrestaent uitcncock.
OintUN Collioe. "It mora than meets mv exoeota'
tlons. I recommend It as the standard authoritvln
ounoepy to my cnuaren ana my pupils." President
morgan.
Aimoca Colleoe. "I adopt and aim to ate In teach
ing, writing and speaking, the orthography and pronun.
nation or Worcester's noyal quarto Dictionary."
President BUI.
"In all my writing, sneaking, and teaching. I have en.
deavored to oonform to th rules for orthography and
pronunciation as contained in Worcester a Dictionary."
Horace Mann, lata President.
Eenyon Oolleoe, Qakbier. 'I most cordially reeom-
mood It as the moat rellabl atandard authority of th
Bognsn language as it u now written aua spoaen."
rrestaeni Anurews,
SCHOOL COMMISSIONERS OF OHIO.
iVem Set. Anson Smyth, Commissioner of Common
aawois tn vmo.
"Th Diotlonary Is an Imperishable monument to the
learning and industry of Its author, and an honor to the
world of letters. The mechanical execution is far supe
rior to that of any other Lexicon with which I am ac
quainted."
iVcmi Bon. n. B. Barney. Ea-Commissioner oj
ocaoote tn vmo.
The most reliable standard authority of th lan
guage.''
WHAT THE
Ijeadins Newspapers of Ohio Say.
Irom tit Cleveland Herald of March 28.
The orthography of the Woroetter Dictionary li that
need bv moat, if not all. authors of distinction In this
country and England, and conforms to the general usage
of ordinary wrltera and speakers.
Whatever ore ndlces may nave existed previously, a
careful study of this volume will Invariably be followed
by a warm appreciation of Its great merits, and a desire
to add It to th well selected library, be it large or small,
It is a library In Itself, and will remain an imperisha
ble record of the learning of Its compiler.
Irom tht Cincinnati Commercial of April SO.
Her art upwards of a hundred thousand words good,
bad and Indifferent who multifarious meanings and
derivations, together with their correct spelling and pro
nunciation, are set clearly before the eye. Th work is
unquestionably th greatest Thesaurus of English Words
ever published.
Irom tht Cleveland Plaindealer of Sept. to, 1880.
Evidently Worcester s Boyal Qoarto Dictionary is
not only the last, but tht best wot of tht kind ever if
siMd.andoan by no poeMUty suffer by comparison or
controversy.
From the Toledo Blade of May "to.
As to noNONCiATioN. Worcester is tbe Standard
followed by our best authors; In definitions he leavea
nothing to be desired, and In Orthoorafiiy It Is sufficient
to say that Worcester oan b ealely followed.
INGHAin 4c BRAGG,
Pn blltlters, Bookseller St. Stationers,
NO. 1S1 SUPERIOR ST., CLEVELAND, OHIO.
maiO
THE MUTUAL BENEFIT
LIEE INSURANCE COMPANY,
.OP
Dividend January 1 , 1 88 1 , 45 Per Cent.
ASSETS........ ........ .iJ,812,J58 SO.
Statement January 1, 1801,
Balance, per statement Jan. 1st. 18G0.....t3. ,08.381 39
Beosiied for Premium dur- -
log th year lBrO. 1703,055 55 ' v
Received for interest during;
th year luoo... i,ui ju -
Total reeelols for 1800....S977.087 74 '
Paid 0 latae by Deatb,907,O3O 00
rata rouoies surren
dered 41,111 SO
Paid Salaries,-Post-
age, Taxes, jsx- -. '
change, eto 31,020 54
Paid Commissions to ' ' .'
Agents It,3?5 30
Paid Physicians' fees. 8,906 75 ,'.!.:.
raid Annuities 1,317 uu
Paid Dividends dur- .i:;..?. "
ln th year 100,500 75 505,01)1 03 411,970 14
Net Balance January 1st. 1861 13,619,638 80
AB3BT8. '-- "V
Cash on band - $0.0284 19
Bonds and Mortgages on Real ; ... .
stat, worm aouoie in -r
amount loaned 9,357,841 68
Premium Notes, on Policies
In force, only drawing 9 per
oent. interest. i7v,ra 17
Real Estaie. ................. 90.893 97
Loans on Scrip - 8,931 44
Premiums, Notes and Cash, iR . . .r
eonneot transmission..,. , 45,343 75 v -'(
Total AiseU.... $3,813,550 80
TBT5 PoUoiH tn force, Insuring $85,426,538
1,438 new Policies have been Issued daring th year.
. Af tar a careful calculation ef the present valu of th
ouuundlug Poltciea of the Company, and having the
MMMdry amount In reserve therefor, th Directors
aav oeniaiM a Divibena ef 4t per eent. en u jremi
urn paid at tha UhU en ell Dslleiea for life in fore.
issued prior to January 1, 1800, payable aeeordlnf to th
present role of u Company,
. Kate for all kinds as l.tr rWtln.,,AlM- PraanML.
nasi, BtaWtsenta, sue Applications, will be furnished
wiTBouTCHARi,attliOfli0,orAgenoloi th Com-
Preildent
l S aafiva
an. a. rskksoiv.
'
' " Noi e Jehneou Bloc
Johnson Block.
March 58, 1881.
BT.fi ACHE D 1 SHEETINGS AND
SHIRTINGS, all width, of mtolebratd make.
taO fat AfYarai lit sVMaataMfe warlafW safari liMsa I 9
IWsvy ess-aws srs v WW PrlfJfJsJt
si a
WPfHreBWltr!.
