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


rcf appears recognize that is rsrt OF the Royal pre-
,o,cf,rs during time Of rebellion to suhoze III" Kings
General and Other sndns officers b. ni-h r-bo cord
ing TO narisi law by dsan cherssc, ~ TO them sha
.em erpedient That &C, Of Parliament may for moro
g,,ly The rebellion extend trial b. mst
and 80 also give - generals snd other commanding officers
discretion OF ruu ain, rebel. found guilty upon such trial
either with death or indefinitely in any other way! no
| 5o,b,,d" H. Juriseor.ut Excr. ?. 3sa.
II sucl Inv is not deemed 20 be Inconsistent Win
Magma Carts In England surely our fsr wider acts o'
Congress are not 10 be doomed infactons OF the very
same Carta. No doubt Congress has the same power
possessed by Parliament in respect to martial law
| The Court OF Star Chamber. also, while 1t existed
punished oonses without proceeding by due course OIL
I law and without trial by jury. Hargre'e says;
Tbe grand obi, tiou 20 te Court of stsr Cham
her, was their exercise OF arbitrary Of hnins tin
end s;rrraiizng ~, Kings subjects for bels and
chet ni.deeaors viypt trial bpjury and oil pro-
cns very in other respects to the ordinary
course Of thu English law" (IMrayei opinion a' to the To-
esy onpIi.ouins Mr.. Perry, editor Of me Morning caro-"
ie lpr a1 article rejecting tie House ol LcFd.l
Property is protected by the same clause OF Magma
Chsrs and in as strong terms a. personal liberty IL
the clause is applicable 10 The before us. com
chief could be sued for ali the property de-
stroyed by al army. II this 80 10 one would as
sume tie conmard Of AN army. The idea is unsound
prepostcrous ridiculous.
But Il will bo asked may arbitrary arrests be made
withou, any remedy for an abuse Of power' The
remedy reply Is fil. ample, complete. The President
may not be indicted BY the Grand Jury il true but
he may be ,ugtGcsed ii be transcend. the limits Of his
power and acts maiicously and opprcssve!. That Is
the remedy prescribed by the Constitution, and it is
the only remedy which can be applied 1t is an amply
sufficient remedy.
This power OF suspcadng the issue of the writ
Of habeas corpus. OF. in other words. this power
OF making arbitrary arrests delegated to the Pres
dent as Commander.in Chief: but il eau DO exercised
lst. In time Vi war only.
I'd IL must be within military district OF the United
States;
ID. And pertain 10 military Affairs and
! 4lh The act mus! be Of such nature ns TO Gid the
army in actual military operations in tho field.
lie power. although thus limited is in Its iFredf'H
exercise ~ be Judged of only by the Commnnder.in
Chief Ho alone in his military capacity. is 10 deter
mine tho fact and the csigcncy which demands the nr
res, of persons the seizure destruction of property
And his order must be ob,yed III he trausccnds the
lust limit Of bis power however, II cannot for tAot rct
,yn or any other lee subjected 10 the adjudication Of
I civil count Of law.
Of patriots in other lands in contests for national IN
dependence and civil and religious liberty when the
hardy partzans wes battling In iron phnlrnN 10 secure
the liberties 81 their country against Charles j. and
when 10 secure permanent guarantee for the liberties
gained By lie soldiers Of tie Commonwealth the pa
trlo,s Of England were again warning under the Lead
erslip VI William Of Orange In los, 10 establish AID
4 guarantee hy the irnimphs Of the Revelation. the
rights Of the people Of Gros' britain on nrm basis
they did heziinie arrest all who opposed the on
ward msrch OF tho Nation and many sueh arrests we're
made By the military without process OF law at the very
time when Parliament discussing aud deciding The
question that the Crown Wss vacant by Che voluntary
| abdcation Of james IL The history u the time
abounds with such arrests SO. TOO. during the memo
rablc contest between the Protestant heroes and pa
tiiots Of Holland sgaust Charles " and Philip III. oi
Spain many plot. prevented. and often var med
tsei defeated b. the Timely arrest without due
process II law Of tlos" who thus plotting. The
pages ofMoticy md Prescott contain many instances
OF such arrests. Paal Buys distinguished counselor
a. well the three persons who oonspircd 30 deliver
up Ie,den were thus arrested. 1so thres conspira
tors tried and executed yet nowhere read that
the military authority under which the arrests and
eutiol, took plIce objected 10 compeined Of Ia
any way.
Bot 10 siv nothing " the history of arrests BY the
military IN other countries, what The
pursued BY Revolutionary faibern From the very
beginning Of the contest the close Of the evolution
AIRY War uch arrests were made wilton; due process Of
Law, and no one iac,,ioned their propTiay or legality.
/ Take one statement. snr example, from Wakcy's
Fairly History An Mcthodists, L. chap, T. -. lie
SAYS: IA EARL October l1cj, The M rohnnts gcn
orally resolved not to mros, good from England I'M
les tn opprc siYo nri uroon tuOns Stamp eci
repealed Tho,e Who confined 10 trade With England
verc considered and treated opsr SHiss 10 ~ or'
and religious ;raets u t.er cornirv. San, 're 'H'
~ jan for importing English goods, and thes families
ruiucd<n consoqgcrce."
I3ut hero is yet clearer precedent yet higher auls'
i,y upon this point Throughout struggle With the
Go,crumou! Of the mother cuaa;ry FOR orr rights 10
English resmon, there werc certain Of people who
10 use the words OF Mr. George TickRor Curtis, the
hstornn 81 our Consttution) nom sense OF duty. W
from oup!cty or from como motive good or bad made
r.cir election TO sdter 70 @s pubic ele@y aad They
were therefore ,istVls eia,sd, according 10 their
personal ACTIVITY and Importance aN0Hs t.e saoSi's g
n, cosary b. lho-e whose business ii to ovniuc,
iti Affairs and bgbt its battles" The most OF these
ueopc we're in Souih,C aroufs where the prcsont
against our Government began But they we're to be
found in many other places aid there some in
Queen. Conasy Long IslId,!n This very Stair These
n NewYorksr like those among " of whom they seein
to have been prototypes did not actively and openly
orp-e ,hs war but their oonduci such a. ~ cause
them TO be "su~peclsl Of designs anrrienlly to the
views OF Congress The reason why they were so
suspected was not that they worked ogaina ~ Con
gres or wrote and talked against IT, but they