New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-26
FORT LARAYETTE-MA CORPUS

FORT LARAYETTE-HABK CORPUS.
The Hon. Sins n. Stilwe Of our city has written
a letter TO Attorney General Bates on the power
TO suspend the writ Of hsbess corpus which (he
maiutans) resides, not in Congress, but IN the
President alone, if we may not rather say 10 the
authors of that invasion or rebellion which af.
fords the only warrant for such suspension. When
the Federal Constitution says, "The privilege of
- the writ of habeas corpus shall not be aus
pended except in case Of rebellion or inva-
" siou," Mr. SHlwell understands that
"Tho privilege Of the writ is suspended by an at
of rebellion. No power but the people dsstroy
this writ and bu, rebellion OF inv aston can
,uspesd il. NO0ct Of Congress nor act OF tie Pr,
dent but dcs Of Rebels end II. Ia other wod',
40 act Of rebellion cepri'ss the Rcbeii of the privilege
OF the witt snc the wit 70 suspended pro fohf0.
In still other words The President, IN hs ca
pacity of Commander. Chief Of the Army and
Navy, expressly and exclusively sworn to 'pre-
serve, protect, aud defend tho Constitution Of
the United States" has official right to ar
rest and keep safely those who are conspiring TO
overthrow that Constitutions and 90
nIf during the esisten,s Of rebellion, The witt Of
babeas corpus s applied for tie Judge should answer,
have no authority TO grant u 80 long IN re eloh
and ~ IOuTt silu issue VIII llto ltE"
sou holding the priser should suswer Rehvllion ex-
iSts ana h1ia .,'g P'i. 7; ~ pr..dtn, honj al
spt TO make rrests when rebellion does nos actually
a. and rhould disregard tie privilege OF tho VIII OF
40 as corpus the fact being legally eslaished would
suffice him 10 Impeachment by the House OIL heP'e-
seDtatIvcs.
Mr.. s. does not Of course mean TO ray that
Judge has no right to grant writ OF ha'es'
corpus during tbs existence OF rebellion bot
only that he has no right ~ Issue 1t IN behalf OF
one whom the President has caused to be ar
rested az n rebol or, If he has, the ilet OF such
.rrsst ia a conclusive answer 20 the writ.
| more perfect answer would therefore seem to be:
| "a formidable rebel on or inyssioDl now
/" threatens tho life Of the Republic; tie Prtsi-
" dent has caused this person 10 be arrested sud
| :, imprisoned as 4 dangerous public eDemyi and
! :" here ia his warrant thereior'-and the prodic-
| ton Of sueh warrant (thO existence Of r,bcl on
or invasion being und sputed) should be held by
auy loyal Judge Il conclusive answer to the writ
of habea, corpus, II not reason for refusing TO
issue il.
This seems to us pretty sound doctrine; and
vet we could wish that the incarceration OF AIS
pected traitors had been preceded, except In c:ses
of extreme urgency, by the proclamation OF mar
tial law in the state or military district wherein
they respectively are found. If John c. Bresl-
inridge, for example, had been arrested when no
made his treason-incitiDg speech at BatimGe.
We bold that arrest would have been perfectly
justified in tho eyes Of all loyal, reasonable neni
but, in order that he might be held without Ar
raignment, and transferred to a secure prison ID
some thoroughly loyal State, VIC think the poe
lsmation of martial law in Maryland proper
if not essential, prerequisite. For IL is clearly
admitted, in Mr. StilwoIl's rs in all other die
cussions Of the subject, that the right to arrest
and impriton indefinitely, without judicial war.
rant or inquiry, is based on tho existence Of q
grave pubic eIigeucy-in other words, IL u.
! ceptionaI, and not to be cOniounded with the eI-
csrciss of ordinary Executive authority. Ia it
| not highly desirable, then, that the President
should publicly aud officially proclaim the exist
ence Of such eIigency, and tho limits within
which he deem, the exercise of extreme and die.
tatorial powers essential 70 the public safety !
The fac.--which all reasonable persons must
rsalze-thut the ordinary privilege Of habeas
corpus cannot to-day be safely conceded in Mary
land. ia Kentucky, in Missouri, by no means
proves the existence Of o similar impeachment 10
tho ordinary administration OF Justice In YER
mont, in Michigan, or In Wisconsin. And the
exercise Of extraordinary powers should be con.
fued within the narrowess limits consistent with
tho safety Of tho Republic.
A, matter Of sound policy, we wish the
President had directed and required that
every person arrested as . traitor or
tool Of traitors should DO forthwith con.
veyed to the nearest or most convenient iu.
dicial district wherein the loyalty Of the people
and of tho United States District Judge was
unquestioued, and there srraigned before said
| Judge for identification and commitment to he
desgnated stronghold under the Presidents war.
rant. We believe some mistakes would thus have
been avoided and much scandal prevented with.
out the least detrimcnt to the efficiency or the
celebrity Of Executive efforts 70 counleract the
Vaccinations Of traitors.
Take the case Of Mr.. Elias b, Schnabel for