Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-05-25
raE suspENsIOS OF IHE WAR OF HABEA.

above sub ct presents question Of toe most momen-
tous i'm ortanc, and this has been mscA increased by
the opposition raised 10 the ac in several OF the stes
By Legislative resolves aad by persons in high official
positions, on the grouad Of its alleged unconsttunon-
ty The magnitude of tie subject therefore, calls for
the graves. consideration, in the grea! crisis Of our
cause which induced the passage OF this act and invests
it wish all the dignity OF ssHGtus eORsEItam ultima
asesssitatis No patriot should Wihhol his mite which
d, believes will tend to present this great qlesOu prop
ely before the public mind and heace the following re.
mAsSs are efsred ioS consideration
The act provides in substance, tHa' during tho present
invasion, and uan ninety days af;o, ths meeting of
Congress in Nay the privilege OF the writ Of Ha6sG'
Corpus shall be suspended ia cases OF parsoaa arrested
or detained by order OF ha President or Secretary Of
War for various specified acts OF hostility or injury to
the Confederate cause that The President shall cause
propsr officers 10 INVESTIGATES the cases Of all persons so
arrested or detained in order that they may be dis
charged, if improperly detained, unless they can be
speedily tried il due course Of Law" and i. reces that,
IN ne opinion Of Congress ".he public safety requires
the Suspension Of the writ in the existing of thein-
gason Of these S.a.es;" s-d TIA. the act passed
under the authority OF art l. g. par. s. of the Cos
su,ion, which provides that he privilege of the writ
of RabsGs Corpus shall net be suspended unless when in
case OF rebellion or invasion the public safety nay
quIe IT,"
Toe first question to be considered in etermi Ing the
ccnsiIuuolahy Of this act is the legal import Of the
clause of the Constitution which il 1858 and the e1'
tent of the power thereby conered on Congress. And
o. 70 be observed tina the clause does not present
the use of merely implied pOSer ~ IS commended, bur
IL one Of positive recognition Of g-aned power The
sentence embracing it Is ehpdcs and IN order to con-
yey the ul ssn-e the words derstoo3 should be sup
ii a thus: "Uness ghen in cas Of rebellion Or nSa-
son the publ, sstv may qire ~" ia nkieh case ths
rqk. may BE- suspended l. 10 stronger ca than that
o. mere p.yd power; FOR 1. i5, In terms, aselar
AID positive CATION of he gfaas of poser nsouuah
az il is impossible 70 doubt iron the language, tn
the poWer was Intended 70 be ex esiS gwen. Zoe
pavr arises lroAAe very terms the gsant, and cot
because it 10 necessary 70 the exeTcis of any her
power suec6cal1 granted, which constitutes tie d5hGc
tion be wee al express power and enc arising ~ i'm
plea ion. IL hSs, therefore, sl tn fJrcs OF posil'y
granted power.
A+t, tbs ex.sr. Of toe poser thia must be ster
mi ed By tho erEs Of toe grant itself, interpreted by
the light Of general rules OF law applicable the tuo
feet matt,r and il view Of he schief ended TO be
rmedied by the exercise Of The poser NOS disreg7r--
ing other PARTS of the Constitution if there be any,
Wn'ch limit or modify e.
