Eh pe ——————— a i . : | VOL. 6. on BELLEFONTE, THURSDAY MORNING, JUNE 20, 1861. NO, 23. twa i gE : "Terms of Publication. pe : : PR thie en . : Sy x ig mine whether the public gafety required it. |so. He is not empowered to arrest any one | ence which he exercised over timid, time | for so doing.” And if the President of the - TERNS: 81,50 ot. if paid within threo months £ gr oe 1m And in the debate which took place upon charged with an offence against the” Uniteds| serving, and partisan judges often induced [United States may suspend the writ, then ' $2, 04 layed six months, and $2,50 if not paid ’ { this subject, no one suggested that Mr. Jef- States, and whom he may, from the evidence them, upon some pretext or other, to refuse the Constitution of the United States has within the year. These terms will be rigidly ad- | =—— 2g ; ferson. might exercise. the power himself, if, | before him, believe to be. guilty, nor.can he | to discharge the party although he was en- conferred upon him more regal and aot Bored to. ; 5 ADVERTISEMENTS and Business Notices insert THE SOLDIER'S TEA in his opinion, the, public safety demanded | authorize any officer, civil or military, to titled to it by law, or delayed their decisions | power over” the. liberty of the citizen than . t , $0 exercise this power, for the fifth article | fi time to ti i ; i ; YE Rats yall thoy doveription of Upon the hill B® turned i hi > : H p y fth article | from ime to time, so as to prolong the im- the people ot England have thou ht it safe to WOB PRINTING | Po take Just fond Sook io i outs he uestion as of the angiieate to the Constitution ex prisonment of persons who were obnoxious entrust to the Crown—a a which the EXECUTED in the neatest manner, at the lowest Of the valley. and the vill huroh 00 plain and too well setiled to open to | presely provides that no person * shall.be | to the King for their political opinions, or Queen of England cannot exercise at , this prices, and. with the utmost despatch. Having | ATS Bo : village church, dispute, if the commanding officer had stated | deprived of life, liberty or property without | had incurred his resentment in any other |day, and which could not have been lawful purchased a large oolloction of type, we sre pra-| -- ou © coitage by the brook ; that upon his own responsibility, and in the | the due process of law '’—that is, judicial | way. exercised by the Sovereign even in tl hei pared to satisfy tho orders of our friends. 5 jetaped to, the sounds, exercigo of his own discretion ho refused | process. Aud even if the privilege of the| Tho great and inestimable value of the |of Charles the First. = . 3 190 = | fn Lend 2x to his ear, dd ebedience to the writ, I should have content writ of habeas corpus was suspended by act habeas corpus act of the 31st Charles 2d, is ButI am not left to form my judgment Business Birectorp. a ig e Bee higeword . - a TRI Rn to he sisuseof the | of | Obngress; zed a party not subject to the that it contains provisions which compel upon this great question from ho be- e 3 rushed away & tear. , { onstitution to-the construction. it re- rules. and articles of war was afterwards | courts and judges, and all the parties con- tween the Foglish Governgient and éur o ’ WILLIAM ¥. BLAIR, : _. Beside the cott h ' Jeeived from: every jurist aud statesman of arrested and imprisoned by regular judicial | cerned, to perform their duties promptly, in | or the cx le English. Ah x ATTORNEY AT LAW re iia aga. 08} : P that day, ibis pe Sg of iii i Fo De pnt not be detained in prison, ae; manner specified in the statute. the decisions of English Courts although LAW. y noes ; ° hem. But being tnus_ officially notified jor brought to trial before a military tribunal, passage in Blackstone’s Commentaries, | upon this subj itl @6lce in the Arcade, second SurLavaNID ra. She held aloft a snowy soarl, | that the privilege of the writ has been sus~ [for the article in the a to he showing the ancient state of ig pis A ay = - on Which fluttered in the breeze ; pended under the orders, and by:the authors Clos tution, immediately following the one this ‘subject, and the abuses which was | received as authoritative by Courts ne BR N.M PALEY Ae A oh a iam a: BEAVER. . Bhe breathed a prayer for him— iw of the President, and, believing, as 1 do, |! b referred to—that is the sixth article practiced through the power and influence | Justice. To guide me to a right