The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-01-08


selves of it to ascertain the accusation
gainst them, and to force "speedy
trial." but the President has declared
that he has authorized the military Of
fcer to suspend their right to the writ,
and to hold them prisoners at bis pleas
ure. .... -. f..... o.
| 1t is fortunate for these memorial
lists, in the assertion of their personal
Irights-fortunatc for the cause of the
true Interpretation of the Constitution
that there is no charge, no intimation
that they have been guilty of any of.
Tense known to the laws of the land
for, Notwithstanding the experience OF
eighty years, we are prone to forget
that the integrity of the Constitution,
the solution of the problemof the COM
patibility of social1order with individ-
ual security, demand that the constitu-
tional guarantees Of personal liberty
should be as faithfully kept, as rigidly
enforced, as, perfectly administered, in
the case of the meanest criminal as OF
the purest patriot. g.
! The President of the United States,
in his message at the commencement OF
the extra session, announces his action
and his reason for it in the following
language:
"Soon after the first call for militia, it
| I'd lutv IN n
manding general in proper cases, according
TO his discretion, to suspend the privilege OF
thh witt Of habeas corpus, or, in other words
to arrest aud detain, without resort to the
ordinary processes and orms OF law, such m
diviluals as he might deem dangerous to the
public safety. This authority has been pur-
posely exercised but very sparingly. Never
| theless, the legality and propIlety OF what
has been done under it are questioned, and
the attention OF the country has been called
| to the proposition, that one who is sworn TO
take care that the laws be faithfully executed
should not himself violate them. vi course
lsone consideration was given to the question
of power and propriety, before this matter
was acted upon. The whole of the laws
which were required to be faithfully execu-
ted, were being resisted and falling OF execu
ton in nearly one third Of the States
Must they be allowed to finally all oF eXecu-
| iion. even had it been perfectly C ear that by
the use Of means necessary 10 their execution,
some single law, made in such extreme ten,
derness Of the cizan's liberty, that practl-
cally it relieves more of the guilty than o'
/ the innocent, should, TO a very limited ex
tent be violated? 10 state the question
more directly, are all the laws bm one to go
unexecued, and the Government itself go to
pieces lest that cne be violated? Even in
such case, would not the official oath be
broken If the Government should be over.
| thrown when it was believed that disregard
ing the single law wou.d tend to preserve III
Bul it was not believed that this cues ior
was prescnel. Il vas not believed that any
/ law v as violated
"rhe provision OF the Const uton, that
the privilege of the writ OF hobeas corpus Shall
not be su pended unless when, in cases o.
rebellion or invasion, is equivalent 10 pro
vision-is q proviSiun--lhat such privilege
may be suspended when, in cases OF rebel
ion or invasion, the public safety does require
it. 1t was decided that We have in case o!
rebellion, and that the public safety does re
tquiie the qualified susp nsion Of the privilege
OF the wit, which was authorized to made.
Now it is insisted that Congress-, and not The
Executive, is vested with that power. But
the Constitution itself is slleut as to which Oh
who is TO exercise the power: and as the pro
vision was plainly made for a dangerous G.
mergency, ii cannot be believed the lramer,
OF the instrument intended that in every
case the danger should run its course until
| hn call Lad he, - h.,
assembling OF which nigh b. prevented, a
was intended in this case, by the rebellion"
In response to call from this House,
on the 18th day of July, 1861, the
President sent copies of three differ
ent orders, giving authoity to suspend
the writ Of habeas corpus. One is in
form a proclamation, and relStes to the
suspension within the islands of Key
West, the Tortugas, and Santa Rosa.
Two others, dated, respectively,
April 27, 1861, and July 2, 1861, are
simply "orders" addressed "to the
| Commanding General Of the Army of
the United States in these words:
! "1f at any point on or in the vicinity oI
any military | re, which is now or which
shall be rsed, between the city OF New York
and the city of Washington, you find resis
tance, which renders it necessary TO suspend
the writ OF Aobeas corpus for the public sale
ty, you personally, or through the officer in
command at the point where resistance oc
ours. arc authorized TO suspend that writ,
i They seem to have been secret or,
(ders, and never to have been made
public before. ,.,4s .sn
l. It is y popular error that the neces-
sary effect Of a hearing on writ Of
Ehabeas corbus is to interfere with a le.
| gal imprisonment. 1t is not 50. The
| only effect is to ascertain whether the
imprisonment is legal; to ascertain
whether it is by competent authority
on charge of crime. If it is, the
prisoner is returned to the custody Of
| the officer who held him; if it is not, he
lis discharged. This jaw, we are told
by the President, was made in too EEK.
tfeme tenderness Of the citizen s liber.
ty, and was therefore suspended. The
effect Of the suspension is atoglp prevent
that inquiry into the legality of that
imprisonment. The object of the 'sus-
pension is to enable those who happen
| to have power. to ilpprison the citizen
who has been guilty Of no offense, ap6
I to subject him to just such rigor q
confinement as their discretion, not the
law Of the land, may prescribe..a a4o'
NJ The President claims distinctly tht
authority to arrest and detain, withour
resort to the, ordinary forms and pro
oesses of law. allfpersons, not in the
land and naval forces, not prisoners Q,
war, nor engaged in, military enterpri
ses, whom he or his commanding gen
It.'F Il.