Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-10-23
ARnI lIARY ARRESTS UNCONsTI.
'toHr TUTIONALi &c.
Important Decision in the Supreme
... ..... Court Of NewzYOrIs.
IRlom lhe NeR York Nxpresl

Tho celebrated. case Of George w. Jones,
late Senator from lowe, %. VIM. II. Seward,
was decided this morning by Justlce Clerke, OF
the Supreme Court: "It was an action for
damages for alleged false imprisonment. The
defendants applied for On order Of this Court to
remove the action proceeding therein to the
next Circuit Court Of the United States, 10 be
held 10 aud for the Southern District of tho
State Of New York.
"Fhe defendant stated 10 his petition for
this order that the action was brought for aots
alleged t, have been done by him as Secretary
OF Stats for the United States of America,
under authority derived by him from the Pres
ident of the United States, In causing the
plaintiff 10 be arrested and imprisoned, or for
some other wrong alleged 10 haye been done to
the plaintiff under such anihpiIty during the
present rebellion. and that it therefore comes
within the act Of Congress Of March ID, 1863,
relating TO the writ Of habeas coYpns by which a
case may be removed to another court. ''
"The question to be determined being Wheth-
ef the President Of The United States during
vebellion can arrest any person not subject to
\ Military Law, without the process of come
court, this was question that would arise un-
der the Constitution Of the United States: o.
at cannot OF course be- pretended by the
IprerogstiVe that the Constitution confers il in
set terms. There is nothing in hat instrument
that can be tortured ilto the conferying Of such
p0tOsr upon the President IN his ei1L capacity aud
this, II appears 10 me, plai1ly disposes of the
question; for 1t would be asserting the greatest
ioontsadiclion and slraDgeet anomaly 70 say that
absolute and UNLIMITED power, equal-t0 any ex-
ercised by Gear or Sultan, can be implied by q
Constitution which gives no p0ger to aBy de-
lpsrtmeIt that 10 not specifically set forth, ex-
lcept simply the consequent right to employ all
Illegal neans necessary to the execution Of the
lpower. y...- .--. --r.u ..I., r -g' s
"lt there 10 Ything beyond all controversy
IN the constitutional history ot the nation, il 10
tLat the purpose OF the Constitution aud the
iprovisions which il contains, we're, iof coz
siderable time before It'll adoption, thoroughly
discussed by the people aud their delegates in
convention, and any man protesting to confer
Unlimited power on any department. of the Gov
ernment, on any pTetezt, ,oOuld not haoe been
deemed sane" fs.r- -.r- p... LID 4.
After referring to the constitutional hist osY
of the United States and England, the learned
Judge remarks: , -r#-t .rW
i Gould ittbe supposed that the fEamere of
the Constitution intended any such poWef as
that claimed 10 the present Gaze, either express
cd or implicit If they intended dlctatosRhip
to exist undtr any emergency, they would no.
leave IL to the Chief Executive to assume il
when he may in his discretion declare necessity
required it, but would have provided that this
necessity ehould be declared by Congressi and
that the Legislative power alone should select
the person who eheuld exercise IL That the
President Can assume such power is an extrav
u agsnt assumption which cannot be ensertajne,
by any court. No Auch inquiry can arise unde
IN tuki0 0f tha Ia H.
! not reach the proportions or stature of gnes
tion. .a. a. Ta II. -t ~
"Mr. Liucoln as q military commander cal
POSSESS no greater power than IL he were no
President. Suppose the Constitution vested th,
command .inschief of the army and navy ir
come person other than the President CouIC
F.; this funclionsry subvert the Constitution ,aut
Lass under the plea of military necessity
Surely mt"
The learned Judge thus concludes:
"The power fer which the defendant con
tends is plainly not necessary for the safety O
The nation. and is not conferred by the Consti
tuition. When that safety shall be endangered
within the immediate theatre of ineurrectlon o.
9 war, the Commander f-in.chlef and his subor-
dinates are judges Of the occasion, but beyont
that the ordinary course of proceeding 10 th
Courts of Justice will be sufficient to punisl
any pefbUub WIZ Iufuiru iuturmhuuup huOIu all
!, to an enemy or betray their country. 10 cas-
of emergency, caused by invasion or insurrec
tIon, tho powers expressly given by the COhsil
!, tuition and the acts of Congress 10 repel the on
and suppress the other are ample aud effective
Ii requires no exercise Of an extraordinarv
power over the sacred rights Of personal liber
" to accomplish tais. It is manifest that II /
beyond ell controversy, that those rights, Il
war or in peace, during invasion or dOmesti
violence, even during the hidsous rebellio
= which nov confronts us, exist in cases which
have stated, and are inviolable. pc5 q.
"The President, therefore, whether In hi
civil or military capacity as Commsnder.in in
lchef, has no such power as that claimed 70
= him. rrr s.
= "The ground upon which the application
= made has no foundation In right. IL cannot b
entertained as question ,n any State, or In th
J, United States Courts. The only question
= this motion worthy of confederation and Whlc
u can be entertained, does not arise under tf
Constitution of the United States, but is clea
ly within the jurisdiction Of this Court, I'll
motion is denied with costs"