Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-10-09

security has 0ee7 fore cen. does not provide hat
~ times OF public niger the executive power
shall reign tO the exclu-ioa Of all others. ltdoes
not truss into The aids OF dictator he resns o.
the government. The trainers OF that charter
we're too well aware of the heard to "a hich they
would have expo ei the fate Of the republic by
such provision. and had they done il. the States
would have rejected Constitution stained with a
clause 80 threatening 20 their liberties. In the
meantime. conscious Of the necessity OF removing
all impediments 70 the exercise of the executive
power, in cases Of rebellion or invasion. they haze
permitted Congress 20 suspend the privilege of the
writ OF babeas corpus in those circumstances If
the public -aiety should require il. Thus far.
and no farther. goes the Constitution. Congress
has not hitherto thought il necessary TO author
ize that suspension Should the case ever hap
pen, II i 10 be supposed IL would be accompanied
With such restrictions AS would prevent any wan
ton abuse of power. elm England. SAYS the
thor OF justly celebrated work on the constitu
ton of that country lat the time of the invasion
OF the Pretender assisted BY the forces of hostile
nations, the habeas corpus act was indeed sus-
pended. but the executive power did not thus of
t-eis stretch It's authority the precauslOn vas
deliberated upon aud taken by the representatives
OF the people; and the OBTAINING of individuals
consequence OF the suspension of the act was lin
tied 10 a fixed time Notwithstanding the just
fears Of internal anu hidden enemies, which the
circumstances OF the times might raise the devia-
ton from the former course of law carried no
farther than the single point we have mentioned.
Persons Detained by order of the government we're
To be dealt with in the same manner those
rested at the suit of private individuals; the pro-
ceedIngs against them were to be carried on not
otherwise than in a public place; they were TO be
tried by their peers and have all the usual legal
means OF defense allowed them, such as calling
OF witnesses. peremptory challenge of jurors, &c;
and can II be asserted that while British subjects
are thus secured against oppression in the worst
OF times, American citizens are left at the mercy
OF the will of an individual who NAV in certain
cases. the necessity of which is be judged ofby
himself, assume supreme, overbearing, un-
bounded power? The idea is not only repugnant
to the principles of a free government, but sub
yersive OF the very foundations of our own.
Under the Constitution and laws of the United
States the President has a right to call. or cause
10 be called into the service of the United States,
even the whole militia in any part of the Union,
in of invasion. This power exercised by
his delegate, has placed all the citizens subject
military duty under military authority and mar
tal law. That | consider To be the extent of the
martial law, beyond which all is usurpatiOn of
power. In that state OF things the course of ju-
dicial proceedings is certainly much shackled
but the judicial authority exists and ought To be
circumstances have made il necessary 10 suspend
the privilege of the habels corpus, and such sus-
pension has been pronounced by the competent
authority. there Is no reason why the admInistra-
ton OF justice, generally. should he stopped
FOR, because the citizens are deprived temporarily
of the protection OF the tribunals "a to the safety
OF their persons, it does by no means follow that
they can not have recourse 10 them in all other
cases.
~ h. IL.
FORE can not have any other effect than that of
placing under military authority all the citizens
subject TO military service. Ii is in that sense
alone that the vague expression of martial law
ought to be understood among US. To give it
any larger extent would be trampng upon the
Constitution and laws of our country.
That the doctrines of these decisions in regard
TO the exercise OF the power OF snSpendng The
privilege of the writ OF habeas corpus have been
almost universally considered as incontroveribe
is fully established by reference to the works of
MANY elementary writers, and by the fact that no
evidence OF the dissent of other iursts or of the
profession has been recorded Hurd. in his work
on habeas corpus, in reference TO the constitu-
tonal provision before referred TO, SAYS: Rebel
lion and invasion emnently matters of ma
tOnal concern. and charged rs Cougre is with
the duty of preserving the United States from
both these evils il is tit that it should possess the
power to make efectgal such measures "a il may
deem expedent to adopt for their suppression"
D. 1873 And Up l34) This power has never
been exercised by Congress" And again 70.
l49) "The provision (of the Consttution) relat-
ing to the writ of habeas corpus. limits the legs-
lative power"
Those who have fppantly remarked that "no
sound lawyer" would express the opinion that
the President has not the authority to suspend
the habeas corpus, will perceive, by the extracts
quoted above, that some men, heretofore consid
cred "sound lawyers" have expressed such opin-
ion