Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-05-25


principle mass apply ia lis expedition, Whsnsssr Con-
gross shall be cOnaaned To txsrcee tbe hgh prerosl.
i've Of s1spepdng the writ of habeds corpus for the
public safety, in times of rebellion or iavasioo
Blu: the falAoJ of the position, that the power 10
suspend the writ OF ha6sds corpus Ia controlled and mod
fed by the cauie of the 18th paragraph securing the
right Of personal liberty becauss the former ia an i'm
Piled power, and the latter positive and substantive
right without qualification or limitation ia its terms
Is made manifest when applied to other provisions OF the
Constitution, analogous TO that In relation to the sui-
pension of the writ of habeds corpus. Thus, lhe first
clause Of paragraph 10 con airs provision, subec.og
persons In The land and naval forces and In the militia
IL ual service in lime oil war, 10 other tran Juaeia
proceedings OF the same character as that IA rela-
ton TO su pending the wit of hGbeds corpus. The
phrassoogy s ne FIy the same in both Gases. "rhe
privilege of she writ OF Habeas Corpus snail rot be
gu pendsJ Wltss When in Of rebellion Ortnvasio
the pull safety may qure it"--pas. M PEI
sou shall be held to Tor capital or otherwise III
famous crime, unless presetnen or Indictment e1-
espt in arising IN the land and naval forces, or
in the militia when in actual SERVICE n time OF war or
public danger-pAr. l6. If the poser in par. be sn
implied one 90 is that In par. 10 and Do true, that
this positive guaranty Of immunity from arrest except
by due course of law controls and overrues the pro-
ysOn as TO suspsndng the writ Of HdbeGs Corpus be-
cause that ia implied powell for the same reason,
must IL control thaE in reatiofto the land aud naval
forces and being subject &c other than judicial arrests
and trials. For they are equally implied powers, and
both have reference 70 exraoreaary proceedings, aad
they must DO h equally come wtln the controlling To-
Aueuce OF tbs great personal rights secured BY pa 10,
aud OF the rule of construction cOntended for. Bat
what Is the result the clause OF par. l6y There
would be no power in the military authorities, in lime
OF war to any officer or soldier In the army for
any ofsnos whatever all the rules and articles OF war
that subject passe1 by Congress, giving summary
powers 10 military tribunals unconstitu iona and
void, and all punshnelts Lf cted under them are law
less and despotc acts the military authorities are pow
erless to enforce discipline; and there Is ID adequate
power 10 control the army! But the whole argument
Is asc ous and the truth is that both The stand
upon the principle in both, extraordinary pro-
csedngs contemplated from the nature and neces-
sy OF each thsy both exceptions 10 the rules
securing private rights specified in the Constitution, and
must both be interpreted with reference 10 the over
Iuiug consideration OF the public good, which they
were lltende1 70 SubserVe.
IL is PROFESSIONALLY true, that the grant of the power
Congress necessarily carries with t the light drudge
OF the Contingency requiring its exercise, and 10 pre-
scribe the in wien The suspension shall take places
for tue pcer bsng general au0 extending 10 all cases,
II deemed necessary by Congress to he puoic safety,
il clear taat IL may be exercised TO les extent end
ia particular deemed by Congress necessary the
pubic safety. And this is the adopted the cot
in queson-a course in coLsonancs with the spirit Of
the Constuton and less oppressive TO the citizen than
| q total suspension OF the writ in all cases.
DuJ Iboo dbhiubb buo VI hSb,
that not only pends the writ Of ha6sds corpus in
cases OF arrests made In violation of the Constitution,
confers the President the power 20 order any
tizen be arrested and to have him tried by officers
of his appointment and under his control, instead
the udcial officers OF the country-tnereby placing
the liberty OF every cz ~ the will Of the Presiden
or the SecTetaryoI War.
This objection is moro specicus than sound. II is
above shown that Congress had the power during the
preseLt INVASION to suspend the writ OF Habeas Corpus
In AL OF persons arrested whether u1der u1cal
warrant or BY military commanders Tor fsnses daE
gerOus to the public safety II that course had been
adopsedsmply specifying and defining th5 osnses on
which, persons should be arrested the writ should
| be suspended-.Hha, would haVo been the probable,
nay, almost unavoidable, resulEf The citizens would
have be0o subject 70 areei and mprsonmena at the dis
erection OF any subsltern officer throughout the land
upon the slightest preteXt or upo1 wholly insufficient
grounds ald there would have been rsuedy but BY
42pc cation t. superior officers Had the power been
lett this condition. there is every probability that Ii
would have been abused by subAerns to the oPpesSo
OF the Peep IN numerous cases, aud It might We
have been toe subject of grievous complaint. OF
ssty, it mad TO be committed TO some Que or more
officers of Government. Itwoud do to have lett
such power in the hands of resp subordInaiCs
aud hence il wi to entrust IL 70 come
high officers, upon whose order persons charged with
any of tee specified offences, sh.uld be arrested
Suey there Is no one 10 Whom tlis high and delicate
II
Chief Magistrate OF the Oonfederacy and the Secretary
of War; whose public position and individual charace
must be presumed TO sord the hghes. ASSURANCE that
power entrusted to them will never be abused to the
prejudice or oppression OF the citizens.
II is also objected that the charges upon which such
persons shal oe arrested she be investigated by OFF,
c.rs appointed by the President. Bas this Is not for
the purpose OF trial, for punishment tir the Of
Ree bus for purpose of ascertanine whether there
probable for the detentonin the language of
Ia &C I'm order that they may be discharged. u i'm
properly dstaiHsd unless hsy be speedily tired in
dae course Of Ian" Since Tue writ Hd6eds Corpus
has Ueen suspended to suca persons Dy the II
Oongcess 1t Is certainly beneficial 10 them 10 have an
eK mnauon, I'm order tat they may be discharged If
impro gey detained" otherwise trey mgnG be kept
in confinement Indefinitely. Bls even THIS examination
1; not 70 &c made when hey be speedily tried in
due course OF law; for in that cre tnay are 10 b.
hsud,d over TO civil pow r, PRACTICABLE. so
that such prisons really deprived Of legal rgni,
ous the privilege OF the writ of Habeas Corpus which
Congress has thought fit to suspend OF para
mount public necessity.
IL is said that these high powers should not be en-
trusted 70 any because they may be abused to
tho oppression OF the citizen in bis sacred right
But ali powers must be entrusted TO some men for exc
cutoS and powsre should not be entrusted
50 certain officers high positions, because they may
abuse them Is objection against all representative
government. ALI officers haoe to error but it 10
just and charitable 30 presume that those in high pc
stons will be faithful and upright fulfilling their
and the more eIled the position, the stronger is this
reason. MISSISSIPPI.
THE LAST FIGHT BEFORE RESAoA.
The Atlanta Appeal gives the annexed graphic de :