The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-07-29

$ and school honses, and destroys railroads that
avery may live.
And so vile men laboring desperately at the
ttempt to destroy the only Government that
an shield any part Of the country from the
anne bloody and desperate scenes which have
ust disgraced and nearly destroyed New York,
20 about the country denouncing the President
or refusing to surrender his authority. and for 1
the writ Of habeas corpus which ls !
thus being illegally and outrageously employed
10 shield all sorts Of crime. and 10 check all
Efforts Of Government for the restoration OF
peace and order.
But has not the President suspended the VIII
in some cases when Issued by National judges:
inquiries a sympathizer with the rebellion Yes
be has; and nobody knows better than those
who make an outcry about it that circumstan
ces fully justified the act. The cases have been
few indeed when the writ has not been obeyed.
when issued BY United States officer; aud
thew have all been Of the class Of Merryman, OF
Baltimore, who was sought to be discharged ID
the fr-t DAYS Of the Federal occupation OF that
CITY. No man needs 10 be told now that the
arrest Of that class Of men in Baltimore, alone
saved that city to the Union, and prevented
the recurrence of the bloody massacre which
first greeted the Union soldiers there on their
xay to the Capitol If to save the Union at all
hazards was justifable, the arrest Of Aerryman
and Marshal Kane, was justihabie. And there
il just as much sense in blaming the President
for their arrest as there would be in blaming
Grant for srresting 10000 prisoners at Vieks-
burg.
Whether the power to suspend the writ is YES
ted by the Constitution in the President or in
Congress has ceased 10 be Of practical impor.
tanco for the present This question had never
been determined when the rebellion broke out
In England the power is unquestionsbly in Par
lament, because it is a well settled principle O
their Constitution that the King can suspend the
operation Of no law But for our constitutional
provision which provides for the suspension O
the writ in time OF insarrectiOr or invasion
Congress alone could suspend it here. Whether
that provision confers the power upon the Pres
ident or not is yet 10 be decided. The Presi
dent took tho advice Of the Attorney Genera
Of the United States Oh the subject, and thai
officer who is the Presidents legal adviser, *
pressed an unhesitatng opinion that the Presi
dent Was fully vested with the power The
President acted upon that opinion, and savet
Baltimore and Maryland to the Union by shut
ting up for a season the implacable spirits who
were endeavoring to excite there precisely suci
riot as has just been suppressed at New York
Now TO speak of these acts of the Presiden
as unconstitutional, is to assume that the CoHr
will 80 decide, when in fact, the legal opinion 81
TAR is in their favor. Judge fancy has expires
sed an opinion the other way, but the Supreme
Court of the United States has never passed up
on the subject, and il is well known that in III,
prize cases and whenever action against the Reb
els has been taken, the majority of that Cour
has not been with Judge fancy.
II il idle to saw that eminent law writer's have
settled the QUESTION against the power of tn,
President in this matter They have done Il,
such thing. They have spoken Of a power t
suspend the writ being vested in Congress Tn
doubtedy Congress has that power. But tn,
country never had occasion to discuss the ques
ton whether the President had not also the sam,
power, until a rebellion arose of such magnitud,
and under such circumstances as to threaten tn
utter destruction of our liberties, if the Presi
dent, before he could exercise any power of ar
rest over those plotting treason, must wait tn,
assembling of Congress. Fortunately NO had
President who would not allow the Government
to be destroyed on a doubtful point Of Law.
But, gentlemen Copperheads. what are yor
going TO do with those State Judges of you
own party who, in defiance Of settled law an,
the decisions OF the Supreme Court devere
by fancy himself, are busy with the writ of ha
5eas corpus, snatching from the hands of tn
proper authorities the men who desert from on
armies, the spies who lead the army within ou
borders, the rioters who rob, pillage and nurde
in the interest Of Slavery and the rebellion; |
every crime to be pardoned that tends 10 de
stroy the Union, and every offence unpardonsbl
that tends to save it?