, 1863-12-26

can say he will not be arrested by the COM
mander of Fort Walla Walla before another
sun down? 1t would be the return from
such military officer, "we hold you by au-
thority of the President of the United
States"
This is not the law, and the commandant
can have no such power. First, because the
President of the United States has no such
authority. Second, because the President
has not in this case attempted to usurp this
autho'ity, nor has he given any order to
Coqaastoinberger in this case.
In regard to the suspension of the writ of
Habeas Corpus, there is only one Constitu-
tional provision. 1t is under the head "lim-
itation powers of Congress-" Sec 9, Art.
LIST, and is in the following words:
Frhe writ Of Ha6eaS Corpus shall not be
suspended unless when In cases of rebellion
or invasion the public safety requires it."
The power of suspending this writ, then,
belongs solely to Congress, and ONLY to
Congress, "1ohen IN rebellion or inUasion the
public safety requires it. Therefore, Con-
gress has no power to suspend the writ ex-
cept in the occurrence of that contingency
But who is to judge whether the coontln-
gency occurs which vests this power Ger
tainly, in the first instance, Congress but
like any other constitutional question it
must be finally settled by the judicial arm
of Government, and if Congress should un-
dertake to suspend the writ when the con-
tingency vesting in Congress the power to
do so had not occurred, any citizen could
appeal to the courts of law to liberate him
from illegal confinement, and the Court up
on every application for the writ must de-
eide whether the writ is, or is not suspended
in that particular case, and of course, would
take into consideration whether the rebel
lion or invasion was of character to au-
thOrize the suspension of the writ.
The Act of March Sd, 1868, does not of
itself suspend the writ, but attempts to del
egate that power to the President If Con-
gress can delegate one of its powers, it can
another, and each and all of its powers and
by the same principle, utterly destroy this
branch Of the Government. This would
change the Government so much, as to merit
the name of complete revolution 1t is
plain, from every judicial decision, and ev-
cry rule Of reason, that Congress cannot del
egate its powers, and an attempt to do so is
mere nullity.
Therefore the President has not authority
to suspend the writ in any case. But Con-
gress, by the above mentioned act, attempts
to do more. 1t specifies that a return, sta
ting that a party is held by authority of the
President Of the United States, shall be suf-
fcient to stop all inquiries into the legality
of the arrest. This, if Constitutional, would
transfer all judicial power from the civil
courts to the military officer holding citi-
zen in Imprisonment. The military officer
is by this mode superior to all law and his
acts only to be adjudged by himself; plac-
ing him above responsibility to all law, and
the liberty of the citizen to the action
of his will.
The Constitution, Art 5th, Amendment,
says that no person shall be deprived Of
'hfe, liberty or property, without due pro-
cess Of law" All Courts have decided that
this term "due process Of law" means
trial by a regular civil court with its officers
and jurors, but if the citizen is in prison he
cannot be afforded even a mockery of a
formal trial; but is held by an arbitrary and
unconstitutional usurpation Of power. Con-
gress attempts then, by the above act to
first delegate its own powers to the Presi-
dent, and then to delegate the power of the
civil judiciary to military officers
The Congress and Judicial Department
of Government destroyed, the whole Legis-
latiye, Judicial and Executive Departments
Of Government vest in the President.
lie at once legislates upon all questions
executes the laws he himself makes and ad-
Judges whether he has transcended his pow
crs In a word, all persons hold not their
right to property, liberty and life by virtue
of a Constitutional provision, but only at
the will of the President This would be
reyolutionizing the country from Republic
to a Despotism not less oppressive than that
of Russia. Where then would be our Con-
stitution and the protection Of private rights?
But the Act of March Sd, with all its ex-
traordinary features, does not undertake to
empower the President to generally suspend
the writ. 1t says, ''in any CASE within the
United States" Therefore, to justify, even
under this act, the officer must show an or
der of the President in this particular case
before he eau Justify even under this revO-
lutionary act. Col Steinberger does not
pretend that he has any such special order
from the President He imagines that if he
chooses to arrest any citizen and the citizen
calls for an investigation of the cause of ar
rest, few strokes of his pen will suffice.
Such suspension Of the writ Of Habeas
Corpus would be in effect, martial law. 1t
places the dictum of a military officer above
civil law, and makes us all hold our liberty
at the will of the commander of the nearest
military post.
When thespublic safety requires it, every
man supports the necessary act Of proclaim
ing martial law If an enemy was menacing
our town, who would not aequiesce in Col.
Steinberger ruling with the iron hand Of
discipline
Gen. jackson, in case of great emer-
gency and danger, forced martial law upon
New Orleans He was fined for this act,
$1,000, and under all the necessities Of the