The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-08

! limited time, not exceeding twelve months. Some mem
hsrs (Mr. Rutcdge among them) stated that the com
mtee purposey omitted the subject because they
for declaring the habeas corpus invioate Finally, the
phraseology Of Mr. Gouverncur Morris bcing that
the constituton) adopted; New Hampshire Massa-
chusots, Connecticut Pennsylvania, Delaware Maryland
Except Luther Martini decgate and Virginia voting in
the Affirmative; North Carolina, South Carolina (except
Mr. Pnckney) and Georgia in tho negative Thus SO.
cesson State (south Caroina) proposed and Union
state (New York; carried through her citizen Geuyer-
neur Morris, the section in question. Judge Sumner, Of
Massachusetts, in l7ss gave the best exposition Of the
phraseology He said, in tho Massachusetts, Constitutional
Convention hat the privilege the writ is essential TO
freedoms and therefore the power suspend il is restrict
ed On the other hand, the State might be Involved in
danger The worst enemy may lay plans TO destroy u.s.
and 50 artfuy as to prevent any evidence against him.
and might ruin the country, without the power sus-
pend the writ as thus gvcnn
Who shall exercise the power of suspension? is in
terestng and much mooted question II will be readily
remembered that Judge fancy in the baltimore case
denied the right 10 the President Senator Sherman
republican, from Ohio, ana tho Hclpcr anlidac for
speaker in 1850 appeared to agree with Judge fancy
during recent Senatorial dbtc. Practically the Prcsi
dent seems to acquesce in the law Of the Chief Justice
10 leave suspension 10 tno discretion
aa. in TIE hands Of the military authorities who disobey
the writ al the risk Of actions false imprisonment and
damages. This is under the maxim The safety Of the
people the supreme law The word spfvlege Is an
important it applies the common law writ as wen
any statutory one. sRcbclon and invasion are so
cancnty matters Of national concern tLat charged
Congress with the duty Of preserving the United States
rom both these evils, il Is iii that it should possess the
power to mike eiecinn such measures it may deem
'xpedl to adopt for their suppression
The power Of suspension has been exercised by
togEess. In 1897 CHE era of the Burr treas NJ the
cate suspended the w but the House never concurrcd
The bill OF the senate suspended the writ three months
and was introduced and passed recommendation OF the
Pr slent who in his sage informed Congress tina
'one OF the principal emiss res of Mr. Burr - whom
General Wilkinson had caused 10 be apprehended had
been liberated by haheas corpus The passed the
Suspension BIZ unanimously, but The House voted If3
- TO reject-a curious disparity or sentiments.
The gislature Of Massachuset during hays rebel
iion passed iaw suspcndns the writ from November
1855 TO July, 1887 The legislature OF louisiana in Sla
debated the propricy OF such step when General Pack
eniiafn's army marching On the ocean wavc'' Ia
New Orleans. While they debated Genera ia,kson
acted. IL laid the city under martial law Martial law
is the Substitution OF the arbitrary will and abso
lutte discretion Of the military comman Ter in. chiei
IN place OF the written law and legal custom
Of The locality affected by the suspension. II has been
held By high authority that proclamation of martial law
necessarily s,spends the Issue Of the writ The Judgc Of
The United States District Court Of Louisiana however,
thought otherwise; and when Jackson Monsieur
Lonaicr, creole member of the legislature, for
alleged ac Of mstiny this Judge Judge iIa) an,ed
Inn wit Of habeas corpus GA Hickory then arrested
the Jadgc and put his ernne under protection of boyo
nets beyond the city limits Whom Judge Hal again hed
clur lie imposed nre of thousand d, liars upon Jack
SON who paid i in the court room. For many years il
viii be remembered the friends OF the General had bill
before Congress RENTING and repnying the tine with
tercst The wings fought it with partisan ohstiiacy
! but about the time Of the Texas difficulty John
| slidcl then il the Hose OF Representatives a,
Washington, by his inccssaGt cxertion, hal tn, law
passed. 1t would be curious 10 rcproduce The speech
M de on the ref hiding Of this line by this mln sltc
q brother III !aw OF Bcapregard aad sility plottua
traitor lis observations the Cd Of the strcug arm
dui i:g pcro.s times to the rcpbic coiId 10 uscd IL
part % answer the attacks o. h.s ead EgcckHyiige up
on Prcsl lent Lincoln for aliagel usurpatioas
No wrs OF habeas corps d sequence, beyond III,
apde 10 before Chief Justice laucy havr been a.
yet, moved for. Nj tho cynnent aHycrs Of tho Uni
seem On TIL side o. strong law In pealin; be.or,
Judge Bets, that s,cr,iag Judge (wlosa SCI
is Lieutenant Colonel o. the Hawkins luuayes
| s,bmttci 10 tine retura Of Colonel Burke ii
Foct lafayette, rep0sng hi refusal 10 produce pr
upon military authority. county judge across
the river (whos pnser 10 hear thc writ has .en ver
considerably ,estiuned Gnes III noe constitution ana
appicabis tils.eipl ualertt ok attach Colonel
Br<e 3r similar return itsca ~ following the pea
ced nj of lis higher Judge (Which he might have done
with perfect saeiy). Bat u, Colon not having an
equal attachment II scatn behind lis irowa.
in, cgns.
BY ~ light ef the foregoing seminary DER readers
hereafter, sl1aa QlcstiuaS rt:i estug hbcas corpus
publicly !sc, viii be able 70 view thcm wi.a na3fe ia
lercat.