Scrofula, or King's Evil,
is a constitutional disease, a corruption of the
blood, by which this fluid becomes vitiated,
weak, and poor. Being in the circulation, it
pervades the whole body, and may burBt out
in disease on any part of it. No organ is free
from its attacks, nor is there one which it may
not destroy. The scrofulous taint is variously
caused by mercurial disease, low living, dis
ordered or unhealthy food, impure air, filth
ana nitiiy habits, the depressing vices, ana,
above all, by the venereal infection. What
ever be its oricin. it is hereditary in the con
stitution, descending from parents to children
unto the thira ana lourtli generation " inaeea,
it seems to be the rod of Him who says, " I
will visit the iniquities of tlio father upon
tneir ciuioren." .
Its effects commence by deposition from the
blood of corrupt or ulcerous matter, which, in
tho lungs, liver, and internal organs, is termed
tubercles ; in tho glands, swellings ; and on
the surface, eruptions or sores. This foul cor
ruption, -which genders in the blood, depresses
the energies of life, so that scrofulous constitu
tions not only suffer from scrofulous com
plaints, but they have fur less power to with
stand the attacks of othor diseases ; conse
quently vast numbers perish by disorders
which, although not scrofulous in their nature,
are still rendered fatal by this taint in the
system. Most of the consumption which de
cimates the human family has its origin directly
in this scrofulous contamination; and many
aestrucuvo diseases ot tho liver, Jtiuneys, brain,
and, indeed, of oil the organs, arise Horn or
are aggravated by the same cause.
. One quarter of all our people are scrofulous ;
their persons are invaded by this lurking in
fection, and their health is undermined by it.
To cleanse it from tho system we must renovate
the blood by an alterative medicine, and in
vigorate it by healthy food and exercise.
Such a medicine .we supply in
AYER'S
Compound Extract of Sarsaparilla,
the most effectuul remedy which the medical
skill of our times can devise for this every,
where prevailing and fatal malady. It is com
bined from the most active remedials that have
been discovered for the expurgation of this foul
disorder from the blood, and the rescue of the
system from its destructive consequences.
Hence it should be employed for the cure of
not only Scrofula, but also those other affec
tions which arise from it, such as Eruptive
and Skin Diseases, St. Anthony's Fike,
Bose, or Erysipelas, Pimm.es, Pustules,
Blotches, Blains and llon.s, Tumors, Tetter
and Salt Riiruk, Scald Head, Binoworv,
Bheumatism, Syphilitic and Mercurial Dis
eases, Dropsy, Dyspepsia, Debility, and,
indeed, all Complaints aiiisino from Vitia
ted or Impure Blood. Tho popular belief
in impurity of tht blood " is founded in truth,
for scrofula is a degeneration of the blood. The
particular purpose and virtue of this Sarsapa
rilla is to purity and regenerate this vital fluid,
without which sound health is impossible in
contaminated constitutions.
ACER'S
Ague Gure,
POR THE SPEEDY CURB Or
Intermittent Fever, or Fever and Ague,
Itemtttent Fever, Chill Fever, Dumb
Ague, Periodical Headache, or Blllona
Headache, and aslltesUa Fevers, Indeed
for the whole claaa of diseaae originat
ing in biliary deranirement, caused by
the Malaria of SXiasmatie Countries.
We are enabled here to oflfcr the community a
remedy which, while it cures the above complaints
with certainty, is still perfectly harmless in any
quantity. Such a remedy is invaluable in districts
where these afflicting disorders prevail. This
"Cciib" expels the miasmatic poison of Feveb,
and Aoue from the system, and prevents the de
velopment of the disease, if taken on the first ap
proach of its premonitory symptoms. It is not only
the best remedy evor yet discovered for this class
of complaints, but also the cheapest. The large
quantity we supply for a dollar brings it within the
reach of every body ; and in bilious districts, where
Fever and Ague prevails, every body should
hare it and use it freely both for cure and protec
tion. A great superiority of this remedy over any
other evor discovered for tho speedy and certain
cure of Intermitteuts is that it contains so Quinine
or mineral, consequently it produces no quinism or
other injurious elleets whatever upon the constitu
tion. Hiosc cured by it aro left as healthy as if
they had never had the disease.
I ever and Ague is not alone the consequence of
the miasmatio poison. A great variety of disor
ders arise from its irritation, among which are
ffewalaia, liheumatism. Gout, Headache, Blind
nest, Toothache, Earache, Catarrh, Asthma, l-'al-jtitation.
Painful Affection of tht Spleen, Ihjster
ics, Pain in the Bo'tceU, Colic, Paralysis and De
rangement of the Utomach, all of which, when
originating in this cause, put on tho intermittent
tipe, or become periodical. This " Curb " expels
the poison from the blood, and consequently cures
them all alike. It is an invaluable protection to
immigrants and persons travelling or temporarily
residing in the malarious districts. If taken occa
sionally or daily while exposed to the infection,
that will be excreted from the system, and cannot
accumulate in sufficient quantity to ripen into dis
ease. Hence it is even more valuable for protec
tion than cure, and few will ever suffer from Inter
mittents if they avail themselves of the projection
this remedy affords.
Prepared by Sr. X C. AYEB & CO., Lowell, Mass.
ROBERTS st BAMURL. Columbus.
And by Druggists and Dealers everywhere.
novu:iyd,twetsF .
CAHADIAS ft TOITED STATES MAIL
STEAMERS
TO AND Fit O.TI
LONDONDERRY, GLASGOW.
. Liverpool, Montreal, Quebec,
' and
The Montreal Ocean Steamship Company's flrst-eiss
ill-DoweredObde-bnllt Steamers sail every Nate
n relay from PORTLAND, carrying the Canadian and
United States Mail and passengers.
