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CINCINNATI DAILY ♦ GAZETTEMenrman Habeas Corpus Case— Decision of Judge Taney.ie following extract from the opinion ofe Taney gives his constitutional and legalnent. The remainder is devoted chieflytations from English decisions 0Y1 thision, all of which refer to cases where the ion was simply as to the suspension or re-to obey the writ without any condition of or pretense of martial law, or of public er requiring martial law:ie clause in tbe Constitution, which au-zes the suspension of the privilege of the of habeas corpus, is in the 9th section of iret article.lis article is devoted to the legislative decent of the United States, and has not the test reference to the Executive depart-. It begins by providing “that all legis-i powers therein granted shall be vested Congress of the United States, which shall st of a Senate and Houle of Representa-And after prescribing the manner in a these two branches of the legislative decent shall be chosen, it proceeds to enu-te specifically the legislative powers i it thereby grants, and legislative powers l it expressly prohibits, and, at the cou-n of this specification, a clause is inserted g Congress “ the power to make all laws ;i may be necessary and proper for carry-[ito execution the foregoing powers, and her powers vested by this Constitution in Government of the United States or in any rtment or ofliee thereof. ie power of legislation granted by tliis lat-lause is by its words carefully confined to pecific objects before enumerated. But lis limitation was unavoidably somewhat inite, it was deemed necessary to guardLAW REPORT.COMMON PLEAS.Civil Busnns*.—Mary Jane Roberts vs. John Roberts. Petition for divorce. After hearing the evidence, Judge Collins remarked that #o far as the Court could see the parties had very little to quarrel about and were both at fault; she in running in debt for goods against bis wishes, and he in punishing her for it by banishing her son by a former marriage from the table. The petitioner, however, made out a case against him according to the letter of the statute in proving that on one occasion he put her out of the house; although this occurred after they had been living separately nearly two years by agreement, and the Court was not without suspicion that she had gone to his house for the purpose of being put out, thus to make a ground for divorce. There was nothing to establish this, however, conclusively, and as each appeared irreconcilable, and they had lived apart for two years, the Court would allow the benefit of the doubt und grant a decree. Alimony, $425. Van Hamm for petitioner; Snow, contra.Patrick McCormick vs. Margaret McCor mick. The petitioner asked for a divorce on the ground of intemperate habits of his wife. The parties were married in Ireland in 1851. There was some evidence that petitioner drank himself, but it was alleged lie excused himselfby attributing the act to domestic annoyances. Case under advisement.litFORE Judge Mallon.—In room No. 1, a sealed verdict was returned in the case of Robert Creighton vs. Thomas and Charlotte Crv, in favor of plaintiff—damages $131 35.Nto. 3 was kept open for the purpose of swearing Grand Jury witnesses. About one hundred have been sworn.PROBATE COURT.MORN IN®MILITARY MATTERS.SWOHD PSESEYTATTO*.f The private parlors of the St. Nicholas Were thrown open last evening to the friends ef Lieutenant Nicholas Lacey of Company L,Montgomery Regiment, who assembled for the purpose of presenting the worthy Lieutenant with a beautiful regulation sword, sash and belt. Mr. Mathew E. Quinn presented the sword in the following remarks:Lieutekaxt Lacey: I am deputed to present you, in behalf of your friends here assembled, this testimonial of friendship and token of the value which they who have known you long and I think thoroughly, have placed on your patriotic devotion to country, honesty of purpose, and high sense of honor, qualities never failing to endear, and which invariably find a response in the hearts of all true men.The bonds of peace with trans atlantic nations still unbroken, we have business prostrated, boats lie idly moored at our wharves, our manufactories change to drill-rooms, our warehouses to arsenals, our streets resounding not with the hum of business but of martial music and the measured tread of armed men.Some of our Southern brethren have with sacrilegious hand assailed the temple of Liberty and are seeking to overthrow this, the most liberal form of government known in the history of nations. But no matter how deplorable or how unjust may have been the causes which have inaugurated this fraternal strife, still our course is well defined; we must and will uphold our Government, and protect from insult the Hag to which we owe allegiance, next only to God, for to us its stars are not less brilliant now than when under its proud folds our ancestors prostrated the Lion of Great Britain at their feet and consecrated it with their blood asJUNE 16, 1861.City Council—Proceedings Last Night.The Council met at 8 o’clock—Judge War-ren in the Chair.Minutes read and approved.'mmojw axd REsoirrroYs.Mr. Eggleston presented a jommnnication from Miles Greenwood, infoiping the Council that Messrs. Dexter and Satgent had declined to serve on the Soup House Committee, and suggesting that Messrs. Keck and Geoffroy be substituted in their places.On motion of Mr. Eggleston, the suggestion of Mr. Greenwood was adopted.On motion, the City Clerk was directed to cause the Council Chamber to be draped in mourning for the space of thirty days, in token of resjiect to the memory of Hon. S. A. Douglas, deceased.A communication was received, asking that the sewer at the comer of Central Avenue and Betts streets be cleaned out. On motion, the Board of City Improvements was instructed to liave the said sewer repaired and cleaned. vThat the Mayor be instructed to grant a license to Mr. Collins, to peddle in the public msirkets. Referred to Committee on License.Mr. Weasner presented the resignation of Mr. Richards, from the Eleventh Ward. No action was taken.Mr. Bean presented an ordinance for .the appointment of Hay Weigher and Wood Measurer. Ordinance read first and second time. Rules suspended and read a third time, and passed.That the Board of City Improvements cause the sewer at the northwest corner of Ninth and Main streets, to lie cleaned and repaired. Adopted.RErORTS OF OFFICERS.A communication was received from the City Solicitor, notifying the Council ofanura-
Newspaper Details
Cincinnati Daily Gazette
Cincinnati, Ohio, US
Thu, Jun 06, 1861
Page 3
Full Page
Clipped by
Cincinnati A.
OH, USA 12 Mar 2024
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