The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-09-18

tured by Admiral Farragut q number Of steam
ers were also taken. These were appraised and
turned over to Gen. Butler but have not yet been
paid Tor. Here 10 a very nice sum of money due
by the War Department TO the Western Gulf
squadron that the officers and men cannot
obtain. We know where the delay is in this
case, and who has the money, and desire some
information as to why it has not been paid over
and distributed There is no law with these
\ captures; it is all plain sailing. Consequently
there should be no delay whatever
The case Of the steamer Memphis is one that
furnishes sufficient proof of how much delay
there is in the fnai settlement OF prize cases.
This vessel was captured in July, 1862, four
teen months since, by the United States steamer
| Magnolia. She was out Of Charleston, with
full cargo. There was no appeal in the case.
She was at once taken by the government, and
has been for at least year an active cruiser.
Her cargo was stored. 1t consisted of eleven
hundred and ninety eight bales Of upland and
three hundred and forty bales of Sea Island
cotton, together with FIVE hundred barrels Of
rosin, and was not sold until the 10th instant.
1t has been appraised four times, commission
| being paid each time and the probabilities are
that months will elapse before the proceeds of
this sale are ready for distribution. We should
| like to know the reason for the delay in this
one of the plainest, if not the plainest, cases
that have come before our courts since the
commencement Of hostilities.
The President's Habeas Corpus ProcIa.
nation and the Act OF Congress ON tho
Subject.
For the information of our readers, we re-
publish to-day the act Of Congress under which
the President of the United States has issued
his proclamation suspending the writ of hsbeas
corpus, in certain cases, throughout the length
and breadth Of the land.
In the first article Of the federal constitution,
which relates to the powers granted and the
powers denied to Congress- it is ordained that
''The privilege of the writ Of habeas corpus
shall not be suspended, unless when, in cases Of
rebellion or invasion, the public safety may re-
| quire it." We have a rebellion and, in view
of the "public safety" Congress having au-
| thorized the President, in his discretion, to
suspend the writ, he has at length issued his
proclamation in pursuance Of the law. He
has the law and the constitution on his side
and yet among our copperhead contemporaries
there is general cutlery of Unconstitutional
ty" raised against the law and its execution,
against Congress and the President For example:
While one of our copperhead journals Of this
city declares the law unconstitutional, in this,
that Congress delegates its power to the execu-
tive department of the government another of
the organs Of the lighting peace faction says
eve hope that Governor Seymour will make
null the Presidents proclamation, and relieve
the anxiety of the people by counter pro-
clamation." This has the odor of treason; but
why stop at this half way measure? Why not
as well call upon the Governor. in behalf Of
peace, to inaugurate civil war and anarchy in
the streets Of New York rs to issue this coun-
ter proclamation In this way the silly cep-
perheads, with their professions of devotion to
| the constitution, excite only the disgust and
contempt of every man who is not knave or
| a fool.
The President is acting under the authority
of law of Congress, which, according to the
constitution. is a part Of the supreme law Of
the land" anything in the constitution or the
laws Of any State to the contrary notwith-
standing" II. then, Governor Seymour, under
the State constitution and laws of New York,
could find any authority for this aforesaid coun.
ter proclamation" and il he were to issue it,
the thing would be as much nudity as If issued
by JEFF Davis. According to General Jackson,
and every other sensible and loyal man, law
of Congress must be obeyed until repealed or
suspended, or until declared void by the COM
petent tribunal, the Supreme Court The Pre-
sident's suspension Of the habeas corpus, in pur-
suance Of the law. can be reversed in no other
way. There is an end Of all law if Tom, Dick
or HAIRY is to be his own expounder of the
| constitution.
The expediency of this suspension Of the
writ Of habeas corpus is another question.
| The President, no doubt, has found this suspen-
sion to be not only expedient, but necessary, to
raise, under the draft the soldiers needed to
| reinforce our armies in the field The act of
| Congress was passed in anticipation of this ne
cessity. 1t is but one Of that schedule of ex.
| IRENE measures whereby the administration is
practically invested with the powers Of an abso-
| lutte despotism. These measures were passed
| upon the plea Of "a vigorous prosecution of the
| war" and as war measures; but had the war
been vigorously prosecuted in 1861 and in
| 1862 there would have been no necessity for
either the Consumption act or the suspension of
the habeas corpus in 1863. The rebellion would
have been extinguished twelve months ago.
But the emancipation schemes. intrigues and
proceedings OF the abolition faction in Con-
! gress, in the Cabinet and in the country. ar
rested a vigorous prosecution of the war;
embarrassed the well considered plans and
combinations Of our best generals, brought
defeats and disasters upon our finest armies,
| and doubts and divisions among the people Of