New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-07-30

bodies before any Judge who may send hia wlt OF
hal cas- corpus 20 DO submit to and receive whaIso-
ever the said Judge shall consider inilat behalf
dery that be j. under any ObiigatI0n 10 obey sheh
a writ issred under such tanceI. And ~ max
inc this denial DO hui follow the highest judicial ai'
thor,y Of The nation la the case OF Luther W. nor
den conno IL called the Rhode lsard easel repoiicu
I'm Howo.d age the Supreme Cont Oh cussod sew
oral Of tie most important topics treated OF IN this
OF inion and among them the power OF the Tresheht
alone decide whether the eXg ney exists
him 70 call ont the militia under The act OF 30; lne
CONT affirmed The power of the President IA that re-
sweet and denied the power Of the court 10 eN1El9e
and adiudge his proceedings. lie ophlOh W tne
CONT delivered by be learned Chief Justice larey,
decafcs that if tLc court baG had that power; lneA
would become the duty Of the court proylded ma, y
came 10 l-tonclusiOn that the President had decided
incorrectly TO discharge tho.e vino were a,fesfa "a
detained by The troops in the seryi'e o. me uHtel
sa,es tie Government which the President was en-
deayOIinP 70 ma niain If says that I.afItd couf'i
the judicial power extends so far the guarantee con-
tanned IN The Constitution Of the United states mean
Jog, Of con1e, protection against lnsurrcctiOD Is
guarantee of anarchy ana not Of order"
Whatever have said about the suspension OF the
privilege Of The writ Of babeas corpus has been said IN
delcence the opinions of others ard not because
my eff thought it necessary to treat OF that subject at
all in reference TO the present posture Of our national
tarf. For not doubling the power OF the President
10 capture and hold by force insurgents IN open arms
sgainst the Government, and TO arrest and lmpris0n
their suspected accomph ts, never thought Of Int
susIeuding the writ Of habeas corpus any more tnan
ih)0glt OF first suspendirg the writ OF TepleVln, De-
70 sezing arms munt destined tor the enemy
Tie power 10 do these things ig in the bard OF the
President, placed there by the Constitution and tie
salut- law sacred trust 20 be used by him IN hls
bes; discretion in the performance OF bls great hrst
dutyO preserve, protect ard defend the Coaslt llon
And for any breach of that trust he Is espoDsbe be-
fore the high court Of impeachment, and before 10
other human tribunal.
The powers Of the President falling within this
OpY,o rUl al lava
tho Judiciary and have believe, been uniformly sus-
tai1ed, Without materially varying from The doctrines
laid down il this opinion. / content myself vi b a
simple reference to the without eucnnbeng ms
document already too long, with cOPous extracts.
Tie Rhode lslaid case,7 Howard, page !; Fleming
Va Page Howard, PAGE 6l5; Gross vs. Harrison, 10
Howard Page lS9; TIE Santiseima Trinidad, I NheG-
ton rage 800; Martin Vs. Mott, IL Wheaton, page ~
To my mind il il not very important whether we
call particular power exercised by the President
pea C power war power, for, undoubtedly, be Is
armed with both. lie is the chief civil magistrate OF
the alton, and being SUCH end because be 1s SUCH ne
is tie constitutional cOmmandeI.lI-chle OF the amy
ard navy; snd thus within the limits Of the Consti-
tuou lie rnles in peace snd commands in war, and at
this mOlCu he il the foil exercise Of all the uuc-
tiOns belonging 10 both those character. The owl
administration is ft goog in lis peaceful course,
aud yet we are in the midst OF was--a war IN which
tie ey is for the present dominant In many States,
and has his secret lilies and accompGces scattered
through many other States which are sill loyal and
true. war all The more dangerous, and more need
ing Jealous vigilance and prompt action, because II Ii
an lite uetine and not m international war.
This Sir is my opinion the result of my best refec-
tons upon the questions propounded by you. Such as
Il is it Is submitted with all possible respect, by your
obedient servant, EDWARD BATES, Atty-General.