Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-09-11

H suspension Of the writ Of habsas co0pBs,"
has been heard from every speaking
stand Of the false Democracy for months.
The speakers of this kidney in ell their
harangues, or attempted arguments, ignore
the civil strife now existing, and the con-
sequently altered circumstances Of the
country and the Government, out Of which
grow new duties and responsibilities, and
new powers also. But these men argue
as if the country was in profound peace,
and denouDos that, as a usurpation Of
power, which grows necessarily and ineV-
itably out Of q state Of war. The safety
Of the State is the first object Of the Gov
ernment, and in a state OF war, WhsteVer
may conserve that object is awful and
constitutional. With a nation in life
and desth struggle, military exigencies
cannot wait on civil processes. The de-
lays and complications would often, indeed
generally, work mischief and ruin to the
entire cause might ensue.
In time Of profound peace 1t would
not be competent to suspend the writ Of
Adbsas corpus, to confseate the property Of
citizens, or for the Executive to issue
proclamation of emancipation. And yet,
in astate of war, such as this great and
alarming rebellion has involved us in,
these things, for the protection of the Gov
ernment, as military necessities, arc emi-
nently proper, and not in conflict with the
spirit or purpose Of constitutional law.
The stump orators to whom we have al
luded, cover up all these points by their
sophistries, in order to make case
against the Administration, and SO mis-
lead the minds, and inAame the predju-
dices of their partisan followers. A course
like this is uncandid, false, and knsvish.
We have in English history, in the re-
marks Of HOld Maynard" case in point.
After William and Mary, in 1859, had
been proclaimed the soVsreigns of Eng
land, it was proposed to turn the COnven-
ton then assembled into q Parliament.
This led to earnest opposition and to Vio-
lent discussions pro and con. The Wings
were in favor Of the change The Tories
were opposed to it. The debates we're
protraoted, sometimes acrimonious and
even boisterous. Even at the momeutous
crisis then existing, when the nation was
still in the ferment of revolution, public
men talked long and seriously about ex-
traneous, far fetched and inappropriate
subjects. Much was said, says Mscaulay,
about the history of writs; much about
the etymology Of the word Parliament.
The orator who took the most statesman
like view Of the subject was Old Maynard.
In the civil conflicts of forty eventual
years, he had learned that questions affect
ing the highest interests OF the Common
wealth were not To be decided by verbal
cavils, and by scraps Of Law French and
Law Latin and, being by universal 40
knowledgment the most subtle and The most
learned Of English jurists, he could eI-
press what he felt without the risk Of te-
ing accused Of ignorance and presumption.
He completely thrust aside as frivolous
and out Of place all that blaeklettsr
learning which some men, far less versed
in such matters than himself, had intro
duced into The discussion. Said he:
ave are, at this moment out Of the
beaten path. II therefore, we are determ-
insd to move only in that path, We cannot
move OF all A man in a revolution or
civil war resolving to do nothing which
is not strictly according to established
form resembles man who has lost him
/ self in the wilderness, and who stands eu-
| quiring Where is the Kings highWsy2
will walk nowhere else' In q wilder
ness man should take the track that viii
carry him home. In q revolution or civ
il war we must have recourse to the high
estlsW, the safety of the State"
In spite Of the elamors, threats and va
porings of the tory ooPDsrheads Of that
day, the sensible and saving doctrines Of
Old Maynard prevailed, and the stability
of the Government was ensured.
This seems to be case sptIy in point
at the present time, and may be commend
ed to the reflection Of the loyal, and cited
as an sdmonitiOn to the disloyAl,
We are in state Of Wsr-a civil con-
AicL The law Of self-prOservstiOn, that
first great law Of nkturs inheres, and We
we may properly have recourse to the
highest law, the safety Ofthe State.
This is the law of right OF jusiics Of
common sense. It is the recognized law Of
centuries. In the present conflict the SAL
vstiOn Of the Republic is The first duty and
whatever stands in the way Of the accom-
plishuent Of that object must be overcome
OF removed-whether it be rebels in arms,
the rebelliOn-sustaining system Of foul hu-
man oppression, or blatani, ,brazen traitors
uttering reasonable and disorganizing
words "giving aid and comfort to the en-
emy." Military arrests, the suspension Of
the writ Of habeas corpus, the eonfscstion
Of property, the emancipation Of slaves,
are ell proper as means to the safety Of
the State, in the rebellion now raging for
the overthrow Ofthe Government. Such
means have the sanction Of tbs laws Of
war, The law Of nations aud Of the highest
and most ancient preosdents.
Let no man, therefore, be deceived BY
the sOphistries and false CLOSES Of the art
ful, the designing,the traitOrOus, who ignore
in their harrangues the existence Of civil
war, and act against these absolutely
necessary measures Of Governmental self
preservation as if we were now rspOsing