Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-02-02
rightfuIly extend beyond the fell of active ope
ratons of the commander.


But illegal arrests would not have been as op
pressiye if the privileges of the writ of habeas
corpus had remained inviolaie, for, in such case
the Imprisonment, If unlawful, 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 ar
rest There is doubt but that the writ of
habeas corpus may be suspended in cases of
rebellion or invasion if the public safety require
it. But it is Of vital Importance to the people to
know by what power the privileges of this great
writ can be suspended, and at whose will their
liberties are held. The power to suspend the
writ OF habeas corpus exists in the legislative
and not in the executive branch of Government
Such has ever been the course of judicial opinion
both in England and America In our National
Constitution the provision in reference to the
sus0ension of the writ is enumerated among the
powers delegated to Congress. The representa-
tives, coming from every State and district and
more Immediately representing the people, are to
decide when public safety requires its suspen-
/ sion.
THE WRIT INTENDED TO BE PROTECTION AGAINST
EXECUTIVE POWER.
| If it had been intended that this great power
over the liberty of millions should be deposited
| in the breast of one individual, it would Lave
been stated in the Constitution in express
terms The writ. i'm its origin, was intended to
relieve from the abuse of Executive power. and it
would be a pa pable absurdity to vest the suspen-
sion of IFS operation in that department of gov
eminent, the action of which il was designed to
review and restrain. Ii is as much departure
| from the Constitution, and almost as dangerous
in its tendency-lor one department of the Gov
ernment to infringe upon the province and assume
! the powers delegated to another department, as
it is to usurp powers that have never passed from
! the people.
Il
TUITION.
] In the absence of other authority to Justify
these arrests, Imprisonment and denial of the
/ writ OF habeas corpus, new power has been in
/ voked, iamilarly called the war power of "mili-
/ tary necessity" 1t is claimed that this power
overrides all others. and vests in The Executive
1 of government III time OF the right, as mil
tary commander. to 90. in any part of the coun-
/ try, ANYTHING which he NAV think will best sub
due the enemy This power, as claimed, virtu-
ally suspends the Constitution ia time of war 1t
/ ignores all branches of tile Government except
the Executive BY it Congress cnn be dissolved
/ at pleasure, and the Courts can be suspended
/ BY it every member of Congress and every Judge
| in the land be imprisoned, il it be thought
/ the best means To subdue the enemy. By it the
vaults ST the banks can be entered, and the treas
ure taken theretrom without pledge of payment
or return of money, at the time being considered
"military necessity" As this alleged power is
limited only 10y the will and discretion of him
who exercises it, there is conceivable form of
outrage upon individual rights or public interests
that cannot be perpetraed under it.
All legitimate power is subordinate to the
Constitution ANY other doctrine would give to
one man, in time of war, power co extensive with
his wil-or, in other words, despotic power.
The motives with which this power may be
used are various. Suppose the motive good in
one Executive, is there any security that the mo
tive of another will be pure? Again: the motive
may be pun c, and vet there may be radical error
of Judgment. But we are not now discussing
motives. 1t is against the principle we protest,
in the name of the people of a sovereign State.
Precedents are being established, and all history
against encroachments of power.
But, whatever NAV be the motive with which it
is exercised. unauthorized power docs not tend to
subdue the enemy. lt may be taken as an estab-
llshed prlu,lp.e that no violation OF law or as
sumption of power, however good the motive,
adds strength tn government. ANY apparent
temporary advantage Will be overcome by the
weakness which general consciousness of nse
cnrity OF rights necessarily engenders. That gov
ernment only Is truly strong which keeps within
It's constitutional limits The true friends of the
Government of the United States, who desire lis
per!'etGity and the perpeinilyo the Union, have,
therefore. regarded the exercise of this assumed
power with great apprehension.
EMANCIPATION UNCoNSTITU UTIoSAL.
The chief fruit of the ''war power" is the
emancipation proclamation, which, If it be cOnst
tutiomal, at once yields To the Executive, not
merely legislative powers, but legislative powers
beyond those which Congress can lawfully exer
else II Yields Ia the Executive alone what by
the Constitution Congress and the Executive
combined Cannot legally do. Ii assumes that
mere edict OF an Executive officer change the
domestic relations OF communities, and repeal
laws guaranteeing the ri shi> of property in whole
States and districts whether that proI erty belong
to the loyal or disIuAal Not only is the consti-
t1tiOnality Of this proper subject OF free
inquiry. but the policy o emancipation. if cOnsti
tutional, is theme which cmlIot be avoided
This question should be examined, not only in
reference to interests. but also in reference TO
the interests Jf the race we find in servitude
We should look it, only with the eye of
reason. but with the eye OF humanity.
THE MEASURE CRUEL I'd THE SLAVES
Has any satisfactorily answered the
question, how the SIden liberation of three mil
lions of beings without property without homes
without edncaton, industry. or enterprise sufi
cient to provide for themselves; beings, in their
present condition. not self sustaining, is to bene
fit either the white the black race? Where
are they to goY To cOlonize such multitude
even L. piace cOuiu be pfOfufcu anu tllel WOulu
be willing to emgrate, would involve the nation
in irretrievable bankruptcy Should they wan
der North, as many fear, and against which prob
ability some States have already provided, they
would be under the worst form of social slavery,
and the burdens OF taxation and debt now upon
us would be 50 increased as seriously to embar-
rass remote poserity.
EFFEcTs Upon WHITE LABOR.
We are told that there would be neither more
nor less room for labor, and that, If they should
come here the white lab0rers can exchange
places with them Are we willing Tor such an
excllange2 Woald either you their condition
be improvedl What then Il to become of them?
Does any sane man believe that two distinct races
of men, OF different color, who cannot by any
means be brought into social equ,lity, can long
exist in the same locality. in almost equal mum
bers, without one race becoming subject to the
otherl
DANGERS OF \ sERvILE WAR.
Are we to violate the rules of civilized warfare
by inviting and encouraging servile nsurrection.
which, after it has borne lis bitter fruits OF ndls
criminate slaughter. must inevitably end in the
| determination OF the servie racer Is it humane
To subject these unfortunate beings to this conse
auence? Ii the abolition of slavery be neces-
sary consequence of the war, both races will
| have to endure the evil which ia their present
condition it would bring on them; but to make
emancipation the object OF the would be to
use the treasure and blood OF the country to
carry out the political views which to great
extent produced the war, would be in bad faith
to the nation, and especially to those who have