The Democratic press. (Eaton, Preble County, Ohio) 1860-1865, 1862-01-09

to his discretion, to suspend the privilege of
the writ of habeds corpus, or, IN other words
to arrest and detain, without resort to the
ordinary processes and forms Of law such
individuals as he might deem dangerous to
the public safety. This authority has been
purposclv exercised but very sparingly.
Nevertheless, the legality apd propriety Of
what has been done under it are questioned,
and the attention Of thescdantrY has been
called to the proposition, that one who is
sworn TO take care that the laws he faith
fully executed should not himself violate
them or course some consideration was
givcn to the question ofpower and rrolriety.
before this matter was acted upon. The
whole of the laws which were required to be
faithfully executed, we're being resisted and
failing of execution in nearly one-third Of
the States. Must they be allowed to finally
fail of execution, even had it been perfectly
clear that by the use of means necessary to
their execution, some single law, made in
such extreme tenderness of the citizen lib.
ertv, that practically it relieves more of the
guilty than of the innocent should, to
very limited extent be Violated? To state
the question more directly are all the laws
bit one to go unexecuted, and the Govern
mcnt itself go to pieces lest that enc be vo
lated &? Even in such case, would not the
official oath be broken if the Government
should be overthrown, when it was believed
that disregarding the single law would tend
to preserve it? But it was not believed that
this question was presented. 1t was not be
lieved that any law was violated.
The provision of the constitution, that
the privilege Of the writ Of habeds corpus
shall not be suspended unless when, in cases
of rebellion or INVASION the public safety
may require it, is equivalent to a provision
is provison-tbat such privilege may
be suspended when in cases Of rebellion or
INVASION the public safety does require it.
II was decided that We have case OF rebel
ion, and that the public safety does require
the qualified suspension Of the privilege oI
the writ, which was authorized to be made
Now it is insisted that Congress and not the
Executive, is vested with that power. But
the cons tuition itself is silent as to which
or who is to exercise the power; and as the
provision was plainly made for dangerou,
emergency, it cannot be believed the itamers
Of the instrument intended that i'll every
case the danger should run its course unit
Congress should be called together; the very
assembling (which might be prevented, as
was intended in this case, by the rebellion
In response to a call from this
House, on the 18th day of July
1861, the President sent copies OF
three different orders, giving All
thority to suspend the writ Of ha'
, beaS corpus. One is in form i
, proclamation, and relates to the
suspension within the islands ot
Key West, the Tortugas, and San
. ia Rosa.
5 The President claims distinctly
; the authority to arrest and detaln
t without resort to the ordinar,
t forms and processes of law, al
. persons. not in the land ~ naHa
4 forces, not prisoners OF war, me-
u engaged in military enterprises
r whom he or his commanding gen
n eral might "deem dangerous to th'
= public safety and he claims thi
e authority, first, under the Constitu
e ton, and secondly, ,nOtwithstandin!
e the Constitution, "when it is be
: Iieved that disr G rIing the sing
t law would tend to preserve" til
y Government.
r First. UNDER THE CONSTITUTION
d The President admits the au
: thority IS not expressly granite,
l. him by the Constitution and, j
l. granted him at all, it is only b.
Il Inference. and this derived chief
It from the supposed inconvenienc
:, of lodging the authority in Con
q gress.
d The only clause in the Constitr
q ton relating to this subject
J. found in the second clause Of tn
ir ninth section of the first article
Ie 1t is in these words: ...
of "The privilege of the writ of AaJeas co
10 pus shall not be suspended, unless, when
" cases of rebellion or invasion, the publ
Sc safety may require it."
+, This certainly is a provision, {
Of the President we'll maintains, tina
r in cases of rebellion or invasion
H. when the public safety may requil
le it, the privilege of the writ may |
OF suspended. Who shall exerci,
u, this power Of suspension?
al The context OF the Constitution
ty the history of English jurisprr
as dence, the uniform construction
d- the provision, from the hour of i
ne adoption until the order of Pres
st dent Lincoln to his military office
on the 9th of April, 1861, dec
ed sively, authoritatively answer til
H. question.
II, 1. The first article of the Co
III stitution exclusively relates to Il