Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-05

prooable cause, supported by oath or atiirma-
tl0ni' hat " no person shall be deprived of bis
life liberty or properly without due process o.
law and that 81 the accused shall enjoy the
right to a speedy and public trial by an impair
tis4 jury OF the State and district where the
crime snail have been committed, and to be in
formed Of the nature and cause Of the accusa-
tion, and to be confronted By the witnesses
against him"
PERSONAL LIBERTY AN ABSOLUTE RIGHT.
Personal liberty IS one of the absolute rights
of man. It's protection is one of the primary
objects of government. Under our system
courts Of law are established to try criminals OF
every grade. The Federal aud State courts
having their defined and proper jurisdiction,
have continually been accessible. The law
points out the mode Of proceeding against the
alleged offender, and whatever may be the ma
ture Of the crime, the courts in New Jersey will
fairly investigate the charge and punish the
criminal, if legally convicted If any citizen
of New Jersey be guilty Of the high crime Of
treason, let him be punished bat his guilt
should bo established by the same Judicial
means that the Law awards to the meanest eul-
prit.
TIE BIGHTs OF NEW JERSEY TO BE PRO-
TECTED
Whatever legal and constitutional powers are
! vested in the Executive Of New jersey, for the
protection Of the lawful rights of the citizens Of
the State. viii be exercised during my admins
tration. Il cannot be that these arbitrary arrests
of cihzans, without due process, and imprison-
ments beyond the jurisdiction, are legalized by
virtue Of authority emsnatiBg from any civil
magistrate. Neither can they be justified because
of any power flowing from a military COM
mander for the persons arrested were net in the
/ military service and therefore not subject 10
| what is termed military law, and it is q clear
principle that what is called martial law cannot
rightfuy extend beyond the field Of active
| operations of the commander.
HABEAs CORPUS.
But legal arrests would not have been as
oppressive if the privileges of the writ of habess
corpus had remained inviolate, for, in snch case,
the imprisonment, if funlawful would have been
but temporary. The suspension of that writ
caused the term Of Imprisonment to depend
upon the will Of the person who commanded
the arrest. There is no doubt but that the writ
of hzbeas corpus may be suspended in cases of
rebellion or invasion, if the public safety require
it. Bat it is of vital Importance to the people
to know by what power the privileges Of this
great writ can be suspended, aud at whose will
their liberties are held. The power to suspend
the wriE Of hsbeas corpus exists in the legisla-
tive and not in the executive branch Of govern
ment Such has ever been the course Of Judi
tldl 0IiittO4 DQL4 IN L1igiauQ anu America III
orr national Constitution the provision in refer
ence to the suspension of the writ is enumerated
among the powers delegated to C0ngress. The
representatives coming from every State and
district, and more Immediately representing the
people, are TO decide whenpublic safety requires
its suspension.
THE WRIT INTENDED TO BE A PROTECTION
AGAINST EXECUTIVE POWER.
If it had been intended that this great power
over tie liberty Of millions should be deposited
in the breas. Of one individual, it would have
been SO stated in the Constitution in express
terms The writ, in its origin, was intended to
relieve from the abuse of Executive power, and !
it would be papable absuTdity to vest the sus.
pension of its operation in that department. Of /
government, the action Of which it was de- /
signed 10 review aud restrain. 1t is as much a /
departure frem the Constitution, and almost as /
dangerous in its tendency. for one department |
OF the government to infringe upon the prov /
lnee and assume the powers delegated to another /
department as it is to usuTp powers that have /
never passed from the people.
THE WAR POWER DOES NOT SUSPEND The /
CONSTITUTION.
In the absence Of other authority to Justify /
these arrests, imprisonments and denial OF the /
writ OF habeas corpus, a new power has been 1
invoked familiarity called the war power of /
military necessity" It is csirzed that this /
power Overrides all others, and vests in the Ez-
ecutive of q government in time of war the /
right military commander, to do. in any part /
of the country, anything which he may think /
viii best subdUe the enemy. This power as
claimed, virtually suspends the Constitution in |
time OF war. II ignores al branches of the
government except the Executive By it Con-
gress can be dissolved at pleasure, and the
courts can be suspended. By it every member
Of Congress and every judge in the land can
be imprisoned, if it be thought the best meaas
10 subdue the enemy. By it the vaults of the
banks can be entered, and the treasure taken
heTetrcm without pledge Of payment or return
)f money, at the time being considered a 'imili-
ary necessity" As this alleged power is limit
ID only by the viii and discretion Of him who
xercises it, there is no conceivable form Of out
age upon individual rights or public interests
hat cannot be perPetTated under it.
All legitimate war power is sub,rdinate to the
Constitution ANY other doctrine would give TO s
ne man, in time Of war, power co-extensive
7ith his will--or, in other words, despotie
over.
The motives with which this power may bs
sed are various Suppose tho motive good in {
lie Executive, IS there any security that the /
lotive Of enother will be pure. Again: the :
lotive may be pure, and yet q radical error of I
ldgment But we are not now discussing mo-
YES. 1t Is against the principle We protest, in /
he name OF the people Of a sovereign State. Ia
'Fecedents are being established, and all history
Tarns rs against encroachments of power (
But, whatever may be the motive with which S
IS exercised, unauthorized power does not tend q
D suhsue the enemy. It may be taken as an }
principle that 10 violation of lay OF
of power, however good the motive, 7
dds strength to government. Any apparent !
3mporary advantage will be overcome by the / I
which a ras1araf r. ausasn44snoep "a
oeurty Of rights necessarily engendeTs. That 9
oyernment only is truly strong which keeps Y
Tthin lis consttutionallimits The true friends G
f the governmen! of the United States who de- t
ire us perPetuity and the peTpetuity Of tie {
Inion have, therefore, regarded the exercise of Il
lis assumed power with great apprehension. y
EMANCIPATION UNCONSTITUTIONAL.
The chief fruit Of the " war power" is the
proclamation, which, if il be con. :
.itutional, ak once yields to the Executive not \
larey legislative powers, but legislative pow +
rs Beyond those which Congress can lawfully =
zerelse Il Yields to the Executive alone what,
y the Constitution, Congress and the Exeeu- q
ve eombined cannot legally do 1t assumes q
at mere edict Of an Executive officer can =
hange tie domestic relations of communities q
cd repeal laws gDaraRte teeiDg the rights of prop
'ty in whole States and districts whether tbst
-operty belong to the loyal or disloyal No.
lly is the constitUtonalty Of this measure Il F
roper subjeet Of free inquiry, but the policy OF
nanepabon, If constitutional, is theme which v
innGt be avoided. This question should h, =
zamined not only in reference TO onr interests y
II also in reference to the interests of the eraca -
g fad in servituds. We should look at if. not - -
lly with the eye Of reason, but with she eye of <
Imanity. =
THE MEASURE CRUEL TO THG SLAVES W
has any man ever satisfactorily answered ths d
isstion how the sudden liberation Of three mil a.
ms OF beings without property, without homes, 81
thout education, industry or enterprise, sufi pi
snt to provide for themselves; beings. in their W
esent condition, not sslfsUstaining, is to bene g
eisheT the white or the black race Where ol
q tbev II oa7 To .oiors,a ~. n = - -, N