NORWEGIAN, NORTH AMERICAN,
BOHEMIAN, ANGLO-SAXON,
NORTH BRITON, HIBERNIAN,
CANADIAN, NOVABCOTIAN.
Shortest, Cheapest and Quickest Con
veyancs groin
AMERICA TO ALL PASTS 07 EUEOPK.
Hates ot Faaaase to Europe.
. 83a 866. 80.
Will sail from LIVERPOOL every Wednesday,
and rrom ttUKHSu every saaaraay. calling at
LONDONDERRY, to receive on board and land Malls and
Passengers, to and from Ireland and Scotland.
ItjThes Steamers art built of iron. In water-tight
compartments, carry each an experienced Burgeon, and
every attention 1 paid to th comfort and accommoda
tion or passengers, as iney proceed oirect to lAin nun.
DBRT, the gieat risk and delay of calling at Bt. John's
Is avoided.
- Glasgow passengers are furnished with rati pausg
tickets to and from Londonderry.
Return tickets granted at reduced rates.
Certificates Issued for carrying to and bringing out pas
sengers from all the principal towns of Great Britain and
Ireland, at reduced rates, cy wis line or steamers, ana
by th WASHINGTON LINE OP BAILING PACKETS,
leaving Liverpool (vary wets, . . . . -
Sight Drafts for t and upward pay-
)' RD1V1S1 EillRianui ir.iHu, eves-
land or Wales.
Por passage, apply at th Office. 23 BROAD
WAT, New Korlt, and 19 WATER T.,
Liverpool,
BABEL ft BZABXX, General Agents,
Or to- , J. R. ARMSTRONG,
" nolO-lydtw . Post Offloe, Columbus, Ohio.
HENHT KOEHI.EK,
(Late of Phalon's Establishment, N. Y.,) Proprietor o
th N.W VOTK rUniOUBOIV DUBTtUK. flT UUWUA
Bhampoonlng, Curling and Dressing Saloon, East Stat
street, ever the Post Office, when satisfaction 111
be given In all the various branches. Ladles and
Children 8 iiair V resting uonw in wit uvs tyw
yvl-dly
ovniiva ri.OAKS AND BASQINF.S!
O NIW STYLES liain Sc Son, No. 8 South
High street, hav Jostopsned new styles of Cloti Oia
n.winiMM and Bacohes. made In the newest and
most stylish -manner. Also, Superb Plain
Hiack. Bilke, very teTy, designed exprtasly for
TIBKB,
Dally, per year
.IS 00
. i uu
Waaklv. tier rear 11
THE MERRYMAN CASE.
Opinion of Chief Justice Taney.
( Before the Chief Justice of
Ex serf . the Supreme Court of the
John Mirrtman. United Ststes, at Cbam-
l Der9,
Tha annlication in this ease for a writ of As.
beat eorput is made to me onuer wo i-e.u sec
tion of the Judiciary sot of 1789, which renders
effectual lor tbe oitizen the constitutional prlri
lira of the writ of habeas (or pus. Tuat act
. rr . 4.
elves to the courts of.the United States, as well
.. .. ., r, r, . i .
as to eaco justice oi toe Duprciuo iuun, uu to
ever district iudee. Dower to grant writs ol
habeas corpus for trie purpose of an inquiry Into
tbe cause ol commitment.
The petition was presented to me at Wash
ington, under the impression that I would order
the prisoner to be brought before me there, but
as be was coofloed In Fort McHeory, at the
city of Baltimore, wbioh is In my circuit, I re
solved to hear it In the latter city, as obedi
ence to tbe writ, noder such circumstances,
would not withdraw Ueo. Cadwallader,wfce bad
him In charge, from the limits of bis military
command.
The petition presents the following case:
The petitioner resides in Maryland, in Baltimore
county. Wbile peaceably in nis own nouee, witb
his family, it was, at two o'clock on tbe morn
ing of tbe 25th of May, 1861, entered by an
armed force, professing to set under military
orders. He was then oompelled to rise from bis
bed, taken Into custody, and conveyed to Fort
McHenry, where be is Imprisoned by tbe com
manding officer, without warrant from any law
ful authority.
Tbe commander of the fort, General George
Cadwallader, by whom be is detained in con
finement, tn bis return to the writ, does not de
ny any of the facts alleged in tbe petition. He
states that the prisoner was airested by order of
Gen, Keim, of fennnyivanla, and conducted ae
a prisoner to Fort Motlenry by his order, and
placed in bis (Gen. Csdwallader's) custody, to
be there detained by bim as a prisoner.
A copy of toe warrant, or order, under which
the prisoner was arrested, was demanded by bis
counsel, and refuted. And it is not alleged in
tbe return that any specific act, eonstitutiog an
offense sgainst tbe laws of the United States,
has been charged against bim npon oath; but
he appears to have been arrested upon general
charges of treason aud rebellion, without proof,
and without giving the tames of tbe
witnesses, or specifying tbe acts, which, In
the udgemnt of tbe military officer, constitu
ted these crimes. And having the prisoner thus
in custody npon these vague and unsupported ac
cusations, be refuses to obey the writ of habeas
eorput, upon the ground that be is duly author
ized by the President to stipend it.
