Litchfield enquirer., 1863-03-12
Communications.
CSppeFhsads on Suspensfon of the
 Habeas Corpus!


 CSpperhsads on Suspension Of the
 Habeas Corpus!
 10 he Editor cf kae Enquirer:
 Judging from the resolutions of the late cop. perhead Convention at Hartford, it is very evident chat two quite diverse elements en- tered into its composition. the one knavish highly charged with bluste ing. dogmatic de- termination to force down the throats of its members, a line of public policy whether ac- ceptabls or not; the other ignorance, devoid of all moral courage, and cowed into the adop. sion of resolutions, the condemnation ct men and measures, of which they seem to have no just and truthful conception. I know it re. quired but little wisdom and sagacity, for the Conventional to copy its resolutions, 50 far as it was able, from those ofthe copperhead Sen. ate of Illinois; but whenit comes to arraign the President of the United States, or the present Administration, with smJrsrs;ons oi the Constitution that requires the exercise of different order of talent, especially when the public are called on to accept the charge as trse and act upon it accordingly. Hers the Convention should have considered well it's words, for the sin of ignorance, they may find will furnish no excuse for such charge. Beck lsssness ofstatement runs throughout it's entire proceedings; statements which are foolish absurd, and contradIcted by the history of the past, statements put forth probably with a direct view to deceive and work temporary political advantage.
 I shall here call attention to but one ins tance, yet that is so palpable that he who reads may easily discover its falsity.
 They charge the Administration with hav- ing suspended the Writ cf Habeas Corpus. Ii they mean by this. that the administration by a legislatiue act has suspended Me ,crit, that is one thing, or if they mean that the President by an executive act has suspended Me Drit, that is another thing, but be it however which it may, deny both, and call for the proof. l deny that the Pres idsnt has, or can suspend the sc'it of habeas corpus. I deny that the administration evon has done Me act charged and whether they can do it or not is a m alter of some doubt. Nor will rest my denial on mere assertion. Whoever has read the Con stitution and knows what the provision is on this subject, knows that the Constitution is not conversant of the aUrit of habeas corpus. He knows that tho constitution is only con versant of the 1'rivilege to which a person wrongly imprisoned nay be entitled to aid him in dscharging himself from such imprisonment The Constitution says nothing about Me pra of habeas corpus as distinct and independen act, but simply of the right the picilege to have the aid, the use of the writ,by one wrong. ly imprisoned to discharge himself therefrom This is the Constitutional provision. The pr'rilegs of the writ of habeas corpus, shall not be suspended, unless schen, in cases of re- bellion or invasion, the public safety may re- quire it." Any reference here to the ,cra of habeas corpus! The writ of habeas corpus is one thing, but the right and priuilege of one to use it in particular emergency is another. The right and power to suspend, extends only to the pririlsgethe right to it's use. and the sus- pensions of the l'riuizege of the writ leaves the writ in full force. Look for moment at facts as they exist. The charge is, that the admin istion has suspended the ,crit. Can the scrit be suspended in particular locality or dis trict, and not everywhere. Can law be re- pealed or abolished in particular locality and declared to have no operation or effect there and yet operate outside of that locality ! Yet for the sake of argument admitting that the privilege of the writ ofhabeas corpus has been suspended in particular localities, who will be 50 foolhardy as to claim tha. therefore the srra of habeas corpus has been suspended or abolished in toto everywhere. Who does not know, and well understand, that the scris of habeas corpus is not at all effected by 2 sus pension of the privilege to useit! Who does not know and we'll understand that the rril exists in full force everywhere, as well in the locality or district where the prieilege of the writ is suspended, as outside of such locality or district where the priuilcye sf the writ is not suspended. The power to suspend the privilege Of the writis an acknowledged power It could not be otherwise, when that power is given by the Constitution.
 The suspeBison of the priuisege of the writ is temporary, and when the occasion which calls for the exercise of the suspendins power has passed away, the suspending order is revoked. But can this be done with the sorit of habeas corpus :? Can that be suspended and restored at pleasursi ! 7Ofeourse it cannot by virtue O. any constitutional authority, because the 0onl stitution does not reach the rrit of habeas cor pps, oply reaching the right to use it in . giver emergency, the right to derive fromita per sonal benefit. for writer on this subject ha. well and truly said, that 'this privilege is ps sonal and individual, not local but subsists ir remedy. ]"
 Now the scyif of habeas corpns existed lon before the adqption of the Consultation, g that by the incorporation of this provision in
 sf.s -ss.h. n