The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1861-11-01
From the Milwaukee Press and News.
The Letter of Secretary Seward.

In his reply to Lord Lyons, the Seore. |
tary of Safe asserts that the President of
the United States has the power to sus>
pend the writ of habeos corpus-"the
great writ of freedom"-whenever and
wheresoever, and ir whatsoever extent the
public safety, in his individual judgment.
requires.
We are not disposed at this peculiar
time to be at all factious upon this or any
other question pertaining to the preroga
tives of the executive department in its
attempts to suppress rebellion. So long
as no actual and general evil results from
the assumption of unconstitutional powers
on the part of the President, we cheerfully
yield to the exigencies Of the occasion,
believing that the people possess the NEAR
of defending themselves from ali perman-
ent encroachments upon their liberties,
and that the officers of the government
will hereafter, in more suspicious sea-
son, be held strictly accountable for their
stewardship, not only by judicial authori-
ties. but at the bar Of public opinion.
1t Is well, however, to keep IT. full
view the ancient landmarks of the Con-
stitution and it is for this reason that
we dissent from the broad assumption o.
unlimited power asserted for the Execu-
tive by Mr.. Seward. The duties of the
President are defined by the Constitution
and in the execution of his trust, he is
as much bound by the restraints of the
law, and by its judicial interpretations. as
the humblest citizen and this is as true
in a time of war as in time of peace
A state of war; or of rebellion, indeed im>
poses upon the President extraordinary
duties and the exercise of unusual powers
consequent upon the imminent danger
but his duties and powers in such cases
are as equally we'll defined as in other ca
ses. lie is at all times the instrument of
the Constitution and the laws, and always
subject to them-never superior to them,
in any contingency. He cannot suspend
the Constitution not even to save the ma
tional life; for, such suspension is in it
self an assault upon the national life
lie cannot exercise power Independent
ly of the rule of law, at his individual
discretion; for if so, he is himself the gov
eminent, and his individual will the source
of all power in both peace and war,
The right to suspend the writ Of ha6eas
corpus is not among the absolute powers
conferred upon the President by the con-
stitution. 1t is not left to his Individual
discretion to determine when the danger
of the State is SO great as to render this
measure expedent. The possession of
such discretion would make him the abb
solute albter Of our political destinies.-
Even the British crown possesses no such
dangerous prerogative-not even in case
Of rebellion or insureection. The chief
md most palpable purpose of the writ or
iginaly, was 10 protect freemen from I'M
just arrest and confinement in a time of
popular discomfort. "No freemen shall
be taken or imprisoned X unless by
the legal judgment of his peers, or by
the law of the land" was the demand of
the barons of England more than six hun
bred years ago, at Runnemede, and that
was a time of rebellion. The view that
the legislative power alone is the Judge of
the exigency demanding the suspension
of this writ, is maintained alike in all
English and American decisions entitled
to credit as authority. This is the as
sersion of Blackstone, Bowler SAYS, in
his Institutes whether this writ ought
to be suspended depends on political con
sideratons, of which the Legislature is to
decide" Judge Story says the same
So does Chief Justice Marshal. In 1907
when treason threatened the disember>
ment of the Union-Congress claimed to
| coll bo Il
fused to confer upon Jefferson the power
now exercised. Conkling's Treatise on
the Jurisdiction of the Supreme Court
declares tho same view. Hume and Ma
cauev, in their Histories, both distinctly
urged the same understanding of the prop
er relations Of The writ to executive power.
In the late extra session of Congress there
were many Republicans who refused to
assent to this unlimited claim on the part
of the President-among them John Sher-
man, Of Ohio. Judge Belts, of New
York few weeks since declined to grant
the writ simply upon confession that he
could not command the adequate force.
Nearly all, if rot quite all, the Courts be
fore which the question has been presented
| tle present. y ear, nave VlItuhlly agreed IN
the opinion of Judge fancy, delivered at
Baltimore last May. to the same effect.
Many concede to the President the right
to suspend the writ in question, upon the
ground that he is the COMMANDMENT Chief
and therefore, as such, may legally enforce
matte law and consequent suspension of
the civil power. But even martial law
has other limits in its operation than the
mere arbitrary will Of the commander in
chief Professor Parker, of Cambridge,
within few days, has declared what all
Ijurists will concede 70 be true-that Meth
er the President nor Congress can const-
tutionalv proclaim or authorize martial
law dependent in its character upon the
mere individual will of the Commander in
Chief. The proclaim alton ftbat law insti-
tutes temporary military government
which must be administered according to
The usages Of war. Il is confined in It's
operations within the scope Of active mill
tary operation. 1t suspends the civil pow-
er only so far as such suspension is dictat
ed by paramount necessity. Under pres
49,