St. Mary's beacon., 1862-05-08

6utlef w. Cameron-OMcla1 6eSp9u0'
bility.
sMEssxs. EpTroas considerable mis-
conception appears to prevail in references
TO the responsibility Of tiie ex-Secrrtary
Iof War for the arrest and imprisonment
Of Mr.. Butler. Many entertain the idea
that becaase he oocmpisd q high ofknial
position, his official robes must pFotect
him. A second. class suppose that if il
was done BY order Of the President. such
order is sufficient in itself to screen the
subordinate; while q third conceive that
the Government, IN time Of rebellion, has
some hidden power. BY which it may d.
wrong and injustice with perfect impuni-
ty In England. the responsibility Of the
ex-Sccrctary would not be questioned,
and officials as lofty in the State have been,
at the ending of their official term. held to
just rctribution for their official wrong,
and Governors admitted to be effectually
viceroys) have been made to answer hea-
vily for their assumption Of power. lord
Manifold made this right Of the injured,
despite the shield Of Official pr,t nsion,
the glory Of the common law and Of Eng
lish judicature.
In this country. ut no time, If his
rights under the Constitution are secured
to him, can the civil or political privileges
Of the citizen be infringed by a public
officer, with impunity to the transgressor,
or without ample means Of obtaining redress
for the injured party.
Within the limits of their respective
powers, all officers, from the President
downwards, ought to be submitted to or
obeycd; but if they should overstep the
limits Of their official authority-if they
should usurp powers not delegated to them
by the Constitution. or some law made in
pursuance thereof, they weuld cease to be
under the protection of their officers aud
would be recognized merely as private
citizens; and for any act of injustice or op-
preston they might commit, would be liza.
bic to civil or criminal prosecution; il,
the same manner as u private citizen,
with this distinction. that if the wrong.
docr has availed himself Of his oficia
character, or of the opportunities his Office
affords hiu,, to commit acts Of injustice
or oppression, it will be considered as q
great aggrayaaion Of his guilt, in crim;.
nal prosecution, and VII be good ground
for jury to 6nd exemplary damages
in civil action. because private injury
here is connected with breach of ths
public confidence.
Neither will the fact that Mr.. Cameron
was acting under the instructions Of the
President excuse him. In 2,,d Cranch
ll9. the Supreme Court Of the United
States decided. That if the Presiden,
should mis.ske his powers under the
Constitution. or the construction of an &C,
of Congress, and give instructors no,
warranted by the Constitution in the act
aay aggrievcd party might recover dam
ages against the officer acting under the
instructions. which, though given By the
President. would furnish no justification
Or rxcuse."
This Government, in time Of rebellion.
does not change its character; nor does i,
alter the Constitution bccausc the South
may be trying to overthrow it. There
is no department that can assume dicts-
t"riaI pswcrs, nor is there any one dc.
partmrnt that eau. confer such power upon
any other. The right Of all citizens not
serving in the army. militia or navy. re.
main precisely the same. Neither the
President nor any Of his Cabinet have The
right to issue warrants or arrest the citi-
zen This belnngs exclusively to the Ju.
diciary at all tiraes. Certainly. the histo-
~ Of odious general warrants ir England
should have taught our people a lesson.
The President or any one of his Cabinet
have just as much right to order the citi.
zen to instant execution as they have te
deprive him Of his liberty by any such
process 1t is high time these alarming
concessions made to power we're at Al
end, and that the darkness Of such grosl
ignorance was dispelled. VERirAs.