New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-17
THE RIGHT OF HABEAs CORPUS.

mede and Yorktown. They have been
confirmed and extended by the Repub-
lican Legislatures, embodied in, the
amendments to the constitution and the
laws enacted Hereunder. 1t is absurd,
therefore, for the Democratic press to
charge the proposal TO suspend the act Of
habeas corpus to an ambitious purpose to
overthrow the rights Of the States and
people of the United States.
The constitution of the United States
forbids sthe privilege Of the writ OF
habeas corpus to be suspended unless in
case of rebellion or invasion the public
safety may require It,
1t is not to be supposed, then, that the
Republican party would endow the execu-
tive with general discretion to suspend
this guarantee Of personal right whenever
he might deem proper. To do SO would
be to revive the practice Of despots to
send any one they chose to prison. from
which he could not be extricated except
by the same will that committed him. We
presume that the authority of such law
would be respected just as long as it might
take an aggrieved individual to move for
q writ of habeas corpus in any court
having jurisdiction, and his attorney to
read the section Of the constitution to
guarantee the personal right But this
privilege may be suspended in case Of
| apprehended invasion, as when General
Jackson in clearing his tanks, ar
rested and imprisoned Louallier for
creating mutiny and disaffection in the
camp, and when Judge Hall--an English
man-had disregarded his martial law, and
undertaken to take cognizance of mil
itary offense, and restore the arrested
party to his liberty and to the power Of
producing further difficulty" Judge Hall
condemned the savior Of New Orleans
to fine of $1,000. This was paid on the
spot. General Jackson was President for
eight years, nor did he abuse the powers
of his position, because he had employed
military authority to save the be-
leaguered city. This was case in which
danger Of the ability to injure 'the
public safety" required the suspension of
personal right. Does any one in New
Orleans condemn this exercise of author
ity? General jackson was indicated in
his conduct by Congress and by resolu-
tons of the various States. "There was
but one Legislature" says standard
biographer, publishing in 1856, (Which |
withheld from jackson this tribute, and |
that was the Legislature Of the State |
which he had rescued from invasion and |
dishonor." Then follows an explanation |
Of the causes why this refusal to recognize |
the propriety Of his conduct; but with
this single exception, this suspension of |
the right of habeas corpus in case of il
vasion has been approved by the Amer
lean people.
There is still one other case in which
the suspension Of habeas corpus is author
ized-it is in case Of rebellion. 1t has
been left to Co ngress to define rebellion,
and to impose such duties upon the
executi We as it deems proper, as also to
endow that officer with such powers as in
the premises may be essential to the exc
cution Of the law. We have had o ccasion
at memorable period to remind our
that Congress had, during
the war, conferred upon the executive
some very serious powers. The act defn-
ing insurrec ton goes far beyond the leg
islation Of an earlier period. It elevates
an instruction against State into an
Instruction against the federal govern
ment, in case the proclamation of the
President shall have been disregaraed.
Some consequences Of disobeying this
are clearly part Of the war
powers conferred on the government
Turing that gigantic struggle. They were
40 doubt deemed essential to the public
safety" at that period, but then they I'M
are unrepealed on the statute /,
books. The President is by that law en-
powered to take military, naval or other I
means to suppress instruction. Among
he specific measures, he may put stop
o commercial intercourse, and may cause {
to be confscated. II, therefore,
o the category of powers thus given to ,
he President be added that to suspend !
he writ of habeas corpus in such techni-
al case of instruction, it would be con- i
ined to such States or districts as may be a
ound in technical instruction against {
he federal government. We offer no obser-
atoms on the propriety of this legislation. 7
70 doubt its stringency was due to the S
anger to the public safety at the date of L
IS passage. But the law Of Intervention h
J not limited 20 any State or section. It 2
eads: ''In case of an instruction in any C
tate against the government thereof" G
In all cases of instruction or OBJ il
truction Of the laws, either Of the United "
tates or of any individual State or Terri t
Dry" If the power to suspend the writ [
f habeas corpus should be conferred b
non the President, in case Of such insul- d
,ction, it may be exercised in California h
) well as in Carolina. Each State is SUBJ
ct to the exercise Of all the powers to P
hich we have adverted. They are not a
onferred upon the President for exercise o
zclusively in the Southern States. "
From these facts and this reasoning it Ii
obvious that no attempt has been made d
, add tn fhe mower of the American ey- ST