The New York herald., 1864-05-06

sseI p0~es ~ - 0ovsSos nsinsts iAas shoal1
: doe ~ "S.s eoss hv"-slaa : y tsAs,a, pre-
susd scon aoash or sirmaiionn We hope ths Legisla
tars ssvs NE Governor NJ power he asked fes pro
saSsr ~ ssoonmsDaasons juss rs1srrsd to We only
note them 70 show the very provisions of the consttu
o Congress suspendg the writ OF habeas corpus,
have been more dagrantly violated by the Governor:
nr stopnens rsh. 10 his be ouSh. never 70
have et that stand until he had called upon the Iegs
ure, with al the earnestness Of bis nature 70 mpeach
ss sss.s. & ssc as Ss'ss State
ssa ss had re JS q sSs' ws
he 10 so closely and officially connected, receives at his
hands nothing but hard blows, while the Governor
cei and most tender consideration. 10 strange.
considering the censorious spirit Of Mr.. Stephens
ali these ourases Of Governor brown 70 pass unnOtccd
aud without single word OF dsapprova or warning.
stephens, @ e % the psseasnss and pces 70
which We have referred. We meet him directly upon
the ssue he presents Ee admits the right Of Congress
suspend the privileges OF the writ OF babeas corpus,
confines objection TO the in which il has
been done by The late act of Congress- and as this s the
leading and most plausible idea IN his speech We prefer
l 70 lie, MN speak for himself. He says
Literally and truly then, the only effect Of constitu-
corpus by congress is 10 deprive person alter being
legally confined, OF the privilege OF discharge before
| OF proof as TO probable cause or other like
i grounds This privilege only can be suspended,
stnution aptiy 10 express the purpose and
extent 10 which suspension 60 in this country.
with this visw the power is wise one II can work no
serious injury to the citizen it sufficiently guards
pubic safety The party against whom grave accusa
a on n q ht 10 % h ~ snd
guilty 10 be punished according 10 the nature Of his
Of the sub ecs are apparent The exercise o. the power
by Congress may be either general or limited TO special
cases as IN this instance u had been general under
|anya her y,qu al won naya q
every citizen in the landf The weaker would have
been completely in the power OF the stronger, without
remedy redress. Any one in the community might
seize for any purpose, any other, and confne
him most wrongfully and shamefully. Combinations
8 like purpose, and there would be remedy or
dress against this species of licensed awessness The
safety would be swept away. Instead Of land OF laws
the whole country would be no better than Wheiriars
domainA perfect Alsatia This would be the inevitable
effect Of the Of the power by general suspcn-
sion, with any other view of the subject than this
sented The effects as TO outrages upon personal
righ,s must ssue under limited suspension confined to
any specified under any other view No euch huge
and enormous wrongs can ever spring from our cons.u
tion be rightly administered So that the conclusion
of the whole matter well stated by the Goveuor in his
late message in the brief, comprehensive, but
terms.-"ibe only suspension OF the writ OF habeas
corpus known 10 constitution and compatible with
the provisions already quoted goes TO the simple extent
Of preventing the release OF whose have
been ordered under the constitutional warrants from the
judicial authority.
II will be observed that the uncopst,utonalty OF the
late Of Congress placed the ground that under
law the must be made by order Of the Pres
dent Of the Confederate States the Secretary Of War
General commanding the department OF the Mis-
sssippi which Mr. Stephens places the whole
in the President accept his construc-
tioD OF the as correct Under this law therefore no
citizen be arrested and deprived Of the privileges
the writ OF babeas corpus except upon the order OF the
President. How would it be under the laws as Mr.
Stephens and Governor Brown would have tY According
10 Their argument and doctrine Congress would simply
suspend the privileges the writ OF habeas corpus and
leave the matter in the hands OF the Judicial officers OF
the country. Under such a suspension OF the writ,
10 m he
tion Of any man in the community He can be carried
before any justice OF the peace in the land who would
corpus being suspended he would have remain
there until he could obtain trial in she regular OF
both Of Confederate state governments could not re-
lease him. What is the resutf Every would be |
,he Country All Sa, !: required 70 hm
prison the oath or affirmation Q; S;nd,c,,ra SFbsoE
gale Sjtuse and lie kc q M ignorant or corrupt justice
OF the peace. In the language OF Mr. Stephens "the
monsirous consequences OF such the subject is
apparent With truth and force could II be then said,
itbe weaker would have been completely In tine power
Of the stronger without remedy or redress ANY one in
the communty might seize for any motive or for any
s6aneuy Combinations Of several asaIns, Few might
lie foEmed for like purpose, and there would Be no
Iessness Not So however as the law now stands for
be imprisoned and deprived OF the privileges
of the writ Of habeas corpus under law except by
express order OF the President put II 10 all
say under which policy are the liberty and
rights Of the citizen best pro,ectec' Lex any man put
the question 20 himself whether he feels
when he SHOWS that be can only be arrested by the d.
an the presdent or when he Is liable 10 an arrest
uron the false oath or affirmation OF any vagabond
community and is then al the mercy OF an ignorant or
corrupt Justice OF the peace who can send him 10 prison.
where he without redress until he be
tired regular OF the court II to protest
against tie very dangers so graphically pre-.
sened by Mr. stephens that the law restricted arrests
as the orders OF the President, and then only
limited number q cases. and strange TO say what
or the citizen has been tortured into OF COM
plant against the law. With all our heart concur in
the sentiment thai the privilege Of the writ o haoeas
corpus should only suspended OF the greatest
emergency, and, even then, every guard should be
thrown the or suspension for the protection OF
the liberty and rights OF ne citizen ss has been done in
tie Of Congress Brt II Mr. Stephens Is right,
suspension Of the act is TO place US at the mercy
81 isse Witnesses and corrupt Justices Of the peace we
raw all tae earnestncss u our nature that, under
nc circumstance shovl; the wri, eyer DC saspepded
By tns time Mr. stephens must have seen that many
% hs apprehensions were entirely groundiese. ne
seemed that the object OF the suspension
testing before the courts their right 10 exemption
and yet, al The very time that be giving
expression thai opinion, the order had been
issued by direction of TIE President ipierpose no OBJ
eciIon 10 such appeals 20 tie courts The truth is
that President has shown not only willingness but
anxiety 20 have al judicial ans constitutional questions
cons idered and decided by highest courts and when
cneerfuly conforTned them Would that Mr. stephens
could induce bis friend Governor Brown 10 do the
u wOnd save much wrangns and unnecessary discus-
penso and annoyance of called sessions o the Iegisls
ture
~ " io' us " fea1N bVro WIZ
profess such great apprehensons Of the tendency
Of government 70 military despotism. They pro-
fess 70 IN this suspension OF the writ OF
babeas corpus "a fell blow aimed al the liber-
ties Of the people" and look with alarm TO the
action OF Congress as indicating purpose TO
sodaie 10 the hands OF the Confederate government
unlimited power. Our fears are appealed 10 with the
false statement that the writ OF habeas corpus has not
been suspended n England during the present generation
and warned 10 be as jealous OF encroachments
upon this great Of right the people sf
Britain No one holds higher estimate this great bu
wark OF British liberty than the writer OF this article, and
yet We cannot feel that s suspension In this country
should occasion the alarm would Justly excite
l IN England
j. should re borne IN mind that Great Britain IL a
monarchcsl government that secured 10 the
monarch held by him ior e, and at hts death
mited 70 his heirs, generally his son. Hence the
danger of entrusne power dangerous 10 the liberties OF
the people. With US is entirely different Our presi
dent holds bis Office fer limited term, aud whatever