conclusion ATTORNEYS AT LAW Ry A prayer ho could not hear-— af : she President has exercised a les that—¢- In all criminal prosecutions | of the Crow?; and a short extract from Hal- | I havetlic commentaries on the Constitution ] A Lehi. But ho paused to bless her as she knelt, Th he does Hot posses apr ae i 2 agguscd shall enjoy the right toa speedy | lam’s Constitutions! History, stating’ the |of the United States of the late Mr. Justice rr And wiped away & tear. aon a proper respect for the high office he {REEbIIC trial by un impartial jury of the | circumstances which gave risé to the pass- | Story, not only one of the most eminent jur- JAMES H. RANKIN, : 3 § requires mo to state plainly des ull} nd district (wherein the crime shall | age of this staute, explain briefly, but fully, ists of the age, but for a long time one of the ATTORNEY AT LAW, Ho turned and left the gpot : — 3 e grounds of my opinion, to. sho ; ben committed, which district shall all that is material to this subject. brightest ornaments of the Supreme Court of Ofios, on the Dismon onan A . 0, do not deem him weak, ave Rot Yeutaied to question the leg en previously ascertained by law, | Blackstone, in his Commentaries on the | the United States, and also the clear and poder en ) | For dsuntless was the soldier's heart, is act without a careful and delibera ibe informed of the nature and cause Laws of England, (3d vol. 133-134) says : authoritative decision of that Court itself VEN Bo RLANGHARD 3 Tg tears were on his cheek. amsatee ne A iE céusation ii be Hiei) with the| To assert an absolute exemption from | given more than half a century since, and 3] . 0. Watth.the foremost rank L Constitution wh ¥ es against him ; to have compulsory | imprisonmentin all cases, is inconsistent | conclusively establishing the principles I ATTORNEY AT LAW, Rats heh aa Sorizss, the sagpension of the privilege of | Pro¢ for obtaining witnesses in his favor, | with every idea of law and politicul society, have Av aiane pe . ok BELLEFONTE, PEN'NA. Be suro the hand most daring there the writ % fa eas corpus, is in the ninth aud $ave the assistance of counsel for his | and, in the end, would destroy all civil lib- Mr. Justice Story, speaking in his Com: Uffios formally occupied by tho Hon. Jumes Burn- Has wiped away a tear, : ion of the frye ancl sich ufone, ; erty, by rendering its protection impossible. mentarics of tie habeas corpus clatse inthe tle. 3. : “This article is devoted to the legislative | - “And the only power; therefore, which the| Bat the glory of the English law con- Constitution, says : Ya Se : en " " Sepertuent of the United States, and has President possesses, where the life, liberty sists in clearly defining the times, the caus-{ It is obvious that cases of a peculiar Wisgellangons, [Fro Lo poe SHEE pa tnd cnt, hon, wher, i) CL uh omar Cri . y it. I , 18. prescribed in the third section | what ¢ egree the imprisonment of the su ject | nay, even require, the t A i : | DELLEFONTE, CENTRE CO. PA. . : g : al legislative powers therein granted shall fof the second article, which requires that | may be lawful. Ths it is which i of Ty Yl oo the ot ar ho: da sow propired 10 wait upon all who may desire ih did ongrin 3 Hie | Dit Ses he $hall ake care that the laws be faith- | the absolute necessity of expressing upon quently happened in foreign countries, and Drofeesionn i feat. THE ? : onsist of a Senate and House y executed. He is not authorized to | every commitment tie reasou for which it is | even 1 England, that the writ has, upon Rooms residence nSpiog stree HABEAS CORPUS CASE. os Representatives.”” And after prescribing | execute them himself, or through agents or | made, that the court upon & habeas corpus | Various pretexts and * occasions, been AMBROTYPES, 2 manner in which these two branches of | officers, civil or military, appointed by him. | may examine into its validity, and according pended, whereby persons apprehended upon 3 » PINION - Aer . . PHOTOGRAPHS & DAGUERREOTYPES, OPINION OF THE CHIEF JUSTICE OF THE UNI | the legislative department shall be chosen, | self, but he is to take care that they be faith. | to the circumstances of the case, may dis- ‘Paken daily (except Sunda: 3) Tiom 8 A.M. to bp.X TED STATES. it proposes to enumerate speciall the lewis- | fully carried into execution as they are ex- charge, admit to bail ison- bis PHY S. BA NHART, tre AECil lative powers ‘which it acy Tne, and poded and adjudged by the os er. Be 7081) Doro] Hoan pa 5p svaid Batoes, in the AZcade Building, Ez parte Fe 5 Oltet dsties oF legislative potvers it expressly prohibits, and branch of the government, to which that | < Aud yet early 1n the reign of Charles I Bet . J 2 JomN MERRYMEN.