The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-03-13

Suspension of the Writ OF Habeas Corpus.

Upon the passage of the act authorizing the
President to suspend the writ Of hdbeds COR
pas, a leading opposition journal fastened TO
inform its readers that American liberty had
perished, aud other supporters Of the same
party followed, with a long interval, In taking
the same gloomy view of the state OF our al
fairs. As these journals, however, still con-
tinue to publish without interruption their
daily diatribes against the administration, de-
nouncing its members and its policy with
vehemence which recognizes few limits either
of Justice or propriety, it would seem that
they were little too fast in announcing the
death OF our liberties. In point of fact they
took 1t for granted in their lamentations over
the passage Of the act In question, that the
immense power which 1t confers must neces-
sarily be abused. They made no allowance
er in good faith and for its original purposes,
but took it for granted that chief magistrate,
whether q Roman consul or an American
President, when he Is commanded by the ma
tional legislature to see that the republic re-
ceves no detriment, will at once proceed to
destroy its liberties.
There is no lack of precedents Of the ad-
vantageous use Of extraordinary powers con-
ferred upon a government at time of great
civil commissions. Indeed, there would be
greater difficulty, we suspect, in finding cases
where such powers In such emergencies have
not been resorted to with the consent of the
well-ahected. OF the use of the particular
expedient now spoken of, howeyer-the sus-
pension Of the writ of hdbeas corpus the
most numerous and mo- instructive preced-
ents are to be found In the history Of England
and these are the more interesting because
the present generation in that country, in
their comments upon the proceedings oil our
government seem to have forgotten altogeth-
er the acts OF decisive vigor by which their
own constitution has been preserved in some
trying emergencies.
In fact England found 1t necessary TO sus-
pend the hd6eas corpus act Immediately after
the expulsion Of the Stuarts and the final
establishment OF constitutional government.
William Ill. found 1t necessary in 1850 TO
make arrests without legal authority and to
obtain the sanction Of parliament for thus ex-
ceeding his powers, and that body at once
proceeded to general suspension of the act,
until the affairs of the kingdom could be COM
posed. This was the measure taken by gen.
Grafton which will never cease to be conspic-
fuous in history for Its political prudence and
caution, and for the success with which it la
bored to establish the public rights Again
in the latter part of the year l774, when the
invasion under Charles Edward was in prepa-
ration and the kingdom was In commotion and
peril, parliament authorized the suspension for
some months, that the government might not
be hampered in its efforts to protect the pub
lie peace. The most striking case, however,
Is the suspension of the act during the wars of
the French Revolution. In the year 1900 it
was stated that for Ave years out Of seven the
act had been suspended. The extraordinary
fermentation in the public mind, the imn.i-
nent danger which threatened from abroad,
and the consciousness which pervaded society
that the nation was then fighting for Its life, as
our own Is fighting now, were the motives
which induced parliament to confide such
powers to the ministry. 1t was declared by
the opposition that the measures taken repeal
ed the bill of rights and cut up the Consttu-
ton by the roots. Mr.. Fox went the length
of declaring that comparing the evils, he
"thonght the evil they were pretending to
"remedy was less than the one they were GO
"ing to infiict by the remedy itself"-a text
which is daily improved upon, one would say,
by our own opposition.
There are three instances from a long list of
cases, where in time of public danger it has
been found necessary in England TO Temporal
rily suspend this great writ. In the last of
these cases it must be said that the public Ii
berties were put In no small peril, by the ex-
tent of the powers exercised by the crown for
the pnblic defense. And yet where shall we
find people more jealous Of their liberties or
more successful in preserving them than the
people of England? Liberty did not perish
because tue government was made qualifed
dictatorship duriug the struggle with France.
Popular rights OF every sort were disregarded
with alarming frequency for years during that
contest, and yet they did not fail to revive
upon the return of peace. This country has
never seen, and we trust never will see, pc
riod Of such complete subjection to the will of
the government as England went through in
those dark years; and yet the British constitu-
tion came out Of that fire, not only unscathed,
but more vigorous and sound than ever.
What is there which should lead us to fear
that our own constitution is not able to bear
the exercise of an unusual authority, for which
1t provides by specivl provision? Are our
people so weak and so little tenacious of their
rights, or our government so grasping and so
hostile to our liberties, that II must be said
that these have perished, the moment It is re-
solved to resort to those expedient which 9TH
ers have used with success? We think not
We cannot think so poorly either of the Con-
stitution or OF the people of the United States,
as to agree that the knell of our liberties has
rung, when the representatives Of the people
have resolved to give the executive discre-
tionary power in cases of an extraordinary
Character. 1t seems to us on the contrary that
we nave here new earnest OF successful vi
gor, and fresh ground for the confident be-
lief that our own government, like Others, will
come out of a life and death struggle with re-
newed health and beauty.-lBoston Advertis-