The case, tben, is simply this. A military
officer, residing in Pennsylvania, issues an or
der to arrest a oitizen ot Maryland, upon vague
and Indefinite charges, without any proof, so lar
as appears. Under this order bis house Is en
tered in the night) he is seized as a prisoner,
and conveyed to Fort McHenry, and there kept
in close confinement. And when a habeas cor
pus is served on the commanding officer, requir
ing mm to produce tbe prisoner before a Justice
ot tbe Supreme Court, in order that he may
examine into tbe legality of the imprisonment,
the answer of tbe officer Is, that he la authorii
ed by the President to suspend the writ of lo-
oeos corpus at nia Discretion, and. In the issr
else of tbat discretion, suspends It in this case,
and on that ground refuses obedience to the
writ.-
As tbe case comes before me. therefore. I un
derstand that tbe President not only claims the
right to suspend tbe writ of habeas eorput him
self, at his discretion, but to delegate that dis
cretionary power to a military officer, and to
leave it to bim to determine whether be will or
ill not obey judicial process tbat may be serv
ed upon him.
Mo official notice has been riven to the courts
of justice, or to tbe public by proclamation or
otherwise, tbat me President claimed tbts pow
er, and bad exercised it In the manner stated in
the return. And I certainly listened to it with
some surprise, for I bad snpposed It to be ode
of those points of constitutional law npon which
cnere was do uinerence or opinion, and tbat it
was admitted on all bands tbat the privilege of
tbe writ could not be suspended, except by act
of Congress.
When the conspiracy of which Aaron Burr
was tbe bead became so formidable, and was so
extensively ramified as to justify, In Mr. Jeffer
son's opinion, the suspension of tbe writ, be
claimed, on his put, no power lo suspend it,
but communioated his opinion to Congress, with
all the proofs In bis possession, in order that
Congress might exercise Its discretion upon the
subject, and determine whether the public safe
ty required it. And In tbe debate which took
place upon tbe subject, no one suggested that
Mr. Jefferson might exercise the power himself,
If, In bis opinion, tbe publio safety demanded
it- ,
Having, theiefore, regarded the Question as too
plain and too well settled to be open to dispute,
If the commanding officer bad stated that noon
bis own responsibility, and in the exercise of
bis own discretion, be refused obedience to the
writ, I should have contented myself with re
ferring to tbe clause In the Constitution, and to
the constrnotion it received from every jurist and
statesmaa of that day, when the case of Burr
was before tbem. But, being thus officially no
tified tbat the privilege of tbe writ has been
suspended under tbe orders and by the authority
of the President, and believing, as I do, tbat
the President has exeroised a power which be
does not possess under tbe Constitution, a pron-
er respeci lor tne nigu omce ne mis requires
me to state plainly and fully the grounds of mv
opinion, in otder to show tbat I have not ven
tured to question tbe legality of his act without
a carelul and deliberate examination of the
whole subject.
Tbe clause In the Constitution which auth
orizes the suspension of the privilege of the writ
of Aa6as corpus la in the 9ib lectlonof the first
article. - - -
This article is devoted to the leelslative de
partment of the United States, and baa not the
slightest reference to the exeontire' depart
ment, it oegins oy proriaing "tnat all legis
lative powers therein granted shall be vetted In
a Congress of the United States, which shall
consist of a Senate aud House of Representa
tives." And, after prescribing the manner In
which these two branches of the legislative de
partment shall be chosen. It proceeds to enu
merate specifically the legislative powers whloh
it thereby grants, and legislative powers which
It expressly prohibits; and, at the conclusion of
this specification, a clause Is Inserted giving
Congress "the power to make all lawi which
may be necessary and proper to oarry into exe
cution the foregoing powers, sod all other pow
er) vested by this Constitution In tbe Govern
ment of the United States, or In any department
or offloe thereof."
The Dower ot legislation granted bt this lat.
ter clause Is by its woids oarefullj confined to
the specific objects before enumerated. But, as
this limitation was unavoidably somewhat In
definite, It was deemed necessary to guard more
effectually certain great cardinal principles es
sential to the liberty of the citizen, and to tbe
rights and equality or tbe states, by denying to
Congress, in express terms, any power of legis
lating over them. It wae apprehended, It seems,
tbat tucQ legislation migni oe attempted under
the pretext that It was necessary and proper to
carry into execution tbe powers granted, and It
was determined tbat mere snouid De no room to
doubt, where rights of such vital importance
were concerned, and accordingly this clause is
immediately followed by an enumeration of cer
tain subjects, to which the powers of legislation
shall not extend; and the great Importance
which tbe frames of the Constitution attached
to the privilege of the writ of Assess corpus, to
nroteot tbe liberty of the oltlxen.ls proved bv tbe
fact that Its suspension, except In cases of In
vasion add rebellion, U first In tht lilt of pro
hibited powers: and even In these oases the now
er Is denied, and Its exercise prohibited, unless
tne puDiio ea'ety snail require it.
It is true tbat, In tbe cases mentioned. Con
grets Is, of necessity, the judge of whether tbe
puDiic saiety uoes or does not require it; and
their udgment is conclusive. But the intro
duction of these words Is a standing admonition
to the legislative body of the danger of suspend
ing it, and of tbe extreme caution they should
exercise before they give the Government of tbe
United States such power over the liberty of a
citizen.
It is the second article of the Constitution
that provides for tbe organization of tbe Exe
outire Department, and enumerates tbe powers
conferred on It, and presoribes its duties. And
If the high power over tbe liberty of tbe oltlzens
now elaimod was intended to be conferred on tbe
rreament, It would undoubtedly be found in
plain words In this article. But there Is not a
word in it that can furnish tbe slightest ground
to Justify the exercise of tbe power.
