The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-06-10
The War Power az she Constitution

The War Power az she Constitutio"-
T. Is an admitted f,ct taat raordlaIN x |
seucies sometimes arise III the history OF 5oih
il dividgals and nations, which require depsr-
ture from those ordinary rules Of conduct LAID
down ia the laws, whether natural OF statutory
For example: IL is very unlawful to kill man
ia the ordinary walks OF life; but it self preser-
walton demands it, all law sanctions it. This Il
case AZ strong a. can be; and if We may, in
self preservation, go 70 that last degree OF vio
leace to which human power can reach, surely
we are justified in putting forth more limited
amount Of fo-ce to prevent an injurious person
from carry wing out as purpose.
This p-incple Is found operating in every de
partment of animated nature, from nan down
wards aad il inneres as well in organized com
musties. and enters into and provides their OF
ganic laws This is the principle that justifies
defensive warfare between nations, and it is the
same principle which renders il not only our
right but Our duty 10 crush this rebellion, and
10 restrain those who misuse their liberty by
sowing disafiection in the army aud among the
Z
euce, enervating the arm Of the Government
and strengthening that of the enemy at the very
moment when the two are in fierce and deadly
conflict And it is TO this very end, and TO meet
such cases as that which now exists, that the
authority 70 suspend the writ of babeas corpus
il conferred by the Constitution Gen. Jackson
suspended it on this principle at New Orleans
and President Lincoln suspended it in the early
period Of the present war; and Congress in both
cases sanctioned the action, for both were wise
aud necessary exercises Of arbitrary but not un.
lawful power.
No people under heaven are more jealous OF
their personal rights than those OF Great Bit
ain, Yet, when the public safety requires it,
none are more ready 10 acquiesce ia the exer
else Of these extraordinary powers Of Govern
ment, which are only put forth when the ext
gencies Of the case demand it. When the troub
les in Ireland commenced in ls4s, the Wing
Ministry, through Lord John Russell, introduced
bill empowering the Lord Lieutenant of Ire
land and deputies to "apprehend aud detain, un
I'll March, 1919, such persons as they shall sus
and Government" This was a suspension o.
the act OF habeas corpus for al Ireland-th,
loyal North well as the disahected East an,
the rebellious South and West. The bill wa.
introduced in the House, and went through al
its stages to its final passage in one dsy ane
on the next day it, in like manner, passed tn,
House Of Lords. In both Houses the yote wa.
unanimous. hven the Irish members did moi
vote against it. Even Lucius O'Brien, the
brother of the rebel leader, gave it his support
The leaders Of al the various parties supported
&c, though parry spirit very high at thai
period
Sad Lord Brongham, in the House Of Lords
" friend Of liberty have lived. and SO
shall die,-nO do care how soon that NAV be
It l cannot DC she friend Of liberty without being
the friend OF traitors at the same time. withou,
being the protector Of criminals, without being
deemed to be the accomplice of foul rebellion
and ts c0ncOmitaut civil war. with al its hide.
Gus train Of atrocious crimes Ii is because I
am "A friend OF liberty that detest the approach
OF bioodshed, that detest the conspiracies that
are brewing in the sister isle. The noble Mar
quis, Marquis Of LaLsdewne) mas informed u
I
measure which invests the Government with
needfal, aud no mere than needfu powers, be
Immediately adopted"
Lord Stanley, now Earl Derby. said:
" think hat the Government mas asked for
the right remedy. think the re-nedv Tor which
they have asked IS one which will strike the
night persons, and strike them within the right
time. avn not one Of those who would seek
Tor victims among the creduious dupes of the
incendiafy agitators OF Irelaud-dupes who
VIII BE- put onward IN the front ranks tor the
purpose OF committing crimes and outrases
Go not desiie-GOd forbid that | should-that
upon them the severest penalty of the Law
should fall. No; desire it should tan nnon
those who. well knowing the CONSEQUENCES OF
their conduct-whO well knowing the falsenes.
OF their pretexts-who, well knowing the fatal
effects that must follow from toe doctrines they
preach, evince readiness to sacrifice every
thing TO their passion ard their sordid interests
sud Tor their own purposes do not hesitate to In
voiFe their irisndless and too credulOus fellow
couhtrs mel IN the guilt OF treason aud dangers
OF civil war. The persons | wish 10 see pun
shed are those who have sufficient skill. who
have sufficient Information and Intelligence 70
keep themselves free from such legal guilt A.
would bring them under me ope alton Of the
law, "lih he probability Of a conviction. but
who, nevertheless. are morally guilty ia the eve
OF God and man, Of the crime cf melting 70 tr-a
son. murder, rebellion aad civil war fsvo-
the measure nov proposed. chiefly because br il
means We shall get rio ct all doubt and Difficult
ties-we shall have 10 more Of the DELAYS Of the
laT-so more OF that chic4nery which encour
ages evil doors TO hope for Ultimate escspe. and
which is certain 70 cause -gch Drocrasliaation
that when at length the sword Of justice falls
the example does rot produce bait the effect il
ought TO have"
10 the House Of Commons, Lord John Russell
said:
believe IA nv conscience that this meas
ure IS calculated TO prevent Instruction, and 70
preserve eternal peace, 10 preserve the unitv Of
this empire, and TO save the throne OF these
realms AID the free institutions Of this country.
SIR ROber, Peel said:
II, for one, am perfectly prepared 70 izsi.,
on no ordinary powers. / believe tina, the Gov
ernment i justified il asking for this measure
/ believe the measure itseif-the power 70 an
pre5end on suspicion and keep tie conspi-stors |
in conference.-the necessary. | will not urge
on the Ministry measures Of greater coercion 1
than those their Own responsibility demands
but thi- =sy, a. 70 hing but necessity can ius
tify the suspension Of tie ha5eas corpus act. The
same necessity makes immediate action dssira-
be-"
Nr. DIsreal said:
- Z