New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-11

CO ses of rebellion invasion, or uuer
when the public safety demands II; inis Is anuouo
S tho olv imrlicaiion that can be derived anthor-
iznp the siIspension OF the wTt oil habeas corpus
Who shall suspend it : That is the question: IL ID
not vested in the Executive exclusively, hoI III cV
cress exclusively, bnt in all The department. OF me
Government grant that under the afoi,ia'y Iuie
a Elizabeth, of England, end during the early
mart of the reign Of Charles the FIRST
was exercised by those mOnarchs, but Charles was
compeled as the price OF his throne 10 asseht 10 te
Bill of Rights by which he bound blmteH never 10
imprison man without due process Of law. Charles
did not stand by bis Interpretation .. VIC a'oen'
Constitutions and after ten years 81 sruSslc "i'i
hs people he lost his throne and LIS life as the penal
y OF bis nractiOp Of IT, His successor tired all means
and every kind Of scheme 10 retain TINS arbitrary
power, which was at last swept away forever oy Tue
great charter Weare told by the emlnent historian,
MacauIay that Charles III. sought to repeal the haoe
az corpus act for that he hated II ~ only tyIants can
hate whatever stands between chem ana their own
despotic wills And this habeas corpus act was Tue
most stringent curb ever imposed by Les=m-
ture on tyranny. When William aud Mary c;line 10
the throne thew declared that the Crown dld not pos
sess tine mower of suspeading the writ of habeas
corpus and from that hour 10 this, one hundred wears
before the ADOPTION of the Constitution OF the Ihled
States, England had no monarch during All nor
foreign wars and intestine troubles, ".y"ar ana
wicked enough though some OF then were, who
dared TO sIspend the wit Of hbc85 corpus, or VINO
ever clained that they had the power 70 imrrison
citilen ystbont dne process Of law. III history 20
which have had access confirms this view OF lhe
case. Hume and Macaolay claim ti.is night as the
pripcral In the great structure OF the English Con-
stitution But here, according to THIS novel
theory of Government, the President may sus-
pend the Constitution and the laws OF the United
States made under it, He may, as 1t Is claimed,
do all this, supersede them ALL dlsyegaruing
the limitation enioined for the exeIcse OF bus pre-
rogatives lie may abolish all the laws Of the land,
and substitute in their place his own WILL lie may
abolish the whole system Of Government built up
and bequeathed TO us by our Revolutionary ialneIs,
and he may build up for himself new ana entirely
different systcm. All this he may DO II Is caimed,
rghtfuy, legitimately and without interference. 1
hold this assumed position IL unenable and mdeiensl'
ole; that there is warrant for N the C0nsttu-
ron or in the principles which undefe The theory oil
government nor IN the genius OF the American peo-
Die nor in the spirit OF liberty which i the boast OF
our institutions Such proposition will destroy the
/ law az il is utterly inconsistent with the law. III
viii reduce this nation, II this theory oil govern
ment is deliberately adopted, TO the condition OF
slavery; and say that any nation thai WI VIKING
" ADOPT is lost TO AL sense OF manly lndepetd-
ence il lost 10 the appreciation Of s own dignity
and national righis aud for them the yoke OF the
slave il the only fitting emblem We are told, IN de-
Tense Of this theory, that It would exist only IN
cases of rebellion against the Government We are
ALEC told that was not intended that the Constitution
of the United States should be operative in times OF
civil war. Our fathers hoped that civil war might
never belal us, but they knew human nature too
well 10 expect that we should forever ENJOY profound
repuse They bad freed themselves from the yoke Of
expressions they had successfully conquered enemies
without aud tories within, and then they formed
Constitutional Government, recognizing in them
that honesty and good sense which mark the patrl-
OF Is il TO be supposed that they wonii ADOPT a
Constitutional Government 10 be operative only IN
time Of peace and that that Constitution should be
superseded whenever disoord OF war would present
an opportunity set it aside and substitute Tor the
will of military powerl The Constitution giyesto
the ,eyeral departments Of the Government oil The
power ever intended 10 be used for any purpose II
The laws Of the United States too lenient they
NAV he made more stringent. IL Judges are inbe-
ellie, let them be mpeachcd. Lei the whole ma
cbinery Of Government be revised ana improved,
if YOU will; but whoever goes beyond that 10
support the Government would destroy the
Constitution under the pretense OF Preserv'
ing il. Tho Government has no night 10 break
down the Constitution to uphold itself II never va
intended for q moment that the Constitution under
any circumstance should be superseded The Presl-
dent holds Office under tie Constitution, you sit
there under il, the judge 81 and pass judgment N
virtue Of the provisions OF that instrument alone,
and if you superede H. neither YOU nor the judges
nor the President himself posso-ses any more power
than the humblest man IN the land. Superrede the
Contribution! You might ~ well try TO repeal all
laws for the guidance VI society, ana let the nation
90 adrii 10 ruin al The Ouly way 10 prcserye
the Governments 10 preserve the Constitution, Ia OBJ
serve s limitation and 10 obey its prohibitions. ben
the Constitution falls, then indeed the Government
falls This il not the way 10 preserve Governments. +
Ambition makes it, own opportunity, and under tins
system Of superseding the Constitution IN times oi
public calamity, the public mind VIII become de-
graded, the people every fresh occasion Tor the
exercise o. tbs power will yield sll Lite more
TO those encroachmenis, TIL the public viii will be 4
destroyed, the public intellect warped the national
character furnished and the national love OF liberty
and independence ovorhrown. They viii become the /
plavthng OF every tyrant and each successive Inva-
sIon of their rights VIII be tamely submitted 10 until
II appreciation Of independence and rights and free
dom forever lost. IL Is VAIN TO cay that tins II an
idle dream-the realization OF the fact 10 be-
fore us. Six months ago, when the habeas /
corpus act was fret suspended IN the of
Merriman who was held on a change Of treason, the
public mind was intensely excited. Now what - the .
fact? Citizen, committed ana Imprisoned De-
cause in the public newspapers they dare ciiiia'e
the acts OF the Government. Newsialeir nave Deeh
suspended, and the whole power OF the Goverrmen'
despOticaly exercised without q public m'lImur;
We are told also that when this public danger snail
have passed away the Constitution will be restored
to its pristine vigor, ana people VIII be allowed 10
resume their accustomed liberty. When was this
ever 30 When were the invaded and restricted
rights of a people ever restored TO tneir
exact position except by the SWORD! "hen
was liberty once surrendered ever restored
except by blood For the willful surrender .
OF their rights no nation ever resumed them only |
through the agonies OF "a revolution, and you cannot
make nation sensible OF rights thar ia time Of dan
ger possesses no rights. You cannot increase and
strengthen virtue, and courage, and patience in q
people by teaching them that in times OF great public
calamity and danger TO the State, they must rely for
their safety not on their own virtue, and courage
and constancy, but on the power and good will Of
their rulers. No free nation ought TO listen for
moment TO the arguments OF State necessity. The
history of those people VINO have been so deceived
is written in the wreck of free institutions
IL is marked with wrongs, with high hopes
destroyed, and noble aspirations violated and tram
pied upon. If we lood over the pathway OF deco.
lation thus exposed to view, may easily imagine
that we see the spirit of American independence and
American freedom lowering over this day, tearfuly