The srticle begins by deolarlog that the Exe
cutive power shall be rested in a President of
the United States of America, to bold his office
during tbe term of four yean; and iben proceeds
to preecribe the mode of eleotion, end to specify
in. precise and plain words the power delegated
to him, and tbe duties Imposed upon him. Aud
tbe short term for which be is elected, and the
narrow limits to which bis power Is confined,
show the jealousy and apprehensions of future
danger which iheframera of tbe Coastltutlon
felt in relation to tbat department of the Gov
ernment, ana bow carelully they withheld from
It many of tbe powera belonging to tbe Execu
tive branch of the English Government which
were considered aa dangerous to tbe liberty of
ui euujKci., ana conicrrea (ana tbat In clear and
specific terms) those powera only which were
deemed essential to secure the successful ope
ration of the government.
He is elected, ss I have already said, for the
brief term of four years, and is made personal
ly responsible, by impeachment, for malfeas
ance in office. He is Irom necessity and tbe
nature of bis duties the commander in-chief of
the army and navy.snd orthe militia, when call
ed Into actual service. But no appropriation for
tbe support of tbe army can be made by Con
gress for a longer term than two years.so that It
is in the power of the succeeding Houne of Rep
resentatives to withhold theappiopristloo for its
support, and thus disband it, if in their judg
ment the President used, or designed to use it,
for improper purposes. And although the mili
tia, when in actual service, are under bis com-
uiauu, yet iub appoiuimeoi oi tne oincere is re
served to tbe States, as a security against tbe
use of military cower for Durnoaes dane-Mrnn
to tbe liberties of tbe people or the rights of
sua otaies.
So, too, bis power in relation to the civil
duties, and authority necessarily conferred on
him, ate carefully restricted.as well as those be
longing to bis military character. He cannot
appoint the ordinary offieera of Government,
nor make a treaty witb a foreign naiion op In.
dian tribe, without the advice and consent of
tbe Senate; and cannot appoint even inferior
offieera, unless he is suthorized by an act of
vuugress Kj ao so. ne is not empowered to ar
rest any one charged with an offence against
the United States, and whom be may, from the
evidence before bim, believe to be guilty; nor
can be authorise any officer, civil or militarv.
to exercise this power, for tbe fifth article of
the amendments to the Constitution exnresal
provides tbat no person "shall be deprived of
me, uuerty.or property, witnout duo process of
th.. I. r
ma. ia, juuioiai pruueua.
And even, if tbe privilege of the writ of habtat
eorput wae suspended by act of Congress, and a
party not subject to tbe rules and articles of war
was afterwards arrested and Imorisoned bv rec
ular judicial process, he could not be detained In
prison or brought to trial before a militarv trt.
bunal; for the article in the amendments to the
ivonwtuuoo lmmedlately,TjIlowlng tbe one above
rererrea w tnat is, tbe sixth art c e nrovidn
tuns iu an --criminal prosecutions the accused
shall enjoy the right to a speed, and nnhlin trial
by an Impartial jury of tbe State and district
wnerein tbe crime shall have been committed,
which district shall have been previously ascer
tained by law, and to be informed of tbe nature
and cause of ibis accusation; to be confronted
with the witnesses sgainst him; to have com
pulsory process for obtaining witnesses In bis
favor, and to have the assistance of counsel for
bis defence."
And tbe only power, therefore, which the
President possesses, where the "life, liberty, or
property" of a private citizen is concerned, la
tbe power and duty prescribed in the third sec
tion of the second article, which requires "that
he shall take care that the laws be faithfully
executed." He la not antborized to execute
them himself, or through agents or officers, civ
11 or military, appointed by himself, but he Is to
take care that they be faithfully carried Into exe
cution, as they are expounded and adjudged by
the co-ordinate branch of the Government to
which that duty is assigned by tbe Constitution.
It is thus made his duty to come in aid of the ju
dicial authority, if it shall be resisted by a force
too strong to be overcome without theaesistsnce
of tbe Executive arm. But, in exercising thla
power, he acta In subordination to judicial au
thority, assisting it to execute its process and
enforce its judgments.
With such provisions In the Constitution, ex
pressed In language too clear to be misunder
stood by any one, I can see no grounds whatever
for supposing that tbe President, In any emer
gency or In any state of things, can authorize
the suspension of the privilege of the writ of ha.
beat eorput, or arrest a citizen, except in aid of
tbe judicial power. He certainly does not faith.
fully exeoute the laws if be takes upon himself
legislative power Dy suspending me writ of A
6ea corpus and the judicial power, also, by ar
resting and Imprisoning a person without due
process of law. Nor can any argument be drawn
from tbe nature of sovereignty, or the necessi
ties of government, for sell-defence In times of
tumult and danger. Tbe goverument of tbe
United States la one of 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 any of the powera of government
beyond those specified and granted, For tbe
lOih article of tbe amendments to the Consti
tution In express terms provides that "the pow
era not delegated to the United States by the
Constitution, nor prohibited by it to tbe States,
are reserved to the States respectively, or to tbe
people."
Indeed, the security against Imprisonment by
executive authority, provided for In the firth
article of the amendments ot tbe Constitution,
which I have before quoted, la nothing more
than a copy of a like provision In the English
Constitution, which had been firmly established
before the Declaration of Independence
Blackstone, in his Commentaries (1st vol.,
137), states it in the following words t
"To make imprisonment lawful, It must be
either by f roeese from tbe courts of judioature
or by warrant from some legal officer having an
tborlty to commit to prison." And tbe people
of tbe United Colonies, who bad themeelvea
lived under ita protection while they were Brit
ish subjects, were well aware of the neoessity
of this safeguard for tbeir personal liberty.
And no one oan believe that. In framing a gov
ernment Intended to guard still more efficiently
the righta and the liberties of the oitlssns against
Executive encroachment and oppression, they
would have conferred on tbe President a power
which tbe history of England bad proved to be
dangerous and oppressive in tbe bands of the
Crown, and which the people ot Eogland bad
oompelled It to surrender, after a long and ob
stinate struggle on the part of the English Ex
ecutive to usurp and retain It.
