The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-16
SUSPENSlON OF THE WRIT OE
HABEAS CORPUS.

If the people of the United States were
in the temper to lie surprised at anything,
it would be q matter of astouishmcnt to
them that in the last quarter of the Zine
tenth century, in the closing year OF the
first century of the country's independence,
serious attempt was being made to strike
down the bulwark of the liberty of the
person guaranteed by the constitution. Yet
so it is, and the attempt is also made to
make the support of such measure test
of party fealty. A bill is now being con-
sdered by joint republican senatorial and
representative congressional caucus, con-
terring upon the President of the United
States full authority to suspend the writ
of habeas corpus when, in his judgment,
he shall deem that it may be necessary.
This, too. when the only power to suspend
the privileges OF this writ OF right is de-
rived from the constitution, wherein, in de-
filming and limiting the powers of congress,
it declares that 'the privileges OF the writ
of habeas corpus shall not bc suspended
unless, when in cases Of rebellion OF in
vasion, the public safety may require it. "
That is to say, as Theophlus Parsons ex-
presses il, that "martial law may" in the
instances specified, ''be declared and ex-
crcised." The proposition is to give the
President of the United States for the time
being, whoever he may be for all time, full
power to suspend the privileges of the writ
of habeas corpus, Notwithstanding Judge
Story, the standard authority on the con-
struction Of the constitution, says that las
the power is given to congress to suspend
the writ of habeas corpus in cases OF re-
bellion or invasion, the right to judge
whether the exigency had arisen must ex
cluslvely belong to that body" The prop
ositon Is made, notwithstanding the deci
sion of Chief Justice John Marshall, tina
''if at any time the public, safety should
require the suspension OF the powers -
that is Of issuing the witt of habeas corpus
cit is for the legislature to say so. Tha
question depends upon political consider
atoms on which the legislature is to dc
eide" We are aware that very many elm
inent men have differed widely relative t.
the meaning of the constitutional clause
short though it is, and we can say tina
while agreeing with Attorney-Genera
Bates that we are ''by no means confident
that we "fuly understand il" oursclf, We
we had far rather follow the guide of Mar
shall and Story, rather than If the sam
attorney general, who held that the Pres
ident had full power to suspend The priv
ivilcges of the writ, without any authorit
from congress, because the suspension
would be ''poltical act and it would b
absurd to say that any court or judge 'ca
take cogniZance Of any political act OF I'll
President, or undertake TO revise or II
verse his political acts The clause quo
ted may he good law, and we believe it S
in the Rhode Island case, the suprem
court Cf the United States substantially S
decided, that under the constitution III
President has power to suspend this WI
WI iiBh' JNt o"'h 10 'HS argument
may he, too, that congress has the right [
delegate its powers to the President, bl
we are shy no means confident that an
one fully understands" how it can /
constitutionally done. We know that col
gress has so delegated this power MOI
than once, but it by no means follows Thu
their action was constitutional or lega
Strange as it may seem in these latter day
congress has passed acts not authorized |
the constitution, and such pretended Law
have been declared by the highest court
void and of no effect. 1t would not