New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29

Carroll and Thomas Pinckncy-et is ~ necessary TO
60 further down the Nustrious roi'
Fortunately for u.s. aud that precedent Of highest
authority Nigh! b. left for the guidance OF our National
Executive civil and military. in these trying times
both the parties 10 this significant case o. arbitrary ar
rest left the reasons for their action upon record The
Provincial Congress declared that the majority OF The
inhabitants of Queens County. having avowed design
Of remaining inactive spectators Of the contest ana
shown general want Of public spirit" Those who r,
fuse 10 defend their country should be excluded from ITS
protection. and prsrea'td from doins IL injury" They
then passed an act which amounted to virtual out
lawry of thess men, and which provided that any a'tor
ney lawyer who should prosecute or defend any suit
at Law for any OF them should be treated as pub
lie enemy. (Josrnai Of Congyes for JAM 2, li7t)
Washington, IN his correspondence at the time gave
as his reason that "Our enemies from the other
side of the Atlantic will be sufficiently nuuieronsi I"
concerns as 10 haze az f, iatsol once az possttie
(Wr,gs cf EessN ssos vol. ill.,, PIP. go, $780, To fol
low ont this important may not ssy this leading case
the Provincial! Congress was finally Obliged 10 leave
these Victims Of arbitrary arrest 10 be dealt with by t
authorities Of The commonwealth in which they lived
But as the high constitutional authority above quoted
SIR Curtis tells us this not because Congress had
not performed IA high net of sovereignty which YVES
entirely within the true scope Of Its powers dhough
remember that the government Of the sovereign people
Ofthe United States not yet estabshed). but be-
cause lit had not finally severed tho tie which bound
the country 10 Great Britain and because IL bad no ci
machinery Of vs. through which its operations could
be conducted" This disability ceased whom that soveT
egaty wns established thirteen years aftorward. And
now, Sir, + aprehcnd that wo ought to hear no moro
uflack of authority the part Of tho COMMANDMENTS
Chief OF The armies of the United States 10 arrest by
military force in time of civil war. at his proper peril
provided 10 the Constitution any whom he has
reason to believe dhercs TO the public enemy" Of his
country or whom tho safety Of that country requires 10
DO prevented from doing il injury"
It would soclo indeed as II in q city In which the
old provost still stands in which hundreds Of Tories
we're imprisoned without process e. lar 10y tho in.
dignan. army Of tho patriots under Washington for
acts which tended to aid and comfor. the enemy. only
about - years ago it not ssary TO cite au'
thoriics Our fathers OF the Revolution thought more
important to the liberty Of they country upon
permanent basis 10 secure their liberties than to
protect semi.raitors aud suspected spies from arrest
even If such arrests were b., The military arm without
due process Of law.
Indeed the doalIne that the military cannot arrest
without due process Of law is new conceit invented
b. disioyal persons during thu to enable Rebel
sympalhyers 10 publish reasonable articles which VIII
divide and weaken the supporters Of Government. aud
tins aid the public enemy and also to screen from de-
served punishment men who hare furnished arms and
supplies to the Rebels through Nassau.
la ruth tLoss who are such sckiers for immunity
tom arrest the freedom u speech aDd freedom Of the
press seem to b. quite Wiling that liberty shall be en-
A 81 tl.r ring
81 this Government If they can succeed only In pro-
tec;ing from arrest those who are plotting for the over
throw of that Government The doctrine ia never APP
peaed 10 except in behalf Of traitors Would il not be
better policy at time like this TO submit to little ir
regularity In the administration o! forna lice-some
mistake even TO be made in the Of arrestshan
to protect liberties By an arbitrary rule inagPcab'e
70 the events actually taking place before and which
II riy enforced would render this our third War Of
Independence nugatory and unsysing. Bat il needs
no; that the question shonld Be- thus put Our laws AZ
present nre sufficient for the emergency 1t is only
requisite that thoy should b. understood and enforced
BY thoso laws aud orr Constitution, the legislative,
executive Judicial and military departments are esab'
shea Each acts in lis own particular sphere inde.
pendenuy OF the Others but in harmony with the whole
Neither Of these departments encroaeh upon the
orned by the rules established by our beautiful but
psx system Of gosernment. Each oil these departments
determining lis own powers neither of the others can
determine upon them. The remedy to be applied where
powers are rsurpcd, have already stated.
To repeat si IN q word The laws Of the United
States oothc the President weh impenetrabo arnor
81 protection. He is not subject to the Jurisdiction OF
court OF law when acting In either his Executive cspac
&c. 1Iarf NJ n
Army and Navy bat he may be iueached and that is
the only remedy for abusc of power.
suppose the learned and ingenious counsel for tho
rosecn.Ion will no, contend nat they could ndic The
President and hi Cabnet for approving &C. Of Con
gress But when he acts as Chief he
and his ocer. are rs much exempted from the is.erpc
tlon Of the Judiciary when he acts in his Executive
canrrity tho acts complained OF here were performed
~ the President and those who acted under his orders
in thor military capacity and they actually and alb
soutey exempt from the investigation of the Judiciary
The courts have no Jurisdiction of the matter the
President has an immunity. complete and absolute.
Nor need il be pleaded for the matter is not matter Of
defense il IL an absence OF power to investigate in the
courts.
Many however. Of those who are opposed TO the
Presiltnt ike the AttoueyGeneTa here too learned
10 deny these propositions, virtually admit that the con
due, Of tho President Commander Chief cannot be
Inquired into by The civil magistrate and that the words
'due process OF lsw" apply only 10 the mode OF the
administration in limo OF peace Admitting al this
they say that ;le city Of Now York Is at peace, We
have no army hers and shat IN this time Of public tran
qulr-y Con Dix was Guilty of crime in Selling the
paper ard nrrostirs The ediior-
What has teDue 10 dis H indeed must b. bold
advocate who cen insist such proposition. Is ii N