( {7 g BY Fok ia ° lat the conclusion of its specifications, a |duty is assigned by the Constitution. Itis the Court of King's Bench, relying on some BR 4, 1. POINTER The application in this case fora writ of clause is inserted, giving Congress ‘ the | thus made his duty to come in aid of the | arbitrary precedents (and those perhaps mis: PHYSICIAN & SURGEON, habeas corpus i§ mado to me under-the 14th power to make all laws which may be fieces- judicial authority, if it shall be resisted by understood) determined that they would She sary and proper for carrying into execution | & force too strong to be overcome without | not, upon a habeas corpus, either bail, or de- BELLEFONTE, CENTRE 00., ¥A, | goction of the Judiciary Act of 1789, which | vania, and conducted as a prisoner to Fort %. 9s nyugas ral eg J.T MALE. | \ooprinry by his order, and placed in his DEPOSIT BANK, (Gen. Oadwallader’s) custody to be there OF etained by him as a prisoner.’ HUMES, MoALLISTER, HALE & CO. A copy of the warrant, or order, under|m BELLEFONTE, CBNTRE oot PA Te posi Received—Biltsof Exchange and Notes | manded by his counsel, and refused. And| Itis the second Discounted —Interest Paid on 8 coial Deposits— | 14 is not alleged in the return that an . h rave ivath f th a mL bt y spe | that provides for the organization of the jin in ; s Gollestions Made, and Proceeds Remitted rowpt- | ©o1 act. constituting an offence against the a ave Department, and entimerates the | Blackstone, in his commentaries (1st vol., | judges to set him at liberty upon the habeas oe and’ y—Exchange on the East constantly on hasd laws of the United States, has been charged | powers conferied on it, and prescribes its 137,) states itm the following words: ° | corpus issued in his behalf excited universal 3. |. STOVER, against him on oath, but he appears to have | duties. ~ And if the high power over the | ¢ To make imprisonment lawful, it wust | indignation of the bar. The extract from ATTORNEY AND COUNSELLOR AT LAW. | been arrested on general charges of treason | liberty of the citizens now claimed was be either by process from the Cotirts of Judi- | Hallam’s Constitutional History is equally BRLLEFONTE, PENNX'A. and rebellion, without proof, and without | intended to be conferred on the President, cature or by warrant from some legal officgr | impressive and equally in point. It is in Will practice his profession in the several Courts | BiVing the names of ‘witnesses, or specifying | it would undoubtedly be found in plain words having a . of Gontre County, All business intrusted to him | the acts, which, in the judgenent of the {in this article. But there is not a word in } the people of the United Colonies, who had | (1tis a yery common mistake, and not my errr m which the prisoner was arrested, was de-| the liberty of a citizen. in the Bnglish Constitution, which had been | at that day, the warrant was regarded as article of the Uonstitation firmly established before the Declaration of | such a flagrant violation of the rights of the uthority to commit to prison,’ And vol. 4:p 14: will be faithfully attended to. Particular attention | mlitary officers constitute these crimes. | it that can furnish the slight h 1 lived under i . : : i i . : . ghtest ground to | themselves HV | under its protecticn while | only among foreigners, but many from whom pid to collections, and all moles PEP - And having the prisoner thus in custody, | justify the exercise of the power. they were British subjects, were well aware | some knowledge of our constitutional laws a8 in the English language. under these vague and unsupported accusa-| The article begins by declaring that the | of {he necessity of this safeguard for their might be expected, to suppose, that this High at., formerly cceupied by Judge | tions, ho refuses to obey the writ of kabeas | Executive power shall be vested in a Presi- | personal liberty. And: no one can believe | statue of Charles 11. enlarged in a great de- Office en Burnside and D. C. Boal, Esq. corpus, upon the ground that he is duly | dent of the United States of America, to |thatin framing, a government intended to | gree our liberties, and