Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1861-08-09
VOL. "a. NO. 80.

| his government in that form may we'll be des-
ignated by that name. And should infer,
with good deal of confidence; that the court
meant to speak only of its own powers, aud
not of the privilege of individuals, but for the
| fact that the court ascribes the power to sus-
pend TO the Legislature upon political grounds.
1t says ssthat question depends upon political
considerations, on which the Legislature is to
decide" Now, had supposed that questions
did not belong exclusively to the Legislature,
because they depend upon political coaRidera-
! tions, irasmuch as the President, in bis con-
sttutional snd official duties, is quite as politi-
sal as is the Congress, and has daily occasion
10 the common routine of affairs TO determine
questions upon political considerations alone.
| If by tho phrase the suspension of the PRIV
! ilege OF the writ of habeas corpus, We must
understand repeal of all power to issue the
| writ, then freely admit that none bu; Con
! gress can 60 it, But il we are at liberty to
understand the phrase TO meau, that in case
| of great and dangerous rebellion, like tho
present, the public safety requires the arrest
and confinement of persous implicated in that
rebellion, | as freely declare the opinion, thas
the President has lawful power to suspend the
privilege of persons arrested under such cir
cumstanccs. For he is especially charged by
the Constitution With the s'public safety" AID
he is The sole judge. Of the emergency which
requires hiE prompt action.
This power III the President is no part Of
bis ordinary duty 10 time o. peace; it is lem,
porary and exceptional, and was intended only
to meet pressing emergency, when tho Judi
ciarg is found to be too weak 10 insure the
public safety-when lin tie language os the
act Of Congressl there are ''comoIaations too
powerful to be suppressed by the ordinary
course Of judicial proceedings, or by the pow
ers vested in the marshals." Theu, aud not
I'll then, has b the lawful authority to call to
his aid the military power of the nation, and
with that power perform bis great legal and
constitutional duty to suppress the lasarreos
tion. Aud shall it be said that when he has
fought and captured the insurgent army, aEd
has seized their secret spies and emissaries,
be is bound to bring their bodies before any
judge who may send him writ of habeas cor
pus, s'to DO, submit TO aud receive whatsoever
the said Judge shall consider in that behalf?"
deny that he is under any obligation to obey
such writ, issued under such eircumst ances.-
And in my making this denial do but foliow the
highest Judicial authority OF the nation. In the
case Of Luther VS.. Borden Commonly called the
Rhode Island case) reported in Howard, page /,
the Supreme Court discussed several Of the most
important topics treated of in this opinion, and
among them the powe of the President alone 70
decide whether the exigtncy exists authorizing
him to cali out tAe militia under the act of 1895.
The court affirmed the power of the President in
that respect, aud denied the power of the court to
examine and adjudge his proceedings. The opinon
of the court, delivered by the learned Chief Justice
Taney declares that if the court had had that now
eT, ssthsn it would become the duty of the court
(proyiied that it came to the conclusion that the
President had decided Incorrectly to discharge
those who arrested or detained by the troops
in the service of the United States, or the Gov
ernment which the President en6eavoriHg to
maintain. If (says that learned court) the ia-
dicial power extends far, the guarantee contain
ed in the Constitution of the United States (mean-
Ing, of course, protection against nSurrection) is
guarantee of anarchy and not of order'' ,,
Whatever have said about the suspension of
the privilege of the writ of habeas corpus has been
said in Difference to the opinions of Others and not
because myself though. it necessary to treat of
that subject at all in reference to the present pos
ture of our national affrs. For, not doubling the
power Of the President to capture and hold by force
insurgents in open against the Government,
and to arrest and imprison their suspected accom-
plices, never thought of first suspending the writ
of habeas corpus any more than L thought Of first
suspending the writ of repeyin before sezing arms
and munitions destined for the enemy.
The power to do these things is in the hand of
the President, placed there by the Constitution and
the statute law sacred trust, be used by him
in his best discretion in the performance OF his
great first duty-to preserve, protect and defend
the Constitution And for any breach of that trust
he is responsible before the eh court of impeach-
ment, and before no other human tribunal.
The powers of the President falling within this
general class have been several times considered
by the Judiciary, and have, believe, been uniform
ly sustained without, materially varying from the
doctrines laid down in this opinion. content my
self with simple reference to the cases without
encumberng this document, already too long, with
copious extracts. (Phe Rhode Island case, How
ard, page ! Fleming VS.. Page, Howard, page
6l5i Cross VS.. Harrison, Is Howard, page l89
the Santissima Trinidad, Wheaton, page 305;
Martin VS.. Mott Il Wheaton, page 29.)
To my mind it is not very important whether
call particular power exercised by the President
a peace power power, for undoubtedly, he
is armed with both. He is the chief civil magis-
trate Of the nation and being such and because he
is such, he is the constitutional cemmander-in-
Chief of the army and navy and thus within the
limits of the Constitution, he rules in peace and
commands in war, and at this moment he is in the
full exercise of all the functions belonging both
those characters. The civil Administration is still
going on In its peaceful course, and yet we in
the midst of war-a war in which the enemy is, for
the present, dominant in many States, and has his
secret allies and accomplices scattered through
many other States which are still loyal and true.-
A war all the more dangerous, and more needing
jealous vigilance and prompt action, because it is
an interneche and not international war.
This, Sir, is my opinion the result of my best
reflections upon the questions propounded by you.
Such ais ii H. it is submitted with all possible re-
speet, by your obedent servant,
EDWARD BATES, Att'y-General.
asa man atipples,' ha generally grows