The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-20

pension of the privilege OF the writ of habeas cor
liberty, incompatible with the individual rights of
the cibzens contrary to the geoius and spirit Of
Tree nsttuhons, and exhaustive Of the national
resources and ought not therefore, to be sanctioned
or aloWed except IN cases OF actual necessity for
repeihng invasion or suppressing msurrecton
"And whereas, the policy Of the Government of the
ion 10 ~ iron me ol tne nsurrec-
IN conformity with the principles herein set forth
Therefore, 1. Andrew johnson, President of the
United States do hereby proclaim and declare that
the insurrecuon wbi h heretofore existed in the
States oil Georgia South Ca DINA, North carolina
Vlrg MIA, Tennessee, Alabama, Louisiana Arkausa
Mississippi and Florida, is at end and henoeiort6
TO De so regarded.
I'm testimony whereOfI" T." etc.
IL anybody can reconcile these energetic de-
clarauons with the continued existence of
martial law, we shall award more credit to the
ingenuity OF the interpreter than to the candor
OF the author of document so deceptvely
worded. What possible connection is there be-
tween the premises and the conclusion, when
this recital of the peril and mischief of martial
law is made the ground OF proclamation which
does not remove IL +? We are here told in one SEN
tence that martlallaw and the suspension of the
habeas corpus ought not to be allowed except
for 'suppressing insurrection or rebellion !" in
the next sentence, we are told of the ''over.
throw" OF the INSURE ction, nay, of its final
suppression" Put the two sentences together,
and they amount to declaration that there is
no longer any possible justification for martial
law, and this is followed by solemn procama-
ton that the insurrection which has heretofore
existed" IN the ten enumerated States els at an
END, and henceiOrth to be so regarded How,
IN The name of reason, can an insurTeclion thai
Is at end justify things which we're allowable
only as instruments for its suppression N
We can discover nothing in the proclamation
OF the subtle, artful, lodging Secretary of
state; but II 1t Is to be explained away, we can
easily discern Mr.. Stewards fneer in that.
The reply to the Georgia Freedmen's Bureau,
Objectionable as We deem its substance, will
bear one Interpretation which is creditable to
President Johnson's enduring teuacty OF pur-
pose IL totally ignores the Civil Rights bill,
ana suggests the inquiry whether President
johnson regards IL as law. If the proteges OF
the Georgia Freedmen's Bureau are maltreated,
the Civil Rights bin not only authorizes, but
eniolns upon, the officers OF the bureau to make
arrests, and bring the oiienuers to iustice:-
"secton 4. hat the District Attorneys, Marshas,
and Deputy Malshals OF the United States, the COM
missiohers appointed by the circuit and to rItorial
courts OF the UnTed States with powers of arresting
imprlsonin0 or baIlng offenders avainst the avs Of
the United States, the officers and agents OF the
Freedmen's Bureau, and every other officer who
may DC specially empowered by the President of the
United States shall be and they nereby specially
authorized ana required, at he expense of the
United Ntstes, to institute proceedings against all
ana every person who snail violate the provisions of
tins act, and cause him them 10 be arrested and
lmprisOned or baled, as the case may be, for trial
before such of the United taes or territorial courts
as by this act have cOonlzance OF the Ofense; and
with view OF afOrding reasonable projection to al
persons IN their constitutional rights of equality be-
fore the law without dstincuon OF race or oor or
previous conoition OF slavery or involuntary servI-
tude exec pit as a punishment for CRIME, whereof the
party shall have been duly convicted, and the prompt
DISCHARGE OF the duties Of this ac shall be the
duty OF the Circuit Courts of the United STATES and
Tie Superior Courts of the territories of the United
States, from time to time to increas TIE number of
commission 8, so as to afford a speedy and conye-
melt me ans ior the arrest and examination of per-
sons charged with violation of this act .
Now, when the officers of the Georgia Freed
nous Bureau doubted their authority to make
further arrests under martial law, the President
might simply have directed their attention to
this section Of the Civil Rights bill, where they
ale authorized to make arrests "wth view to
ahorj1ng reasonable protection to all persons
in the constitutional rights OF equality before
the law" 1t is as clear case under the Civil
Rights bill as there could possibly be; and vet the
President ignores that law entirely, and has re-
course to martial law. OF the two evils this may
be the least; and though inconsistent with the.
Proclamation, 1t is, after fashion, technically
detensible.
Its technical defense (Which is sufficient TO
protect the President and those who act under
him from legal consequences) rests on the
peculiar language of the act of Congress- author
lz1ng the suspension OF the habeas corpus That
act empowers the President, by proclamation
10 suspend the habeas corpus throughout the
United STATES" and 'durlng the present Rebel
lion." Only eleven States ever having been pro.
claimed in Rebellion, and the suspension being
authorized in the whole thirty-six the law
established the principle $50 far as an act of
Congress could establish it), that, while the
suspension must be contemporary with the
Rebellion IN time, it need not be co-extensive
with 1t III space: IN other words, that the writ
may be suspended IN States not actually in rebel
hon, provided rebellion exists anywhere, in any
OF the States. This principle has been repeatedly
acted upon by President Johnson himself On the
18th OF june, 1866, he proclaimed that the rebel
lion had ended in the State of Tennessee; but
SAID, IN the same proclamation, that it should
not be construed as impairing the suspension of
the habeas corpus or the existence of military
law. On the first of December he issued pro
clamation annulling the suspension of the
habeas corpus in all the States and Territories,
with certain enumerated exceptions: among
them, Kentucky and Tennessee one of which
had never been proclaimed in insurrection. and
the other had been proclaimed out of it. As
Texas was not included in the Peace Proclama.
ton, II may be regarded as still technically in
rebellion, and on the principle adverted to, the
President may keep the habeas corpus suspended,
and martial law in operation wherever he
chooses. So that if Congress should undertalre
TO lmpeach MIN, or anybody should think ft to
prosecute his agents for illegal arrests he has
precisely The same defense that Mr.. Lincoln and
ms agents would have had, when they made
similar arrests IN New York, on the ground that
there was Rebellion in some other part of the
country.
1t is very possible that this Georgia applica
ton was got-up inquiry, by which the radicals
meant to test the President on the Civil Riohts
Dill. II he had reason 10 suppose So his repIv
was sklful. "T the civil tribunals fail to afford
protectlon, resort to martial law; but avoid IL IN
you can, is the substance OF his direction. and
hateful as martial law is in tree couutry this
is not bad Roland for the radicals Oliver Rnt
though martial law Is not in dangerous hands
we should be recreant to our principles and
1alse 10 aniecedents to which we look back with
pride, II we failed to reprobate it. even when
Its ghost reappears to scar the eve balls of its
original friends '9