Year: 1863

Sound Democratic Doctrines.


We make the following extracts from the
excellent inaugural address of Gov. Parker,
of New Jersey


ILLEGAL ARRESTS.


The war now in progress was, with un-
animitv, declared by Congress to be waged
on the part of the United States, not for
any purpose of conquest or suhjugalion
overthrowing or interfering with the rights
or established institutions of the States, but
to defend and maintain the supremacy of
the Constitution, and preserve the Union,
With the equality and rights of the several
States unimpaired. This was the only legi-
innate purpose for which the war could be
prosecuted, and with this purpose in view
the loyal States responded to the call of the
government. In accepting the stern reality
Of war for the mantainance of the Constr
tuition, they had right to expect that their
own unconstitutional privileges would be
respected. They did not expect that in or
der to support the rebellion the inalieDable
liberties of the loyal citizens must be sacri
feed. They lid not expect that the Constr
tuition of the United States was so impotent
that its supremacy could only be maintained
by violation Of its provisions.


Citizens of this State have been seized
without due process of law, without the OPP
portunity of investigation before a commit
ting magistrate, without being confronted
hv accu>er or witnesses, without being IN
formed of the cause of detention; and with,
out Indictment or trial have been forcibly
taken and confined AS prisoners out of the
State of New jersey. Such action is viola.
ton of the rights of the individual.


X


But illegal arrests would not have been
so oppressive if the privilege Of the writ o
habeas corpus had remained invioIate; for
in such case, the imprisonment, if unlawful
would have been but temporary. The sus'
pension of that writ caused the term OF
imprisonment to depend upon the will
of the person who commanded the
arrest There is no doubt but that the writ
of habeas corpus may be suspended in cases
of rebellion or invasion, if the public safety
require it. But it is of vital importance
to the people to know by what power the
privilege of this great writ can be suspended
and at whose will their liberties are held.
The power to suspend the writ of habeaS cor
pus exists in the legislative, and not in the
executive branch of government. Such has
ever been the course of judicial opinion, both
in England and America.


In our National Constitution, the provis
ion in reference to the suspension of the writ
is enumerated among the powers delegated
to Congress. The representatives coming
from every Safe and district, and more i'm
medialely representing the people, are to
decide when public safety requires its sus-
pension If it had been intended that this
grea, power over the liberty of millions
should be deposited in the breast of one indi-
vidual, it would have been SO stated in ex
press terms. The writ in its origin was in
tended to relieve from the abuse of executive
power, and it would be a palpable absurdity
to vest the suspension of its operation in
that department of Government, the action
which it was designed to review and restrain
1t is as much departure from the Constilu
ton, and almost as dangerous in its tendency
for one department of government to infringe
upon the province and assume the powers
delegated to another Department. as it is to
usurp powers that have never passed from
the people.


q WAR POWER.


In the absence of other authority to Justify
these arrests, imprsonments, and denial OF
writ of hahedS corpus, new power has been
invoked, familiarity called the "War Power,
or "lniitary necessity. ."-lt is claimed that
this power overrides all others and vests in
the Executive of government in time OF
war, a right as military commander, to do,
| ia, Of ha hipn tyhir II
he may think will best subdue the enemy
This power, as claimed, virtually suspends
the Constitution in time Of war. 1t ignores
all branches Of government except the Ex-
ecutive BY it Congress can be dissolved
at pleasure, and the Courts can be suspended
BY it, every member OF Congress ald every
Judge of the land can be imprisoned, if it be
thought the best means to subdue the enc
my. By it the vaults of the banks can be
entered and the treasure taken therefrom,
without pledge Of payment or return, il
money at the time be considered a "military
necessity" As this alleged power is limited
only by the will and discretion of him vino
exercises it, there is no conceivable form of
outrage upon the individual rights or public
interests that cannot be perpetrated under
it.


All legitimate war power is subordinate
to the Constitution ANY other doctrine
would give to one man, in time OF war, pow
or oextensive with his will; or in other words,
despotic power.


WAS THIS o?-The San Francisco Moni
tor of Saturday last says:


1t may not be out of lace to bring to
mind a circumstance that occurred not long
since in the San Francisco Board of Snpervn
sors. The military enrolment of the inhab
itants of the city had been handed in to The
proper officer, and it appeared one of the
members of that body took occasion to exam
inc the lists. He discovered that all the
Supervisors of Irish birth were enrolled liza
bic to draft; but not one of the names "f the