Evening star., 1942-07-30

and that Gen. jackson refused i'm
mediate reimbursement from private
sources and from the Federal Gov
ernment, insisting that Congress
first approve his action and its val
idity, which involved long political
fight before his vindication.
This problem involves, ultimately,
the powers of the Executive. These
are granted by the Constitution to
the President generally, and this Is
not by chance 1t becomes more
evident, as Madison's notes on the
constitutional debates are reread
that the trainers were deeply con-
cerned with limiting the legislative
powers, for Parliament's actions
/ with respect to the Colonies were
not forgotten.
| So the leading figures sought to
create a strong and independent
| executive as check. Not only Is
| the executive power vested exclu-
sively in the President. but he is also
specifically enjoined to see that the
| laws are faithfully executed. This
implies that the courts. the marshals
and other civil officers. may not be
able to fulfill their duties.
In certain cases of national emer-
! gency or danger he has authority to
execute the full force Of his power
to the extent necessary to accom-
plish the purpose, which ultimately
is the preservation of the Nation
AS the United States Supreme Court
said in the case upholding executive
action in furnishing armed protec-
ton to Justice Field. the duty of
the Executive to see that the laws
are faithfully executed is not limited
to the enforcement of acts Of Con-
gress or of treaties OF the United
States according to- their express
terms, but includes the rights, duties
and obligations growing out of the
Constitution itself, and internationa
relations. and "all the protection
implied by the nature of the Gov
ernment under the Constitution"
This involves the use of all means
at his command, including the
armed forces. The detention OF per.
sons, the seizure of property, ever
the trial Of violators of orders which
he has issued, are proper If justified
by the emergency.
The exercise OF this power ovel
persons and property. like tn,
courts power to punish for con-
tempt, is inherent In the executive
power. Unfortunately. this question
has received influential considera
ton only when the country has beer
engaged in bitter political contro-
versy, as In the jackson and Lincolr
episodes, so that reasoning has beer
colored by partnership. But ir
those cases the Executive accomp.
lished his purpose and ultimately hi.
conduct has received the approba
ton OF history.
Conclusion.
Throughout our constitutional his.
tory, numerous cases, textbooks ane
commentators have insisted tha
only Congress can suspend the wri
of habeas corpus, and that the powel
to declare martial law does not in
clude the right to refuse to recog
nize the writ. Generally, however
these authorities fail to distinguish
between a general suspension of thu
writ and temporary refusal in in
dividual cases to recognize the wri
during the existence of martial rule
or fail to distinguish between
power" and improper exercise O
power
Finally, the question whether tn
executive can answer a writ o
habeas corpus, by refusing to pro
duce person in custody, involves ,
conflict between executive and ju
dietary powers, and there can be onl,
one answer.
. If the emergency justifies th'