The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-16

bal, both from congress anu llOih ti0 -
10 show that the eyes of the public are gradu-
ally opening to the extent OF the blunder whlch
was committed when the power not only OF
suspending the habeos corpus but OF restoring
IL was handed over to the President. This
was done. it is true, in the heat and excite
ment of the first years of the war, but it was
supported with a profusion of argument by
two or three of the first lawyers in the coun-
try. The inexpediency and danger OF the
thing were so plain, that the least doubt about
the legality of it ought to have prevented its
being done; no such power, we believe we
may safely say, was ever given to a single man
in any country which made any pretenslons to
be free. Not only was the power OF making
arbitrary arrests conceded to the President,
but he was declared competent to decide when
he should assume it and how long he should
retain it.
Even in Rome the Legislature determined
whether dictatorship had become necessary
and how long it should last. In England
from which we have inherited nearly all our
notions of civil liberty, Parliament alone can
suspend the habeas corpus, and in suspendlng
it, it always fixes the date at which the sus-
pension shall end. Of the technical arguments
by which Mr.. Lincoln's assumption OF power
was justified we say nothing. Had they been
twice as strong, they ought not to have had
the least weight with the people. The ques-
tion who should exercise the right of suspend
ing the writ and who should decide when it
ought to be restored, as long as it was not eX-
pressly settled by the Constitution, was a
political and not a legal question, and ought
TO have been decided on political and not on
legal grounds. II is Just one of those ques-
tiOns on which lawyers judgment is no
better than any other mans. All history and
all experience of human nature prove that no
man is fit for the exercise of any such autho-
Iity. Mr.. Lincoln was as nearly fit as anybody
ever was, or perhaps ever will be, but even in
his hands it was abused. Mr.. Lincoln, too
was mortal, and was sure to have successors
of whose character and aims nothing could be
known.
He has gone, and his successor is in his
place, and is armed with all his extraordinary
powers, and is using them in such way as
to Justify nearly every argument that was
put forward four years ago against granting
them. The power of restoring the habeas
corpus he has used to restore the operation of
the civil law in districts in which the civil law
IS mockery and a snare, in which neither
Judges nor sheriffs afford the slightest protec-
GlOIl lOI lile pIOpeIlyj III IllS
United States laws are treated with just as
much contempt as if the Rebellion was still
raging. The power of declaring the Rebellion
at an end he has used to hand over the Gov
ernment of the whole conquered territory to
the Rebels themselves, without giving Con-
gress any time to decide what disposition
should be made Of it, or what legislation was
necessary for the preservation of peace and
tranquility. We do not use the words econ
simply speak of the fact that the territory
lately occupied by the government of the Re-
bellion was when the war was over in the
hands OF the Federal forces, and subject, there
tore, to the will of Congress, whose duty it
was to reorganize civil government in it, and
to preserve order in the meantime.
We maintain now, as we maintained a year
ago that it was the business of Congress to
suspend the habeas corpus and that it is en-
phatically its business also to say when it shall
be restored; that Mr.. Johnson had no more
right to declare the war over than he has to
declare war or make treaties of peace. 1t is
his duty to report facts-to say to Congress
that the fighting had ceased, that the enemy
had fled or laid down his arms but the legal
inferences from this it belongs to Congress to
draw. A war is not over until the treaty OF
peace is signed. Our war has been legally de-
cided to be, and was, a regular territorial war;
and, If so, Mr.. Johnson had no more right to
declare it concluded and act accordingly than
If it had been q war with Great Britain. The
war with the South is not ended, no matter by
what name it may be called until the Senate
has ratified treaty of peace, or until, if there
be no power with whom to make such treaty
Congress has provided for the government o
the conquered territory Moreover, it is nov
generally recognized that it belongs to Con
gress to suspend the habeas corpus. 1t ais
belongs to Congress to restore it, 50 that tn
Presidents proclamations on this subjec
ought to be treated as so much waste paper
Personal liberty is too sacred a thing to b
taken away on one mans dictum; but if takel
away in the interest of the public safety, tn
public safety is too sacred thing for one ma
70 be allowed to decide how long the depriva
tion shall last. If Ifquestions of this sort OugE
not to be submitted to the legislative body
nothing need be submitted to them, and tn
work of government might be all done by tn
President and his Cabinet.
1t is not too late for Congress to reassert il
jurisdiction over this whole question. Nj
Stevens bill is the first step in this direction
and it is necessary step. Mr. Ellots
another The Southern Governments cann
be reorganized in proper manner unless u
Southern States are subject to the control
the United States forces. No election order'
by Congress could be fairly conducted unle
the Federal troops were authorized TO prOte
voters and maintain order. No act OF Congress
looking to reorganization or reconstructlo
can be effective as long as its execution Is IL
80 the local authorities, TO marshals, lndgt
and sheriffs who all sympathize with, II tn
do not aid in, all attempts to resist on trustra
the law Moreover, the protection OF life al
property, in all districts in which war or al
loso hot hau