New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-09-17

HABEAS CORPUS.
We print in another column the whole of the
Act of Congress, in pursuance Of which the
President has suspended the writ of habeas
corpus. A little study of its provisions might
have moderated the frenzy into which the in
surrcctionary journals fell on receipt of the
Proclamation. They would have discovered
that their rawlings about Bastilles and letters do
cachet, and star chamber imprisonments and
the impending doom of personal liberty were
simply absurd; yet it may be feared their read
ers would have been none the wiser for the
discovery A certain amount Of agony over
the proclamation seems to be considered neces-
sary for stage effect, and it would be cruel to
deny to our journalistic Kirbys, The World and
The Express, their rhetorical contortions and
final death spasm wrapped in the American
Flag. They have our free consent to repeat
the exhibition as long as the profits shall war
rant the expense.
To sober.minded people it will be sufficient TO
say that tie oct referred to makes every reason
able provision for the protection Of personal
liberty. 1t does indeed authorize the suspension
of the habeas corpus, but it also provides the
means by which all persons arrested, except
those arrested and held as prisoners OF war, are
assured judicial examination into the causes oil
their detention, and are practically remanded to
the ordinary jurisdiction of the United States
Courts.
The second section Of the act directs that the
Secretaries of State and War shall furnish to
the Judges Of the Circuit and District Courts OF
the United States lists of the names Of all per-
sons held ~ State or political prisoners. Inc
cases of such persons will thereupon 60 before
the Grand Jury, and if no indictment is found
against them 1t becomes the duty of the Judge
10 order them TO be brought before him, and
thcrcupon he may discharge them by admins
terng the oath of allegiance, or upon examina-
ton may require recognisance for their good
behavior, and for their subsequent appearance
as the Court may direct. II the lists are not
furnished by the Secretaries Of State and War
within twenty days after tho date Of the arrests
any citizen may, BY petition. bring the case OF
any arrested person before the Court, If not IN
dic,ed by the Grand Jury, and procure his dis
charge in the same manner and upon the same
conditions az above stated
II follows, therefore, that, excepting deserters
and other military prisoners, no citizen can be
arrested and held in consequence OF the suspen-
sion Of hahcas corpus, without the benefit of
judicial inquiry into bis case certain, as full,
4 1 4 To- lnl l. 1n-
bcas corpus had not been suspended. II arrest
ed and subsequently indicted by the Grand
Jury, he may be discharged on bail, if he is in
dicicd for n baiablc oilepsc. If arrested and
not indicted, be is brought before a United
States Judge, and the merits Of his case exam
incd By ,ha, Judge, precisely as they would be
on hearing upon a writ Of habeas corpns.
The only Inconvenience resulting To him from
suspension of the writ Is the delay which may
occur before be is granted hearing, but that
delay cannot extend beyond single term of the
court and in practice will doubtless be much
lees than a term.
The principle operation Of The suspension is
20 remove the cases If enlisted and draitedmen,
Of spies. of dcsericrs and of other prisoners held
for strictly military oiIenses, from the action Of
/ the courts; and 20 that extent the law, as we
showed yesterday, is necessary to prevent the
depletion of the National armies. The only
other oiYoc, Of the proclamation is toexclude the
state courts from the cognizanco If cases OF ar
res, by military or executive power. Whatever
criticisms may be offered on that ground Is met
/ by the answer that the Supreme Court Of
the United States had already judicially denied
the right Of the State Courts TO investigate such
cases. Ii the late Courts had respected that
/ decision, the necessity for this proclamation
might not have arisen, but they have gone on
discharging soldiers on all conceivable pretexts,
/ in utter contempt of the highest legal tribunal
in tho country, until the spirit Of discomfort
among enlisted and drafted men became rife,
and descrlions so frequent that the stcrncst pen
atty Of martial law was necessarily invoked TO
arrest them But for the disposition which the
Courts of this city and elsewhere had shown TO
defeat the execution Of the Enrolment act, the
more direct notification of il by dcscrion could
never have been encouraged and stimulated to
i,s present extent. 1t was quite time To deny
/ tho privilege Of issuing writs Of habeas corpus 10
diloyal judges, who have possessed that privi-
/ lcgc only 10 abuse it.
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ORR STATE AND CITY DE-