Ths rich! of the subject to the benefit of the
writ of habtat corpus, it must be recollected.
wss one of the great points of controversy dur
ing the long struggle In England between
arbitrary government and free institutions, and
most, therefore, nave strongly attracted toe at
tention of tbe statesmen engaged In framing a
new and, aa they supposed, a freer government
than the one whloh they had thrown off by the
Revolution. For, from the earliest history of
the oommoo law, if a person was Imprisoned
ao matter by what authority he bad a right
to th writ of k6ea eorput to bring bis case
before the King Uenon; ana u no spolfio of
fence wss charged against bim In the warrant
or commitment, be was entitled to De iortbwttb
discharged; and If any offence waa charged
which waa bailable in ita character, the court
waa bouod to aet bim at liberty on bail. And
the most exciting contests between the Crown
and the people of Eogland from the time of
Magna Charts were in relation to tbe privilege
of tbls writ, and they continued nntil the pass
age of tbeetatute of 31st Charles II., common
ly known as the great habeas eorput act.
. This statute put an end to tbe struggle, and
finally and firmly secured the liberty ol the sub
ject from tbe usurpation and oppression of the ex
eontive branch of tbe government. It never
theless conferred no new right upon the subject,
bnt only secured a rlgbt already existing For,
although the right could not be justly denied,
there wss often uo effectual remedy against Its
violatioo. Until the statute of tbe 13th of
William III., the judges held their offices at the
pleasure of tbe King, and tbe Influeuce which
be exercised over timid, time serving and parti
tin judges often induced tbem, upon some
pretext or another, to refuse to discharge the
party, although be was entitled to it by lw, or
delayed their decisions from time to time, ao aa
to prolong the imprisonment of persona who
were obnoxious to tbe King for tbeir political
opinions, or hsd incurred bis resentment iu any
other way.
The great and inestimable value or tbe Aao
as corpus act of the 31st Charles II. Is that it
contains provisions which compel court and
judges, and all parties concerned, to perform
tbeir duties promptly, in tbe manner specified in
tbe statute.
A passage In Blackstone'a Commentaries,
abowing the ancient etate of tbe law upon tbia
aubject, and tbe abuea which were practiced
through tbe power and Influence of the Crown,
and a short extract from Hallam'a Constitution
al History, stating tbe circumstances which gave
rise to the passage of this statute, explain brief
ly, but fully, all tbat Is material to tbls subject.
Blackstooe, in bia Commentsrleaontbe Liwa
of England, (3J vol., 133, 134.) says:
"To assert an absolute exemption from Im
prisonment in all cases is inconsistent witb ev
ery idea of law and political society, and, in the
end, would destroy all civil liberty by rendering
its protection impossible.
"But tbe glory ot tbe bngiisb law consists in
clearly defining the timet, tbe causea, and tbe
extent, when, wherefore, and to wbat degree
the imprisonment of tbe aubject may be lawful.
Thia it la which induces tbe absolute necessity
of expressing upon every commitment tbe rea
son for wblob it Is msde, tbat tbe court, upon a
Aaocss eorput, may examine Into its validity,
and, according to tbe circumstances of tbe
case, may discharge, admit to bail, or remand
the prisoner.
"And yet. early la tbe reign of Charles I., tbe
Court of King's Bench, relying on some arbi
trary preoedents (and tbose, perhaps, mlsnnder
stood,) determined that they would not, upon a
iairof corpus, either bail or deliver a prisoner,
though committed without sny cause assigned,
in case he was committed by tbe special com
mand of the King or by the Lords of the Privy
Council. This drew on a Parliamentary inquiry,
and produced the Pev.tton ot liighti Lbas. 1
which recites the Illegal judgment, and enacts
tbat no free man hereafter shall be so.lmpiUoned
or detained. But when, in tbe following year,
Mr. Selden and others were committed by the
Lords of the Council in pursuance of bis Majes
ty's special command, under a general charge
of 'notable contempts, and stirring on sedition
against tbe Kiug and the Government,' the
judges delayed lor two terms (inciuaing, aiso,
the lone vacation) io oeuver an opinion now lar
such a charge waa bailable. And when, at
length, tbey agreed that it waa, they, however,
annexed a condition ot finding suretiea for their
good behavior, which still protracted their im
prisonment, the Chief Justice, Sir Nicholas
Hyde, at the same time declaring that 'if they
were again remanded for tbat cause, perhaps the
court would not aiterwara grant a haotas eor
put, being already make acquainted witb tbe
cause of me imprisonment. nut tnis was neara
with indignation and astonishment by every
lawyer present, aocordiog to Air. selaeu's own
account of tbe matter, whose resentment was
not cooled at tbe distance of four and twenty
years."
It is worthy of remark that the offences charg
ed againet the prisoner in this case, and relied
on as a justification for bis arrest and imprison
ment, in tbeir nature and character, and in tbe
loose and vague manner In which they are sta
ted, bear a striking resemblance to those as
signed in the warrant for the arrest of Mr. Sel
den. And yet, even at mat aay, tne warrant
was regarded as such a flagrant violation of the
rights of the subjeot, tbat tbe delay of tbe time
serving judges to set bim at liberty upon the
Aa6eas eorput issued in bis behalf excited uni
versal indignation at tbe bar. ibe extract
from Hallam's Constitutional History Is equally
impressive and equally in point. It is in vol. 4,
p. 14:
r . . . 3 .