forms a sort of epoch ATT Ee TE authorized by the President to suspend it. | hold his office during a term of four years—: guard still more cfficiontly the rights and |in their history. But though a very benefi- HALE & HOY, The case, then, 1s simply this. A military and then proceeds to describe the mode of | the liberties of the citizens against execu~ cial enactment, and eminently remedial in ATTORNEYS AT LAW, officer,, residing in Pennsylvania, issues an election, and to specify in plain words the | tive encroachment and oppression, they | many cases of illegal imprisonment, it intro- 2 order to arrest a citizen of Maryland, upon | powers delegated to him and the duties | would have conferred on the President & duced no new principle, vor conferred any ’ . : . . . Witt attend promptly to EEE ei vague and indefinite charges, without any imposed upon him, And the short term for | power which _the history of England had | right upon the subject. From the earliest their care. Office in tho building formerly ocou proof, so far as it appears. Under this | which he is elected, and the narrow limits to proved to be dangerous and oppressive in | records of the Euglish law, no freeman could pled by Hon. Jas. T. Hale. , order, his house is entered in the night; he which it is confined, show the jealousy and | the hands of the Crown, and which the peo- | be detained in prison, except upon a ¢rimi- i H A CARD. J is seized as a Prisenes, and conveyed to fort | apprehensions of future danger which the | ple of England had compelled it to surrender | nal charge, or conviction, or for a civil debt during my aw S100 il ation oe ol 2 us sipss McHenry, and there kept in close confine- | framers of the Constitution felt in relation | after a long and obstinate struggle on the | In the former case it was always in his pow- 2: ment. And when a habeas corpusiis served | to that department of the government--and | part of the English Executive to usurp and | er to demand of the Court of King's Bench a sisted by me in the trial of all causes entrusted to 4 5a : SI : y Jaxgs T. Haus. |on the commanding officer, requiring hii fo | how carefully they withheld from it wany refain it. writ of habeas carpus ad subjiciendum di- them. : December 15, 1829. produce the prisoner before a Justice of thé jof the powers belonging to the Executive| The right of the subject to the benefit of | rected to the person detaining him in custo- ¥. P. GREEN, Supreme Court, in order that he may exam- branch of the English government which | the writ of Aabeas corpns, it must bo recols | dy, by which he was enjoined to bring up DRUGGIST. ine into. the legality cf the imprisonment. | were considered as dangerous to the liberty | lected, was one of the great points in con- | the bedy of the prisoner with the warrant of : BELLEFONTE, PA. | the ans of the officer is, that he is author- | of the subject—and conferred (and that in | troversy during the long struggle in England commitment that the court might judge of WHOLESALE AND RETAIN DEALER IN ized by the President to suspend the writ of | clear and specific terms) those powers only | between arbitrary government and free insti- | its sufficiency, and remand fhe pery, Sault discharged him him accord- Drugs, Medicines, Perfumery, Paints, Oils, Var. | habeas corpus at his discretion, and, in the i i i gly | hi i ’ which were deemed essential to secure the | tutions, and must therefore have strongly | him to bail, or isha, Dye-Stufly, Totlet Soaps, rusher, Fale 20 exercise of that discretion, Suspends it in | successful operation of the government. attracted the attention of statestien engaged | ing to the nature of the charge. This writ and Shoulder Braces. Garden Seeds. » this case, and on that ground refases obedi- | He is elected as I have already said, for {in fratfiing & new and, as they supposed, a issued of right, and could not be refused by Customers will find myst ook complete and fresh, | ance to the writ. the brief term of four years, and ie made | freer government than the one which they | the court. It was not to bestow an immu- and all sold at moderate prices. As the case comes before me, therefore, | personally responsible, by impeachment, had thrown off by the Revolution. For from | nity from arbitrary imprisonment, which'is £5" Farmers and Physicians om the councry I understand that the President not only |for mslfeasancein office. He is from neces- | the