The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-16

passing strange If congress, notwlthstand-
ing Its supposed wisdom, should make
like mistake again.
Heretofore all attempts to suspend or au-
thorze the suspension of this writ have
been limited as to duration of time, but
this proposed suspension Is for all time.
OF what use are constitutional restrictions,
If either Congress itself, or by delegation OF
power to the President, may abrogate the
restriction, and if under such delegation Of
power. the act of suspension should be
deemed and held to be political act, as
held by Attorney General Bates? For it
Is good law that the judicial department
has nothing to do, by way of revising, re-
viewing or reversing the political acts of
the executive or legislative department of
the government II one part of the consti-
tuition may tc abrogated in that way, why
NAV not others? Why not throw the
whole constitution to the winds, and be
done with Il? But whether Congress may
or may not delegate the power of suspen-
sion to the President, or anyone else, 1t is
conceded that the power does not exist cx-
cent Gin cases of rebcllious invasion" when
the pubic safety requires 1t. Does state
of "rebellon" against the general govern
ment exist? Is there any pretence of the
''lnvasion" Of the United States or of any
individual state? Does state of war cX-
list? Not at all. No one pretends that
there is any case of "rebelion or invasion,
and unless such condition exists, 1.-THE
privilege of the writ of habeas corpus" can
not lie suspended even If the President
and Congress should deem that the ''pnblic
safety" required it. Knowing that no such
condition exists, yet Ben Butler and his
cohorts are equal to the emergency-and
| here let us give them due credit for real
or fancied regard for the constitution-and,
therefore, provide in their proposed law, in
substance, that it shall be invasion fol
any citizen of one state to enter another fol
"lawless purposes" We fancy, however
that this kind of constructive 'invasion'
would prove about as delusive as the ICON
struc,ive treason" of old democratic fugi
tive slave law times. We take it, that n:
| it was held that treason had certain wei
defined meaning, and that there was NJ
such thing as constructive treason so i
would be held relative to constructive in
vasion," if this proposed bill became law
| ella k. Ian,,pI m.
of those political acts Of the President o.
Congress with which the courts have no
thing to do. o. b. Clark Invade l. Yer
mont for the "lawless purpose" of Robin!
our banks by means OF forged drafts ant
checks, yet we doubt whether it would b.
seriously claimed that it was the kind o
this proposed law in force, either Congress
or the President would have the right o
power to declare and enforce martial la,
or, which is the same thing, "suspend tn
privileges OF the writ of habeas corpus
Yet il the telegraphic abstract of the pre-
posed law is correct, the advent of o. L
Clark would have been such an ''invasion
as would authorize the President to declar
martial law in Vermont Well may Messr:
Dawes, Pierce, Williams, Cobb, Hawle
and others protest and declare that the
will not support any such measure. We
might General Garfield say that if it shout
be passed sit would mean n third pres
dental term, to which lie was utterly OF
"posed." We'll might Speaker Blame sa.
she would never vote to confer this pow
"upon any President now Or hereafter"