Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-02-26

Conservatives very well remember the
violence &c dcuuac'a.icn to which they were
subjected during the war. because they de>
MED the sug.oriiy II President Lincoln to
suspend the wit Of habeas corpus. Ticy
n ntained that the Constitution bad in
vested Congress ADne with power 10 sus>
pended the writ, and then only in time Of
invasion or rebellion, whom the public safe.
~ required il.
Ii Was decidedly "rebellous'' to say 90
then. But "tims makes ell things evsn."
To day prominent Radicals assume the
same ground The Nation. altogether Radi-
cal in its political creed and most intoles>
antly 40 sometimes, in it, Issue Of Fsbsu-
airy l4,h, discusses the provisions Of NJ.
Stevens Military bll, and in speaking Of
the section restraining the issuing Of the
wit Of haJeas corpus says, whatever the
ultimate fate Of the bill may be, it's discus.
sion in Congress and among the people has
scrvcd-
To show that the eyes Of the public are
gradually opening to the extent Of the blum
der which was committed when the power
not only OF suspcnding the habcas corpus,
but Of restoring It was handed over 10 the
President This was done, IL IS true, IN the
be., and excitement of the first years Of
the war. bu, it was supported with pro-
fusion Of argument by two or three Of the
lrst lawyers ia the country. ihc inexpc-
d,ency aud danger Of the thing were 70
y ain. that the least doubt about the legali-
~ Of it ought 10 have prevented its being
done no such power, We believe We may
say with safety. waa ever given to a single
man in any ountsy which made any pre-
tensions 10 be free. Not only vas the pow.
or Of making arbitrary arrests conceded to
the President, but he was declared compe.
tent to decide when he should assume il
and how long he should retain il. Even in
Rosse the Legislature determined whether q
Dictatorship had become necessary aud how
long it should last In England, from which
We have inherited nearly oil our notions ol
civil liberty, Parliament alone can suspend
the habcas corpus, and in suspending It !,
always ixcs the date Al which che suspcn-
sion ahall end. Of the technical arguments
by which Mr. Lincoln's assumption Of pow
or vas justified, We any nothing. Had they
been twice % strong they ought not 10 have
had tho least weight with the people.
All history and oil experience
Of humsn nature prove that no man 10 a,
for the exercise Of any such authority. NJ.
Lincoln MAS ~ nearly At ~ anybody ever
waa, or perhaps ever will be, bu. even in
his hands il was abused.
II Is nov generally recognized that II be
longs 10 Cong,ess to suspend tho ha6eai
corpus. II also belongs 10 Congress to re
store It, so that the Psesidsnt's proclana
tons Oh this subject ought to lie treated a,
30 much waste paper. Personal liberty il
too sacred thing to DO taken away on on,
mans dicium but II taken away in the in
tcrc't Of the public safety, tho public safet,
Is too sacred thing for one man to be al
lowed t. decide how long the deprivation
shall last. II questions Of this sort ought
not To he submitted to the Legislative body
nothing need be submitted TO them, and Tia,
work of government might be oil done by
the President aud his Cabinet.