The daily register. [volume] (Wheeling, W. Va.) 1863-1864, 1863-09-22
THE DAILY REGISTER.
'-----------------x
TUESDAY. SEPTEMBER ~ 1863
The President Exceeding The
Law...An Important State.
ment. .-.s..5... .-- ..-.

ing the President in certsin cases to sus
pend the habeas corpus, and it is clearl,
shown that the President, in his recen
proclamation, has exceeded his authority
Itis shown that the statute expressly con
templates the cases only of those who arr
detained as prisoners under the authori
ty of the President"-that is, as the con
text of the act in its subsequent section!
clearly shows, of persons arrested and helG
in charge by some sf6cer Of the Govern
ment on suspicion or allegation of dlsloya
designs OF practice. We quote:
On reading the whole statute it is dis
covered that the authorization to suspend
the privilege of the writ Of habeas corpus
lin any case" relates to that sclass CT cases
in which "the officer having charge of any
one detained" is able to make return in any
shape of certificate under oath, that the
person by him detained is detained as a
prisoner under authority of the President" ;"
1t is ob-ious that this provision of the law
clears all that class of persons who may at
any time be arrested and held in custody
either as prisoners of war, spies, Or aiders
or abettors of the enemy; and the Presi
dent, in enumerating this class of detenus as
being persons with regard to whom the
privilege of the writ of habeas corpus is sus
pended, may undoubtedly claim to be with
in the limits prescribed by the law of Con-
gress, But he plainly exceeds these limits
when, in addition to this denomination Of
persons, he proceeds in like manner to de.
clare suspicion of the privilege ofthe writ
as regards--we quote from his proclama-
ton
"Officers, soldiers, or ssamen enrolled or
drafted OF mustered or enlisted in or be-
longing to the land or naval forces of the
United States, or as deserters therefrom,
or otherwise amenable to military ltw or
the rules and articles of war, or the rules
or regulations prescribed for the military
or naval services by authority ofthe Presi-
dent of the United States, or for the resist
ing draft, or for any other offence against
the military Or naval forces"
This sweeping declaration finds no basis
on which to rest in the law of Congress,
and, in some of its denominations, involves
an express violation of another act of the
last Congress. The argument is complete,
and We quote it:
with what propriety Can it be said that
officers, soldiers or seamen, enrolled, or
drafted, or mustered, or enlisted in the land
or naval forces Of the United States are
prisoners, detained under the authority of
the President ?n and yet it is only as re-
CARDS persons who can be thus styled in a
sworn certificate that the law Of Congress
of March Sd, 1863, authorize suspension
of the privilege of the writ of habeas cor
pus. Suppose the case of a youth, under
the prescribed age, who has been improper
ly drafted or enrolled in the army. May he
not Loyalty perform his duty as soldier
while making application to the courts of
the country for rsdress9 And in what just
sense could the officer under whose COM
mand he was placed make the return to
the Judge that such person was held as
"a prisoner under the authority Of the
President" How the proclamation will
operate in increasing the hardships of the
draft, as repscts persons who are erroneous.
ly enrolled and drawn, and who have actu
ally entered the service, may be read in
such cases as the following We copy from
the Cincinnati Gazette of Monday last.
"Three boys, named Isaac NJ Owens,
Isaac Trapbagans and NJ. B. Miller, who
had enlisted IN the Fourth Battalion, 0.
Y. c. Major Joe Wheeler commanding,
were brought before Judge Leavitt, of the
United States District Court, on writ Of
habeas corpus on Saturday and discharged,
il being shown that they were minors when
they were sworn In"
Cali such proceedings, even before a
Judge as loyal as Judge Leavitt proved
himself to be in the casa of Mr.. Vallandig-
ham, will now be stayed or dismissed.
1t is plain that when the Congress au'
thorized the suspension Of the writ OF hs'
beas corpus, with regard to certain prison
ers,' il did not mean to place Officers, sol
diers, or seamen' in that category, uuless
they had made themselves so by some pos
tive act
But we have said that the proclamation,
so far as it orders suspension of the priv
lege of the writ of habeas corpus with
regard to a certain class of cases, is viola.
tive of an act of the last Congress. We al:
lude to the act of March 3, 1863, entitled
an act for "eurolling aud calling out the
national forces" The twenty-hfth section
of that act is in the following words;
"And be it further enacted, That if any
person shall resist any draft OF men On
rolled under this act into the service of the
United States, or shall counsel or aid sny
person to resist any such draft; or shal
assault or obstruct any efieer in making
such draft, or in the performance of any
service in relation thereto; or shall counse
any person to assault or obstruct any suct
officer, or shall counsel anv drafted men no
to appear at the place OF rendezvous, o.
wilfully dssuade them from the perform
ance of military duty as required by law
, sucE. person shall bssu4jsctto summary ares
By the p,orost marshal, AND HE SHALL FORTH
WITH BE DELIVERED TO THE CIVIL AUTHOR
= IrIEs, and, upon conviction thereof, be pun
ished by a fine not exceeding FIVE hundred
dollars or by Imprisonment not exceeding
two years, or both of said punishuents."
- Now, the proclamation Of the Presiden
suspends he lrivilege Of the writ of habea
corpus with regard to persons arrested "fo
a lrock xhon fho r