earliest history of the Common Law, if | abundantly provided forin Magna Charts, are nyited to my stock. the right to suspend the writ of /a- | sit and the nature of his duties, the com- | a person was imprisoned—no matter by what | (if indéed it were not more ancient) that the A. 0, FURST, baas corpus himself, at his discretion. but to | mander-in-chief of the army and navy, and | authority he had & night to the writ of Aa- | statute of Charles 11. was enacted, but to ATTORNEY AT LAW, delegate that discretionary power to a mili- | the militia when called into actual service. | beas corpus to bring the case before the |eut off the abuses by which the government's tary officer, and to leave it to him to defer- | But no appropriation for the support of an | King's Bench : and if no specific offence was | lust of power, and the servile subtlety of BELLBFONTE; PA. x Fay , mino whether he will or will not obey judi= | army can be made by Congress for a longer | charged against him in the warrant of com. {Crown lawyers had impaired so fdndamental LE prostte ja 16 sven! Coys od cial process that may be served upon him. | period than two years, SO that it is in the | mitment he was entitled to be forthwith dis- | a privilege.” ih day % usiness entrusted to/his care ill rece’ vo prompt | - NO official notice has been given to the | power of the succeeding House of Repre- charged : and if an offence was charged | While the value set upon this writ in Eng- aitentidn. Courts of Justice, or to the public by procla- | sentatives to withhold the appropriation for | which was bailable in its character, the court | land has been so great that the removal of OFFICEK—On the North-west corner of the Di- | mation, or otherwise, that the President | its support, and thus disband it, if, in their | was bound to set him at liberty on bail.— | the abuses Which embarrassed its enjoyment md “a 1861. —1y claimed this power, and had used it in the | judgement, the President used, or designed | And the most exciting contests between the | have been looked upon as almost a new Maoh 28, 180 —0Y ee manner stated in the return, And I certainly {to use, it for improper] purposes. And, | Crown and the people of England from the grant of liberty to the subject, it is not to ARE REDUCED. listened to,it with some surprise, for I had | although the militia, when in actual service, | time of Magna Charta were in relation to | be wondered at that the contiruance of the STATES UNION HOTEL, considered it one of those points of consti. | are under his command, the appointment of | the privilege of this writ, and they continued | writ thus made effective should have been 606 & 608 Market Street, above sixth, tutional law upon which there was no differ- | the officers is reserved to the States, asa until the passage of the statute of 31st | the object of the most jealous care. Accord: PHILADELPHIA, PA. ence of opinion, and that it was admitted | security against the use of the military | Oharles 2d, commonly known as the great | ingly, no'power in England short of that of : 6. W. , Proprietor, | on all hands that the privilege of the writ | power for purposes dangerous to the liberties | habeas corpus act. This statute put an_end | Parliament can suspend or authorize the enue EE RY eould not be suspended, except by actof | of the people or the rights of the States. to the struggle, and finally and firmly se- | suspension of the writ of habers corpus: 1 HAUPT, Jr. & CO.. successors to Congress, , So, too, his powers in relation to the civil cured the liberty of the subject, from the} quote again from Blackstone (1 Com., 136): ni Nf When the conspiracy of which Aaron Burr | duties and authority necessarily conferred | usurpation and oppression of the executive | ¢ But the happiness of our Constitution 1s, ® J.D. Harris & Co. tlirer - h y sioker’s Clover Huller, Thats was the head became so formidabie, and was | on him are carefally restricted; as well as branch of the government. It nevertheless | that is not left to the executive power to Patent Iron Beam, Wortz & Side Hill Plow, Cul- so extensively ramified as to justify, in Mr. | those belonging to his military character.