East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-09-30

nation, so Tar as IL orders a suspen-
sion of the privilege of q writ OF ha-
beas corpus with regard to certain
class of cases, is violatiye Of an act of
the last Congress. We allude TO the
act of March 3, 1868, entitled an act
"enrolling and calling out the national
forces" The twenty-fifth section of |
that act is in the following words:
"fnd be IL further enacted, That if any
person shall resist any draft of men /
enrolled under this act into --tho \
service of the United States, or shall
counsel or aid any person TO resist any
such draft, or in the performance of
and service in relation thereto; or shall |
counsel any person TO assault or OBJ
struct any such office, or shall counsel
any drafted men not to appear at the
place of rendezvous, or willfully dis
suade them from the performance of
military duty as required by law, such
person shall be subject TO summary arrest
and he shall forthwith be delivered to
the civil authorities, and upon convic-
ton thereof, be punished by a fine not
exceeding five hundred dollars, or by
imprisonment not exceeding two years,
or by both Of said punishments"
Now, the proclamation of the Pres
ident suspends the privilege of the
writ of haJeaS corpus with regard to
personsarrested ''for resisting draft.
Suppose, then, the case Of a person
arrested in New York by the Provost
Marshal for resisting the draft i'll
that Stale The law says that ho
"suALL BE forthwith delivered to the
civil authorities" for trial and convic-
ton if proved guilty. The proclama-
ton says that the Provost Marshal
may detain all such persons according
to his will and pleasure. The privi-
lege of the writ of haJe0S corpus being
suspended as to such cases, the courts
are left powerless to enforce their own
mandates or to administer the law of
the land in this manner. Now, which
shall stand? The law of Congress or
the proclamation Of the President?
1t is plain that the President has
acted without due deliberation in is
suing this last proclamation, which
brings him, or his agent in acting un-
der it, in direct conflict with the letter
of law signed by him on the same
day with the law under cover Of which
he assumes to have issued it.
We know that there are those who
will be swift TO tax him with having
attempted an '''usurpation" in this mat
ter. We shall not deal i'll any such
insinuations, or bring any such allega-
tons against the Chief Magistrate of
the country, made such by the consti-
tuition and the laws, the former of
which he has sworn to preserve, pro-
tect and Defend" and to take care that
the latter be faithfully executed. -
If in any respect he seems to fail i'll
the performance of this high trust,
especially in matter so open to pub
lie observation as that under consid-
Grafton, it is much easier for US to
assume, in explanation of it, an error
of Judgment, or misapprehension OF
the true relations of the question, than
deliberate purpose on his part to
disregard his constitutional obligations
or TO trample on the chartered rights
7 of the American people. But this
candid consideration of the Presidents
make us vary a hairs breadth in sta
ting the law, or give us moments
pause in demanding that its sanctions
be observed equally by rulers and
ruled We have full faith that the
President will revise his proclamation
: in this regard so as TO bring it within
the limits and put it under the shield
Of the law He cannot expect to put
step to all judicial proceedings in
matters so vitality interesting to the
people. Nay, he has publicly engaged
to abide by the decision of the Su.
preme Court on the question that has
been raised as To the constitutionality
of the enrolment law To this effect
he wrote to Governor Seymour, OF
New York, under date of August Eth
as follows:
al do not object to abide decision
of the United States Supreme Court
or of the Judges thereof, on the con.
: stitutionality of the draft law. IN
fact 1 shall be willing to facilitate the
obtaining of it, but | cannot consent
to lose the tine while it is being OBJ
tanned"
Now, how can any such question
ever be brought before the Supreme
Court if the writ of h0beas corpus is to
be suspended in the case of all per
sons "enrolled, or drafted or muster
ed, or enlisted in or belonging to the
land or naval forces of the United
States Z" Is single test case to be
allowed by way Of grace for the pur.
pose of trying the question Then
the question ceases to be one of com.
mon right, open to the enjoyment Of
all, and lapses into matter of priv,
lege, dependent for its origin and it:
solution on the will and pleasure OF
the executive. The American people
have not so learned their own rights
or their rulers duties.
1t gives us no pleasure TO take these
exceptions to any declaration of the
President. But what else can we do
The law is so plain that he may run
who readeth, and we are set Tor it.
statement and its defence within the
humble sphere of our vocation. W.
cannot do otherwise than speak in the
! words which Congress has put into oul
mouth, for the law infringed by tn,
proclamation will stand to assert it
| just prerogatives, whether men will
hear or whether they will refuse tc
) hear. We sincerely believe that the
cause of the Republic is to-day more
damaged by disregard of law on tn,
, part of men in Office, and especially OF
the part of men in subordinate mill.
4o,.,, oo,,,,o,l tba,, hy III ,.tlo,, ,,.,.