Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-03-19

/ his constitutional sharssin legislation.
We suppose that the object Of this bill is e
enable the President to imprison suspected per
sons, and who may. not be suspeetsd7 The
most innocent and patriotic men in the country
may become victims TO The myrmidons q
military officials. This be lis object, and il
can have none other, it strikes fatal blow at
smother clause in the Constitution, which pro
vides that no one shall be arrested but By war
rant fonhdsd on affidavit. This, however, is
but a. geak prcteetloH to the innocent, if the
.habeas corpus be suspended, -...2vlvsirs may
Be conhaed in prison for an indefinite time, per
hsps fof years, perhaps for He--tben sfiaa-
Wits viii be asplsnty as blackberries in June.
| Or perhaps this salutary provision may be
evaded IS q sinilaE one was in England, pre-
vious to the passage Of the hsbeas corpus sct,
by Inserting in the warrant the words "by the
special cpmmand Of the King" which were
held sufficient to make the warrant good with
cut affidavit. This was one Of the causes which
gave rise to the celebrated habees corpus act in
England To imprison without afi iavit, merely
" by the special command Of The King y wss
deemed such au outrage on the rights Of British
subjects that distinguished nobleman was IN
duced to persevere for eleven years, until be OBJ
tanned the passage Of the habsas corpus act as q
remedy for the evil. It seems, however, that
We are anxious to revive Che eva BY suspend
ing the remedy. That is most certainly to be
the effect. feFslf there be no way to inquire into
the Legality of the commitment, there il no diff
ference whether it was made on affidavit or not,
and no difference whether a crime be. charged
or not The offset is TO inprison without jest
cause, and when she man is ia jail the object is
accomplished, since. he is deprived Of the means
OF bsins discharged.
When this. writ is to be suspended, we want
the deliberate judgment.of our representatives
that the public safety is in dagger, aud then we
want the President to certify to the propFisty Of
their Judgment in his approval Of the acs.. This
we are entitled 10, and nothing less should sat-
isfy the people, nothing less satisfies the der
mands Of the Constitution.
It is quite likely that Congress has looked for
precedent in the proceedings Of The British
Parliament, which, on one ocessien, and on one
only in period of near two hundred years,
granted to the monarch civilian Of ofange)
the authority to suspend the writ of habess
corpus for short time, though, if we remember
rightly, it refused to bestow this mark Of conf
denee on JAMES, even in the rebellion Of Mon
MOUTH and ARGYLE. In brief period Of the
two first years Of ouT, ,governmant, this authority
has boen conferred upon the President twice,
snd it is now proposed to DO it again. This
seems like making the suspension Perpetua1i
it is treating this invaluable right Of the people
as quite light matter.
There is a very marked distinction between
the two bodies that should always be kept ia
mind the British Parliament is omnipotent,
but our Congress is not it owes its existence
to, and is restrained by, a written Constitution
and therefore parliamentary precedents are not
always ssfe guides for Congress.