"it 18 a very common mieiaae, ana not oniy
among foreigners, but many from whom aome
knowledge of our constitutional lawa might be
expected, to suppose tbat this statute of Charles
II. enlarged in a great degree our liberties, and
forms a sort of epoch in their history. But
though a very beneficial ensotment, and emi
nently remedial In mapy cases of illegal impris
onment, it introduced no new principle, nor
conferred any right npon tbe subject, from tbe
earliest records of the English law, no freeman
could be detained In prison, except npon a crim
inal charge or conviction, or for a civil debt.
In tbe former case it waa always In bis power
to demand of the Court of Kiog'a Bench a writ
of habeas eorput ab tubjieiendum directed to the
person detaining bim in custody, by which be
waa enjoined to bring up the body of the prison
er with the warrant of commitment, tbat the
court might judge of its sufficiency and remand
the party, admit him to bail, tor discharge him,
according to the nature of tbe charge. This
writ Issued of right, and could not be refused
by the court. It was not to oestow an immu
nity from arbitrary imprisonment, wblcb is
abundantly provided for in Magna Cbarta (if,
indeed, it were not more ancient),tbst the statute
ot Charles II. was enaoted, but to cut off tbe
abuses by which tbe Government's lust of pow
er, and tbe aervile subtlety of Crown lawyers,
hsd impaired so fundamental apiivllege "
Wbile the value set upon tbls writ in England
has been ao great that tbe removal of tbe abu
ses which embarrassed ita enjoyments baa
been looked upon as almost a new grant of lib
erty to the subject, it is tot to be wondered at
that the continuance of tbe writ tbua made tf
tective ahould have been the object of the moat
Jealous care, Acoor liogly, do power in Eog
land, short oi tnat oi rarusmeni, can eucpeno
or anthorlzs the suspension of thewritof habeas
eorput. I quote again from Blackstone (1
Comm , 136): "But the happiness of our Con
stitution is, that it ia not left to the executive I
fiower to determine when tbe danger ol tbe State
a ao great aa to render thia measure expedient.
It Is the Parliament only, or legislative power,
that, whenever it soea proper, can authorize the
Crown, by suspending tbe Assess corpus or a
short and limited time, to imprison suspected
persons without giving any reason for so doing. V
And If tbe President of tbe United States may
suspend the writ, tben the Constitution of the
United States has conferred upon bim more re
gal and absolute power over the liberty of the
citizens than tbe peopleof England have thought
It aafe to entruat to tbe Crown a power wbioh
tha Queen of Eogland cannot exeroiee at thia
dav. and which could not have been lawfully ex
ercised Dy tne sovereign even in. toe reigu oi
Charles the First. , , -.i z.
But I am not left to form my judgment npon
this great question from analogies between tbe
English Government and our own, or the com
mentaries of English jurists, or the decisions of
English courts, although upon this aubject tbey
are entitled to the highest reapect, and are justly
regarded and received as authoritative by our
courta or justice, i o guiae me to a rignt con
clusion, I have the commentaries on tbe Consti
tution of the United States of the late Mr. Jus
tice Story, not only one of the most eminent
Jurists of the age, but for a long time one of the
brightest ornament ot the Supreme Court of
the United Statu, eod'elso the olear and authorl
tatlve decision of tbat court Itself, given more
than half a century since, and conclusively ea
ubliablnrr the nrinolDlea I have above stated.
I Mr. Justice Story, speaking In bia comments.
riea of the As6es corpus clause In the Constitu
tion, says:
"It is obvious that cases of a peonllar emar- -gency
may arise which may justify, nay, even
require, the temporary S ispension ofaoy rightto
the writ. But aa it baa frequently happened in
foreign countrlea, and even in England, tbat the
writ has, npon various pretexts and occasions,
been suspended, whereby persons apprehended ,
upon suspicion have suffered a long imprison
ment, sometimes from design, and sometimes
beosuse they were forgotten, the right to sua
pend It la expressly confined to cases of rebel
lion or invasion, when the publlo safety may re
quire it. A very just and wholesome restraint,
which cuts down at a blow a fruitful means of
oppression, capable of being abused in bad times
to tbe worst of purposes. Hitherto, no suspen
sion of the writ has ever been authorized by
Congress since tbe establishment of tbe Con
stitution. It would seem, aa the power ia given
to Congress to suspend the writ of Ubeat eorput
in cases of rebellion or Invasion, that tbe right -to
Judge whether tbe exigency had arisen must
exclusively belong to tbat body "3 Story's
Com. on the Constitution, section 1,336.
Ana ibier justice Marshall, In delivering tbe
opinion of tbe Supreme Court in thaaaaa at ex
parte Bollman and Swartwout, uses this decisive
language, in 4 Uancb, 95; It may be worthy
of remark tbat this "act (speaking of the one
uouer wnioa i am proceeding) was passed by
the first Congress of tbe United States, sitting
noder a Constitution which had declared 'that
tbe privilege of tbe writ of habtat eorvut should
not be suspended, oolesa when, in cam nf reh.l.
lion or invasion, tbe public safety might require
it ' Aoting.nnder the immediate Influence of
thla lojuuction, they must have felt, with pecu
liar force, the obligation of providing efficient
means by wbioh ibis great constitutional privi
lege should receive life and aotivitv; for, If the
means be not In existence, tbe privilege itself
would be lost, although no law for ita
should be enacted. Under tbe impression of
this obligation, they gave to all' tbe courta the
power of awarding write of habeas cot tut "
. 1 , .n. -
Ana again, cn p ige 1VA :
"If atany ttma tbe puolio safety should .
quire a suspension of tbe powers vested by this
,u .uvu..w. .us vuueu orates, it is for
the Legislature to say so. That question de
pends upon political considerations, on which
tbe Legislature Is to decide. Until the Leglslc
tive will be expressed, tbls court can only see
ita duty, and must obey tho laws."
i can aaa nothing to these clear and emphatic
words of my great predecessor.
