New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-11

munity extensive enough TO summon the whole force IL
Justify restrictions OF the ordinary action Of peaceful
rights and remedies over parts OF the country which
may be far from actual hostihties or any inlmedato
peril. Now 10 the situation In which the country 10
placed by civil such require greater res,ric-
ton upon the the ordinary rights and remedies OF peace
than n allowed as suitable in peacei The question To-
rather whether recognizing that required by the act
OF the civil wars existence Of the kind have described
under the actual form Of which hold to
be CONSTITUTIONAL whether such legislation, which tho
necessities OF civil law. and the preservation Of the
government and the liberties engaged in its support
necessity is Constitutional II IT be not We must agree
that this government Of ass OF having the power
keep the comparative peace that may prevail and ca
only act for the public protection when actual hosteS
have broken the peace That L. the proposition Of tho
learned District Attorney, that until you have iBva
sion Of the rebels or the immediate threat OF that
already exist you neither apply the fun power of law
that power which IL asserted In martial law. noE
anything else but the fullest eest and dlreciest enjoy
pent Of tho purposes aims and pursuits OF body ss
II peace was prevailing in all our borders Logically
speaking there propety In saying that the state of
war If Il be Of the character have described does not
extend TO the whole country or the application OF tho
degree Of stringency that consequence OF that exs
enee Of the state Of war; shall be applied in this
or that portion of the country 1t rests with the gen.
eral executive with the legislative power as the
may be to determine There no such system Of gov
eminent recognized prohibits the authority of the
Government from the preservation OF that authority IN
peace within that nation 1t is true you have mo-
or actual h0stties and you have such situation
ustcs martiala law; but is this legislation Of Con-
gress which Is conessedy limited in IFS authority to-
the continuance of'civil war; which conessedy arises
civil warts that degree Of foreeasting legislation that
leaves undsturbed until It be necessary tie general
freedom Of peace 10 the oversight OF the civil law anu
yet gives 10 the executive authority certain invgGs-
ing powers applicable in it's discretion during t.4
period of war, all the country is it or is il nos
Constitutional Though my friends may criticisa
this act Of Congress and apply some oppro,
brious phrases TO II, they must agree
If they have any confidence in our form OF Governments
lad
stves Of the people and is in itself exertion OF tho
executive power or usurpaton They must admit thaf-
is act variance with the tenor OF our peaceful
legislation they must know that the phrase s unusual
in our laws which ims its force to the continuance Of
the RELATIONSHIPS ndispuaby the existence OF tha3
Rebellion the motive for that kind Of leeislation1
The Supreme Court Of the United States had recently
divided to upon the question whether the Executvd
power Of this Government had through the existence
of the Rebellion the powers Of for its sGppresso
whether these powers could 10 the Executive
only from the time and By the force Of Congressonab
recognition OF the existence Of and that the Con-
grrssiona recognition necessary 10 invest the Exc
eeutiye with warlike powers Five Judges held that
the aetual!ties Of imposed upon the President thq
obligation 70 rally all the authority Of the nation and
exercise all the powers OF that the law Of nation4
gave him. The minority. four IN number-the Chez
Justice and Judge Nelson being Of that opnion-held
that although the actual state Of war carried thd
Executive the direct suppressye powers Of the military
and naval force yet they did not carry the secondary
consequences Of of which gives the right ~
blockade But they all agreed that. from the 18th Of
July when Congress by law accepted and recognized
word in that act about the right Of blockade or tho
pture Of property-yet the Executive became nygs
Grated for the time Of with the power Of the nation
But the Constitution expressly Authorized the sup
preston Of private liberty since the hour OF the re-
moval Of the habess corpus. The removal Of hsbead
corpus is known TO be the estabsSpent Of an EIeeu
tive powersto mprisonestablishes by II that In m9
OF war and invasion and rebellion 1t shall be pemitte
that without authority Of law and Judicial pro-
ways viii be whether that power Of the Constitution
attributes the Executive by it's own force, the COM
troll Of this question Of habeas corpus and Ne susPea
necessary for its suspension For the first two years ~
the war the opinion prevailed that the Constitution
self sufficiently inyigorsed the arm OF the resident
in the act Of the 18th Of March, 1863 Congress con,
frrred upon the President the power Of suspending be-"
ferred upon the President In bis discretion In time Of
war the power Of arrest and Imprisonment. i have
heard any theorist on government but that nn
derstood that when the privilege Of habeas corpnd
could be abrogated, these imprisonments were n4
longer under legal or Judicial control Thaa
as The practical exercise BY the President %
this power must necessarily be exerted through SUBJ
ordinaes, It would be very absurd that tins power
mates TO arrest imprisonment indictment and trial for
executing his orders. 1 say it is mere mockery t9
saf1.y TO tho power OF irresponsible by the chief
Of the executive and then leave every General that hd
should employ to the veIatcn OF arrest indictment i'm"
prisonment and fine 1t then made the fact OF in'
prsonment and yet my learned friend says il the
Imprisonment that open 10 the punishment OF crmi
naty OF there is no doubt this act OF pubshJ
ing bogus proclamation was subject 70 indictment ~
peac hInen aud the act Of these defendants was IN
due form order seeing that remedies OF the descrip<
ton Of the right habeas corpus had been sps3
pended and the judicial legal process Of imprisonment
no longer prevails.
Mr. Rvarts here recited portions Of the act Of Cons
ress and contended that arrest without Judicial pro1
cess made by any subordinate executive oneer Hnde9
the authority Of the President which would have th9
attribute Of crime in any ordinary administration
President just in ordinary times II would have haJ
the authority Of any competent magistrate, wad
no ohense all. Further If this act competenH
during civil war then the acts Of these subor,linate
must he safe from crminality do not propose ang
extensive inquiry into the general subject OF the execu1
tive power but your Homer viii find in the perusal On
the prize that with the concurrlng opinion %
the nine judges that the powers OF war came 10 the
President by the existence Of recognized by Conc
gres you cannot find ayy defect in that proposition II
sustain the authority OF the President OF the Unite
States. always observing the condition that we ke'
beon continue and be the motive for the appica1
on Of the executive power and that ts exercise hou
be- within the OF personal discretion applied to-
that object and with that purpose 70 whatever part o
the country you must rescue the action Of the Presi1
denL by the necessity Of this state OF things from tho
charge of crimny against the laws by its being conJ
formed to the necessary condition that imposed ,GS
laws Of war; and you must say that the responsible
c ce 81 naS q rssponsSy the
of tho country and hS conduct in maintaining II carl
red the great that is to try him for malyersa-
ton in office My friends may thcoze and quote from
peaceful law books and formal jurists but you must
come this: that there must be an organized law IN
time OF war or the personal whuness OF diseordans
councils will destroy instead OF uphold the nation
Then may hold with the stern denuncialon of JUS
tice fancy of this kind Of argument that the powen
does not exist because it might be abused in his hands,
IL YOU have power says the Chief Justice, power
must exist equal the gravity Of the occasion, and X
exist know Of NO better place where II can DO