TIE term. are clear and broad that Congress may
suspend he rii IN cases of rebellion iRUasio chen
the public safe ayTegUi,s Il aud the right Judge
tbi, eneI ge.oy vi the exteut TO wac1 the sus-
pension should be made. must in point OF power ne
cassariiy belong exclusively TO Congress No Limit ID
pu upon the exercise OF the power by the terms WHEN
ever REBELLION invasion sha take pllcs, aHd the
public safety in tie Judgment OF Congress requires it;
bat the suspension may DC declared in all cases 10 which
prson would have been entitled to the privilege st
the TINA Of the passage Of the acs suspsndiDg the
right The clause 10 our Constitution is taken literally
from the Constitution OF the United SJstes and must
receive the same Interpretation that and when tbst
Constitution adopted it sas es.abished Iuc of
law that whenever any PERSON vas deian- Z, With or
without process OF law uasss for felony
pressed in the warrant unless suehers1n ehOuld ee
convict or legally charged in exscu; on, he was emf
tied TO the writ o! hGbeGs corpus. Upon well settled
principle, it must be intepd.u thai this causeof he
Constitution had reereno 10 this rule OF las e1 sting
when il ordained; aud the exercise Of the pjwaT
oil suspension Of the vr must be 90 extensive With the
right TO me Writ eK'siug when tle Constitution was
ado5tsd fer there is restriction TO the exercise Of
the power in any case where the right Without the sus
pensiou existed IL seems therefore, to follow, that
when ths suspension il made by Congress- tie privilege
OF the wr is suspended ia ell cases ia which Congress
may decllIe that puSo safety ines that AMI per-
son charged with acts dangerous to the public SAFETY
sht ud g large, whether such person is detained
with or without due judicial authority.
This, indeed, is q ng1 poSef an shouldsnot be ex
crossed excsp upon the cearesi necessity and the most
imminent danger to me public safety. Bus it is sRll
grained poWer aud may 30 exercised By Congress
der all the SOLEMN responsibilities c0nnec ed with IL Ii
is to be roised only in cases Of rebellion inVs
sor" from Which, It appears that the frameTs of the
Constitution considered thai the public ely ght be
so irreparaby injured by the acts OF ailor spes and
other public elenies if permitted to 90 at large,
Justify their being arrested and held in custody all
events, aud their hostile designs prevented or sup-
pressed. This Is not without just ground In such
q state Of the country For il pelUons curing an iuVa-
If
hostility TO the Constitution and the public safety, they
must be either committed TO jail pl ced on ball. il
the charge appear 10 be wel-ouuded Ii the former,
they liable TO bs rescued at any moment by the in
ding enemy aud taken to their aid and this is the
condition 10 which many parts Of the Confederate States
ara nov placed Il the latter, they set a. large and
enabled perpetrase AL their evil designs Of hostility
the Government aud of aid ana comfort to the enc
my. IL either case, the guilty would escape paaish-
mens aud be enabled to iuhct the most disastrous mis-
ooies upon the coun,rg, compared wish which their
liberty, or even their lives. Wodd be Insignificant
Thus the civil authorities would be compelled pre-
vent these mschief aud ID clear that 6smera OF
the Constitution had in view this evil aed Intended to
prOyid, for It by the power in this clause Great
aud sacred the ght of psrsonGl liberty, aud highly
as il is protected by various provisions of the Con-
stisuaon, he taners OF tbas instrument were not IN
mind al of the great primo PEE SALES pOPUI SHprsna tx
s1d hsV5 PsOVGei ta tlis individual riga sh 81 not
be permitted be abused the jeopardy OF tbs safety
HIO wen OelnB o. An1 thAs
of the vsfnnent shal be left fsee to suppress SO
ruinOus q mischief
Having taus considered he nature and extent of this
power t appears by lis terms, let US now examine
whethsr there anything in Other parts OF the CoDs
tuition render ng this view untenGble.
Several provisions Of toe C0nstituioa relied on in
opposition this view; aud taey have receiv the
SANCTION OF those in hig official positions they deserve
y careiu. cons dsta,ion. So
Tav frst Of thee Is Att l,s,c. 9 par Is shich Ge-
cAes that "t0e rgat of tbe ope be secure IN their
persons, houses papers and ,feca aga net uur asoa
able searches snd seizures shall viola ed and no
shall but upon psooaoe cause, supported
oy cath afrma ion, anu particularly descrioiug the
place to be searched aud tbs persoss or things to be
seized" Ik5
Isis manifest that this prov has special reference
70 search SuTaHts and taseiz re- If god and per-
sons de, them aud vas me o poai0ig searches