But toe documents before me show tbat tbe
military authority in thia case has conn far h
yond the mere suspension of tbe privilege of tbe
whs ui uTjit. av aas, oy lorce ol arms,
thrust aside the judicial authorities and outoeis
to whom the Constitution baa confided the pow
er and duty of Interpreting and administering
kue uws, suu nuuetuuicu a military government
in its place, to be administered ard executed by
military officers. For at the time these nro-
ceedings were bsd sgainst John Merryman, the
District Judge of Maryland, the Commissioner
appointed under the act of Congress, the Dis
trict attorney, sua me luirsnsi, all resided in
the city el Baltimore, a few miles only from tho
home of the prisoner. Up to tbat time there
had never been the slightest resistance or ob
struction to the process of any court or judicial
officer of tbe United States in Maryland, except
bv the military authority. And if a military
officer, or any other person, had reason to be
lieve tbat tbe piisoner bad committed any of
fence against tbe laws of the United States, it
was bis duty to give information of tbe fact,
and tbe evidence to support it, to the District
Attorney; and it would bave become the duty
of that officer to bring the matter before the
District Judge or Commissioner, and if there
waa sufficient legal evidence to justify bia ar
rest, the Judge or Commissioner would bave is
sued bis warrant to tbe Marshal to arrest bim;
and upon tbe bearing of tbe party, would have'
hold bim to bail, or committed him for trial,
according to tbe character of tbe offence aa it
appeared in the testimony, or would have rlia-
charged bim immediately, if there was not suf
ficient evidence to support the accusation
There was no danger of any obstruction or re. -
sistaoce to the action of tbe civ.l authorities,
and therefore no reason whatever for the inter
position of tbe military.
And yet, under these circumstances, a mill,
tary officer, stationed in Pennsylvania, without
giving any information to tbe District Attornav.
and without any application to the judicial au
thorities, assumes to himself the judicial pow
er in tbe District of Maryland; undertakes to
decide what constitutes the crime treason or re
bellion; wbat evidence (if, indeei. be reauired
any) ia sufficient to support the accusation, and
justify tbe commitment; and commit the oar-
. . I 1 1 . .
iy, wimuut uaviug ucariug even Dei ore bim
self, to close custody in a strongly garrisoned
fort, to be there held, it would seem, during
the pleasure of those who had committed bim.
Tbe Coustitution provides, as I bave before
said, tbat "no person shell be deprived of life,
liberty, or propeity, without due process of law."
It deolares that "the right of the people to be
secure in tbeir persons, houses, papers and ef
fects, against unreasonable searches and
seizures, shall not be violated, and no warrant
shall issue but upon probable cause, supported
by oath or affirmation, and particularly describ
ing tne piece io do aearcnea, and tbe persons
or things to be seized." It provides that tbe
party accused shall be entitled to a speedy trial
in a court of Justice.
And these great and fundamental lawa, which
Congress itself could not suspend, bsva been
disregarded and suspended, like the writ of As-
beat eorput, Dy a military order, supported by
force of arms. Such ia the oase now before me,
and 1 can only aay tbat, if tbe authority which
the Constitution has confided to the judioiary de-.
partmenl and judicial offieera may tbua, upon
any pretext or under any. circumstances, be
usurped by the military power at Its discretion,
the people of the United States sre do longer
living under a government of laws, but everv
citizen holds lite, liberty and property at the
will and pleasure of the army cflher in whose
military distriot be may happen to be found.
Io suoh a case, my duty was too p'.nin to be
mlstakeo. I have exeroised all the power wblcb.
the Constitution and laws confer on me, but that
power has been resisted by a force too strong for
me to overcome, it is possible tbat the officer
who baa incurred tbia grave responsibility mav
bave misunderstood his instructions, and ex
ceeded the authority intended to be given bim.
I shall .therefore, otder all the proceedings in '
this ease, with my opinion, to be filed and re- -
corded io the Circuit Court of the United States
for the Dietrlot of Maryland, and direct tbe
olerk to transmit a oopy, under seal, to tbe ".
President of tbe United states, it will tben re
main for tbat high officer, in fulfillment of bia
constitutional obligation, to 'take care that the .
laws be faithluliy executed," to determine wbat
measures he will take to cause the civil process '
of tbe United States to be respected and en- ' '
R. B. TANEY
Chief Justice the Supreme Court of the
United States.
The Day-Book saysr "It Is one of the "Ar
ticles of War," that it shall be considered death
to stop acannon ball!". , .. ;.
Why is a man paving his note at the bank '
like a father going to see his children 7 Be- '' .
cause be meets his responsibilities-! ,.a , i .
' Gentlemen who smoke allege that It makes
them calm and complacent. Tbey tbey ua the
more tbey fume the more tbey don t fret. . , . ( r
, - . .
Baioaiw. A ludicrous transaction, In whloh ' ,v
each party thinks he haa cheated the other. '
l 'v. m . ,, ,- A
When avarice rulea, humanity la generally ..:
absent. ' ' . ,
Tha compsolon for an evening, and the
companion for life, require very different qaali-
ligations..; gj ,S-ffs. -. S -. s ;t i l.
,,'y ' .'. . . ' r
He that Is too good for good service is too
good tor his neighbor's company. ' ' ' ' '
- ' "
Death lathe only master that takes Ua 1
servants without a charaoter.
- r

xml | txt