The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-05-31

the troops in transit; through territory or quartered
among and patti nty and acefully
vindicatun 9" the right.
Rssored That under existing circumstances it is mex.
peiient to call Sovereign Convention of the State at
this time to take any measures for tie immediate or
gani2atOn or arming Of the militia
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The National IaieVigcHccr, of Yesterday, contains
an article Of two columns upon ''the writ Of letters
"corpus," the principal object ofwhch is to create
doubt if possible, in favor Of The RIGHT Of the
executive and military authorities Of the United
States 10 suspend the hqLcaS coTpus, Whenever in
their Judgment, ''public necessity demands ii !"
Lest, however, lis readers should find il difficult
to reconcile such doctrine with the received
ideas of free constitutional government the h.
telyencr makes an effort to satisfy them that, at
all events, it may sometimes be proper the Presi-
dent should exercise the power, whether he las
the right to do s. or not. To common minds, mol
enlightened by 50 close proximity as that of The
lat3iiGen.0 to the sources OF executive nlumiua
ton, the latter proposition seems rather tie worse
Of the tive. The AteYiqcacer nevertheless an
aoances it in the following 7ery uncqnivoca Ian
guage:
II IL De ruled that Congress alone is empowered "a
suspend the privilege Of this writ ana if rebellion be
Migrant while Congress is in session. it might uub
less become the duty Of the Executive acting under an
mperious puzzle necessity to take the responsibility
exercising this high prerogatiye.'
BY way Of dulcifying the matter, however, il
adds:
For such an assumption II would doubtless in is.jce
TO hmseT be prepared to render the repre-
senatives Of the people, and IT, statement of the con
sdcrhtonS in virtue of which lie acted it should appear
NJ RAJ .4fr
nary step he would doubtless he acquitted of any vol
un'ary Infringement of the Constitution and laws"
What is 10 he done, 'n justice" to the ur-
happy individuals who may be the sufferers, in
the event that Congress should convict, instead Of
acqait'ing, the President, our contemporary does
not favor us by suggesting. Sill less does il III
dictate the proper remedy, in case the President
should deem it an itnrcrious public neccssty''
TO close the halls Of Congress, rs well rs the
courts, and indulge the 'hgh plerogative,- Of eys
ercisug in his person. the legislative as well
as Tn" Judicial functions of the Government. Com
mon reason must demonstrate that if ''necessity''
can Justify the subyerson Of the Constitution. in
one particular, the same 'inecessity'' must equally
JUSTLY subvertng ii in any other; and that If tie
Elk cutlve is tie IishJful Judge of the existence Of
such NECESSITY" in one case, he must tie equally
emitted to Jndg Of its existence in all The suspcn-
sion OF the hajeds corpus is not merely an ntelter
ence with a judicial function but is a temporary
repeal Of the act of Cong.css under which the
writ is issued by the Coarts. The President,
therefore in suspendng it, is, in fact, legisatng
Tor the land, which, under the Constitution. is the
exclusive prcrogatlve OF Congress. If he can do
that, under the Justification OF any NECESSITY. .,
actual or pretended there is no limit 10 his power
or, indeed, as the IateLtgenccr words it, to CHS
duty" to legislate or suspend legislation
except the limit which his arbitrary discretion
may set to his ideas Of public cxi2cncy. is no
answer, to say that this is reasoning from extreme
cases. The instant we are plunged into the sea of
arbitrary power, the deYth to which we may be
sunk, Is 4 mere question Of accident or tine. No
case OF usurpatlon can be more extreme than
another, in principle, how much more aggravated
soever it may be in degree Once concele that
the President OF the United States, at any Time or
under any circumstances, has right to violate, or
suspend, or override the Constitution. or drao the
c'tiz n, BY force from beneath its ;egis. and there
Is an end Of the difference between constitutional
and an arbitrary Government If "necessity" is
once recognized rs JUSTLY ing usurp,tion, there
never will be an end to usurpation or a lack Of
NECESSITY"
Bat all these considerations and discussions, It
Seems TO US, are put at rest By the authoritative
decision of the Chief Justice Of the United States
reported by the IRtdiigencer ITSELF in the same
issue with the article 10 which we refer. The
language of that decision admits Of neither mis-
apprehension nor perversion We reDcat il. 50 tba,
it may not be forgotten
l. The President, under The Constitution and law, If
The United States suspend the privilege Of Tho
WITT OF AatedS coTHS authorize any military ofrer
TO do ' 'e'
2 military officer has no right to arrest and datain
person, not subject the and articles If war for
an offence against the laws Of the United States exc4
IN aa OF me Judicial authority ard subject to its control
anu te party Is arrested by the military it is the duty
OF the officer to deliver him Immediately to the civil
authority' to be dealt with according to law
In delivering this clear and manly Judgment
Chief Justice fancy but reiterated and gave new
authority to the equally express determination OF
the august tribunal of which lie is the head. mo-
nounced hy his predecessor, the iliustrious Man
SHALL more than fifty years ago. off at any
'tme," said that great Judge, '4he ,,ul3ic sqt,t,
"shou3d require the suspension Of the lorers sesird
'by this (the haJcas corpus) act in tie Courts Of
'the Lnjted States Il is for the Legislature 10 San
$50. Tint question depends on political coasidera
't'ons, on ~hich tie Legislature is to deci3e Until
the legislative ,eU be expressed, tbs Court can only
'see us duty and must ojey tie lars" zen parle
Bollman and Swartwout, Cranch, Isl Our
contemporary of the LatelIigcncr aludes to the
cases of Boliman and Swartwout as an Illustration
of its side of the argument. Why is it uncandid
enough 10 conceal the fact that in these very cases
the Supreme Court had forever settled the ques-
ton. which the LlteJjigencer is still assisting the
Administration to put in doubt? Why does the
1"'e'''ge"ce' quote passage from Judge SToRY's
commentaries on the Constitution, as Indicating
no dehnllve opinion upon the subject of the
exclusive right of Congress 10 susnend tho L,5ooe
corpus, when it was impossible for the wr;,or of
the article to have read the chapter from which
his extract was taken, without seeine that i
treats the whole subject under the head of s.tbe
powers of Congress, and does not suggest, d.
rectIy or indirectly, the remotes connection of the
habeas corpus with the functions of the Executive?
Is painful TO witness the progress of subserviency
keeping pace SO steadily with the progress of usur-
p"''on' Most conspicuous and melancholy, among
Tue evidences OF public decentralization, is the de-
par'ure from quarters-where it ought to linger
longest-ot that high spirit of freedom and manly
eenso'ity to the encroachments of power, which
was once the boast of our people, and without
winch no people on earth can long continue 10 be
Tree, or Tor moment deserves 10 be SO.
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