—~ | conferred no new right upon the subject, but | determine when the danger of the state is so tivatore, Stoves o Agi kinds, Corn Sellers, | Jefferson’s opinion, the suspension of the |He cannot appoint the ordinary officers of | only secured & right already existing, For | great, as to render this measure expedient. — i Ee OE ai RoseWate: Wire wit, he claimed, on his part, no power to ! the government nor make a treaty with a {although the right could not be justly denied, | It is the Parliament orly or legislative pow- AOINE ght mado and fitted | gugpond i4-—but communicated his opinion | foreign nation, or Indian tribe, without the | there was often no effectual remedy against | er, that whenever it sees proper, can author- 1 to order, ala Castings for Rolling Mills and s | : | ; : : ; Furnaces, work Iorasiatly er ehonios a te Congress, with all the proofs in his posses- | advice and consent of the Senate, and can- | 18 violation. Until the statute of the 13th |ize the Crown by suspendingthe habeas cox- meadsd. sion, in order that Congress might exercise | not appoint even inferior officers, unless he | of William 3d the Judges held their offices | pus tor a short and limited time, to imprison Drellofents, April 28, 1800. Jie discretion upon the subject, and deter- |is i by an act of Congress to do | at the pleasure of the King, and’ the influ. suspected persons without giving any reuson ent of the United States sach power over | nothing more than a copy of a like provision | for the arrest of Mr. Selden. And yet, even | question depends on political considera enacted. Under the impression of this obli gation they give, to all the Courts, the pow- er of awarding writs of habeas corpus.” And again, in page 101: + If at any uime the public safety should require the suspension of the powers vested by this act n the courts of ¢he United States, it is for the Legislature to say so. That tions; on which the Legislature is to decide. Until the Legislature will be expressed, this court Independence. subject, that the delay of the time serving {Can only see its duty, and must obey the aw.’ 1 can add nothing to these clear and em- phatic words of my great predecessor. But the documents before me show that the military authority in this case has gone far beyond the mere suspension of the priv. ilege of the writ of habeas corpus. It has by force of arms, thrust aside the judicial authorities and officers to whom the Consti- tution has confided the power and duty of interpreting and administering the laws, and substituted a military government in its. place, to be administered and executed by military officers. For at the time these pros ceedings were had against John Merryman, the District Judge of Maryland—the Com- missioner appointed under the act of Cops gress—the District Attorney and Marshal— 20 resided in the city of Ballimore, a Few miles only from the home of the prisonef.— Up to that time there had never been the slightest resistance or obstruction tothe process of any conrt or judicial officer of the United States in Maryland, except the mili- tary authority. And ifa military officer; or any other person had reason to believe that the ‘prisoner had committed any, offence against the laws of the United States, it was his duty to give information of the fact, and the evidence to_ support it; to the Dis. trict Attorney ; and it would then have be- come the duty of that officer to bring the matter before the District Judge or Com- missioner, and if there was sufficient legal evidence to justify hig arrest, the Judge or Commissioner would have issued his warrant to the Marshal, to arrest him ; and upon the hearing of the party would have him held to bail, or committed him for trial; accordin to the character of the offence as it appear in the testimony, or would have discharged him immediately, if there was not safficient evidence lo support the aacusation. There was no danger of any obstruction, or resist- ance to the action of the civil authorities, and therefore no reason whatever for the ins terposition of the military. And yet, under these circumstances a military officer, sta- tioned in Pennsylvania, without giving any information to the District Attorney, and without any application td the judicial au- thorities, assumes to himself the judicial power in the District of Marylaml ; undere takes to decide what constitutes the crime of treason or rebellion ; what evidence. (if, indeed, he required any) is sufficient to sup- ‘port the accusation and justify the commit ment ; and commits the party, without having a. hearing even before himself, to close custody in 8 strongly garrisoned fort, to be there held, it would seem, during