The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-09-19


cient bond that England and France will keep
the peace towards US as long as possible.
The Habeas Corpus Pr0ci q m dion.
The Presidents proclamation suspending the
writ Of habeas corpus in all cases arising in
connection with the military and naval
branches of the public service is pretty much
another "Pope's bull against the comet, but
more inexpedieut 10 its results say some of the
timid sort, than was that sacerdotal fulmina-
tion The document from the chair of st.
Peter was intended to allay public excitement,
and no doubt accomplished its object, while the
last brrtun f,,laen over the signature of our IL
lustrious President, though perhaps made me-
cessary by the blunders Of Stanton, Wilson and
the other radical managers, can only tend, If it
have any effect at all, to re-entangle those COM
plex and knotty questions which were in course
Of being quietly solved by the liberal and loyal
moderation of our judiciary on the one hand,
and the wise concessions made to public senti-
perience and approved character OF General
Dix.
Amongst other evil effects to result from it
not the least will be the pretext it furnishes to
orators and journals Of the copperhead Sey-
mour type for backing out from their oft re-
pcated and absurd boast that they would 'test
the constitutionality Of the draft in our courts
Of law" We say "pretext;' for il will be no
more as the question OF constitutionality can
just as well be raised by application to our
State courts for an injunction to restrain the
Assistant Provost Marshal General from taking
any man whose name has been drawn from the
draft wheel Such an application will just as
effectually raise the question on which Go
vernon Seymour. for himself and friends. :"
professed his willingness to stand or fall, as If
writ of habeas corpus were sued out. But
the inability imposed upon them by the Pres-
dents proclamation TO pursue this course will
be seized with avidity by the copperhead
leaders as an excuse for avoiding an issue
which. if fairly tried they well know
constitutionslity Of the draft, and of the Pres-
| dents power to suspend the writ Of habeas
corpus in time Of rebellion. there can be no
shadow Of doubt as was very clearly proved
| in our article on this subject published yester-
day.
| But for the gross and criminal bluuders Of
! the abolition fanatics In the early management
! Of the war the draft would have been unneces-
| .ary: and, even in view of all the copperhead
opposition to its enforcement We think the
| Presidsnt's last proclamation inexpedent and
( unwise. Sagscious rulers will avoid az much
/ as possible any appearance Of invading the
| rights of the citizen, as guaranteed by the con-
/ stitutiou and our courts Of law; and, while of
| the perfect constitutional right Of the President
| to suspend the writ Of habeas corpus there can
be no rational or legal question, we hold that
policy should prohibit the exercise of right so
nearly allied to de,potic power except as last
resort and after all other agencies for the main
! tenance Of national authority had been tried
! and found wanting. SO far az New York is CEN
cerned, no plea Of military necessity can be ad-
vanced in justification Of the measure; for, by
the good temper, 6rmness and moderation of
| General Dix, perfect understanding had been
obtained with the judiciary--tbe military autho-
rites agreeing 10 use forbearsnce on all points
not essential TO the main discharge Of their du-
ties, and our State judges wisely resolving to
raise no factious opposition to the due enforce
ment Of the laws.
Il Is understood that the Presidents action
| in this matter was based on the pressing advice
Of Secretary Stanton and the apparent neces-
sisies Of the service in Pennsylvania, where the
copperheads had collected large sums OF money
and employed lawyers Of their own stripe in
every district TO sue ont writs Of habeas corpus
and raise vexatious and dilatory proceedings in
the case Of every man who was drafted. They
weut further; and it's we'll known that certain
copperhead sherias were organizing armed
NOSES 10 resist the dram and take fcrcible pos
session Of any men held TO military service under
It's provisions Evea this state OF facts, we think,
could have been couuteracted without the