Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-09-25


the writ Of habeas corpus, and yet desiring
to confer upon him all possible power to OPP
press aud harass dissenters from the policy Of
his administration, to clothe that oppression
with the forms of law passed, upon the last
day of their existence, what is generally
known as the "ISDEMNrrY BILL" whereby
they excused aud pardoned all that he had
committed prior to that date, and empowered
him in the future to 'suspend the writ Of
habeas eorqus in any case throughout the
United States or any part thereof, whenever
in his Judgment the public safety required it"
IL is under This latc that This recent prociamG-
tion is issued. He has surrendered his claim
10 suspend the writ by virtue Of his own
powers as president, and accepts the limited
power conferred upon him by Congress in It's
stead SO much has been gained.
We shall not stop here to discuss the CON
stitutionality Of this act The power to suspend
the writ being in Congress, Congress alone ,an
exercise it and cannot transfer its authority, by
general bill Of sale, to the executive depart
ment, no more than it could by general
grant confer legislative pnwer upon the Preii-
dent or the Judiciary But this is not within the
scope of our inquiry to-day. We desire to
compare the proclamation of last year with
the one now before the people, to show them
what brilliant victories they have already
achieved and what more brilliant and endur-
ing ones are now within our grasp Let MS
analyze the proclamation of September 81
1862.
The first thing noticeable in this document
is that it is issued by the President by virtue
of his own authority and as necessary mea-
sure for suppressing the insurrection.' He
claimed the right to proclaim martial law and
suspend the writ ofGhabedS corpus under his
"war powers" which, his facie and corrupt
attorneys assured him, were as ample as the
exigency Of any case might demand.
Next it will be observed that the first clause
of the proclamation distinctly establishes mar
tial law in regard to all persons described
within it and is levelled not only at "rebels
and insurgents but is chiefly directed against
"disloyal persons" in the loyal States "aiding
and abetting the rebellion, discouraging en-
listments, resisting drafts, or guilty of any
disoyal practice declaring that all such
shall be subject to martial lap and liable to
trial and punishment by court martial or
military commission. The second section
suspends the writ of hGbeas corpus in regard
to all persons arrested by any military au
thority whatever or held and imprisoned by
sentence of any court martial or military
commission.
The effect of this proclamation was most
monstrous. A military order was sufficient
warrant for an arrest and a complete justi6
cation for imprisonment in any miserable hole
that might be selected for that purpose, The
victim was brought to trial upon charges and
specifications made out by judge advocate
upon somebody's staff aud not indictment by
grand jury He was tried by court of ofi
GERS selected by the commanding general, and
not by ajury of his fellow citizens and i
found guilty, as was always the case, wa'
punished according to the discretion of the
court All this was exemplfed in the arrest
Imprisonment trial and banishment of oul
felow-citizen, Mr., VALLANDIGHAM
But new order of things has now been es
\ tablished Let US examine the recent procla
nation.
PROCLAMATION OF THE PRESIDENT
4 SUSPENSION OF THE WRIT OF HABEAs CoRPU
IN CERTAIN CASES
"WAsHMGToN, Sept Is, 1868
PROCLAMATION.
4 "WHEREAs, The Constitution of the Unite,
States has ordained that 'the privilege of tn,
4 writ of habeaS corpus shall not be suspended
unless when in cases of rebellion or invasion
the public safety may require it - and
WHEREAS, A rebellion was existing on tht
third day of March, 1868, which rebellion il
still existing; and
WHEREAS, by q statute which was approx
ed on that day, it was enacted by the Senat,
and House OF Representatives of the United
States, in Congress assembled, that durin,
the present insurrection the President Of th,
United States whenever in his judnment tn,
public safety may require, is authorized t
suspend the privilege of the writ of ha5ea
corpus in any case throughout the Unite,
States, or any part thereof; and
"WHEREAs, In the judgment of the Presi
dent, the public safety does require that tn
privilege OF the said writ shall now be sus
pended throughout the United States in case
where, by the authority Of the President Of tn
United States, military, naval or civil officer
ofthe United States, or any of them, hol
persons under their command or in their Gu!
tody. either as prisoners of war, spies, or aiC
ers and abettors of the enemy, or officers, SO
ders or seahen enrolled, drafted or mustere
and enlisted in or belonging 70 the land G