East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1861-11-05
Suspension of the Writ OF Habeas
COrDus.

has s0 far overcome his constitutional
seruples as to suspend the privilege OF
the writ of Aa6sas corpus, by which su
prene and district courts have constantly
harasscd the military operations of the
government. This suspension is expressly |
authorized by the constitution in case Of
rebellion or insnrrection. The President
ought to go step further, proclaim mar
tial law fully in the District of Columbia,
aud arrest and imprison the reasonable
Judges who are constantly prostituting
their judicial functions to the purpose OF
giving aid and comfort to rho traitors,
aud really trying to subvert the govern /
ment and constitution they are sworn to
uphold. We do not believe the powers
Of the supreme court are so extensive
that they can justify their own and others
treason. If such an unlimited power of
construction is given them, then we might
rs well admit that we have an absolute
and irresponsible despotism in the hands
of the judges.-EHtUpriss
We are free to say that we have great
confidence in the honesty, integrity and
good judgment Of President LINCOLN, far
more, Judging from the tone Of editorials
which have lately appeared in the columns
of our contemporary, than has the Enter
prise editor himself. We believe it is his
purpose to administer the Government in
conformity with the constitution and laws,
acting as President of the United States,
TO which position he was elected rather
than as the tool of faction, as is desired
of him by the horde Of abolition fanatics
whose ill,judgcd interference since the
commencement Of the war has been the
cause Of nearly all the disasters to the
Federal arms. We are not, however,
willing to admit that any such powers
are granted him as are indicated in the
above paragraph. As early as in June
last mastery article touching upon the
very points made by our contemporary,
though perhaps not under the same cir.
cumstances, appeared in the columns OF
the Boston Post, a democratic sheet, and
an ardent supporter of the Government,
and SO clearly does it confutc the PROPOSE
tons above advanced, that we give it in
full, as what we consider to be unanswer
able rcjonder to the mischievous and
dangerous doctrines therein promulgated
" The President has pOcer, as the military
head Of the eOEatry, to declare martial lac. u
This assertion has been made by gen.
tleman Of distinction as lawyer, and in
its unlimited form Of expression it fur.
nishes another Of the remarkable evil
dences Of the times, that in our zeal to
preserve the Constitution we are in dan.
ger of undermining constitutional Gov.
eminent. To escape anarchy we arc in
danger Of demanding despotsm.
1t would be startling to put the propo.
sition in ordinary times, that the Presi.
dent of the United States is more of a
military despot than the King of Great
Britain; and yet he is so if he can sus.
pend tho habeas corpus or declare martial
law--for in that Kingdom the Bill of Pc
titions, in the reign of Charles l., abol.
ished martial law, and in the reign OF
Charles III. the power to suspend the
civil laws was taken from the King and
reserved by Parliament only, as legisla
tive power and not royal prerogative
And Blackstone well says Il. 1851 eff j,
were left in the power of the highest
magistrate to imprison whomever he OF
his officers thought proper, there would
soon be an end of all rights and immuni
ties" Thus, in the mild administration
Of Cardinal Feury, in France, $4,000
persons were seized and imprisoned in the
Bastilc without law, under the "lettres d
edchet," which was the same despotic pow
or in France as would be the suspension
OF the habeas corpus or declaring MARTA
law in England or the United States.
II, therefore, the power to declare Mar
tial Law is claimed for tho President o
the United States, it is manifest that i
cannot be derived from the Common Law
of England. If it is anywhere, it mus
be in the Constitution. But no sucl
power is given to the President of til,
United States in the Constitution. Al
his powers are defined therein, and moth
ing is given him which is not there speci
fed by the term "the President shall hsv,
power" &c. Martial law is not named
in the Constitution, and Congress only
and not the President, has power to sus
pend the writ of hsbeas corpus, when il
the case Of rebellion or invasion the pub
lie safety may require it, of which Con
gress alone is to Judge. Moreover, TIL
President is required ''to take care tina
the la,cs be faithfully executed" and thi
is utterly incompatible with his declaring
Martial Law; for Blackstone, quoting 81
Mathew Hale, defines martial law TO b.
"the suppression of al ldws." How ther
can the President take care to faithful,
execute the laws by abolishing all civil
laws, and all process of the Judiciary?
The only possible ground for the asser
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