Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-01-27

ion in reference TO the suspension Of the
writ u eoumersted> among The powers
delegated to Congrss. Tho rcpresen-
tativcs, coming from every State and
distri:t and more immedistsly repre-
senting the people, are to decide when
public safety requires its suspension.
THE WRIT INTENDED TO BIZ PRoTEcrIoH
AGAINST EXECUTIVE PowER.
II it had boon intended that this great
power over the liberty Of millions should
be deposited in the breast Of one indi-
vidual, it would have been 90 stated in
the constitution, in express terms. The
writ, in its origin, was intended to re-.
lieve from the abuse Of the executive
power, and it would be q palpable alb.
snrdity to vest the suspension Of its OPP
Grafton in that department of govern
ment, the action of which it was design.
ed to review and restrain. It is as much
departure from the constitution, and
almost as dangerous in its tendency, for
one department Of the government to
infringe upon the province and assume
the powers delegated to another depart.
ment, a. it is to usurp powers that have
never passed from the people.
THE WAR POWER DoKs NOT SUSPEND
THE CONSTITUTION.
In the absence OF other authority to
Justify these arrests, imprisonments and
denial of the writ Of haJeds corpus, =
new power has been invoked, familisrly
called the war pc xcr Of military ne
cessity.' 1t is claimed that this power
overrides all others, and vests in the
Executive Of q government in time Of
war the right, as military commander,
to do, in any part Of the country, any
thing which he may think will best sub.
due the enemy. This power, As claimed,
virtually suspends the constitution in
time of war. 1t ignores all branches OF
the government except the Executive.
BY it Congress can be dissolved At pleas
ure, and the courts can be suspended.
BY ii every member of Congress and
every Judge in the land can be impris-
oned, if it be thought the best means
to subdue the enemy. BY it the vaults
Of the banks can be entered, and the
treasure taken therefrom without pledge
Of payment or return Of money, at the
time being considered military ne
cessily." As this alleged power is limit.
ed only by the will and discretion Of him
who exercises it, there is no conceivable
form Of outrage upon individual rights
or public interests that cannot be perpe.
trated under it,
AL legitimate war power is subordi.
nate to the constitution. Any other
doctrine would give to one man, in time
OF war, power co-extensve with bis will
or, in other words, despotio power.
The motives with which this power
may DO used are various. Suppose the
motive good in one Executive, is there
any security tina. the motive Of another
will DO purel Again the motive may
be pure, and yet there may be a radical
error of Judgment. But we arc not
now discussing motives. 1t is against
the principle We protest, in the name OF
a people Of sovereign State. Prece.
dents are being established, and all his
tory warns US against the encroachments
Of power.
But, whatever may be the motive
with which It is exercised, unauthorized
power does not tend to subdue the enc.
my. 1t may be taken as an established
principle, that no violation of law or as
sumption OF power, however good the
motive, adds strength to government
Any apparent temporary advantage will
be overcome by the weakness which .
general consciousness of insecurity Of
rights necessarily engenders. That
government only is trul Y strong which
keeps within it's constitutional limits
The true friends Of the government Of
the United States who desire its perpe.
tuity and the perpetuity of the Union,
have, therefore, regarded the exercise OF
this assumed power with great sppre-
hension.