Year: 1864

HABEAs CoRPus-ARBIrRARY Power We copy
ar:i"sr Of Tuesday last: t-


ARREST on mere suspicion has always been re-
garded as the most odious exertion of arbitrary
power. The practice has produced more revolution
than it has ever repressed The British race have
regarded it with more bitter and implacab!e abhor-
renee than any other branch Of the human family.
For two centuries half of English history is occu-
pied with the cardinal theme of habsas corpus. On
this matter hinged the most bloody and destructive
civil war that ever cursed the land from which this
people sprang. Arbitrary imprisonment may quiet
the submissive populations cf continental Europe.
and efectuallY serve tho despotic purposes of a
Romancf or Buonaparte; but among the country
men of Hampden ard their descendants they have
been fruitful only Of bloody outbreak and ilnplaca-
bic civil dissension. They are in coafict with our
traditions and education. They are offensive to al
our historic ideas, and repulsiye to thSust pride
We cherish in our institutions and descent The
minds of our people are intlamed on the topic Of
personal llberty-infamed by several centuries of
animated history and the suspension of habeas cor-
p" would excite the very disorder 1t is intended to
prevent.


We are compelled by an irresistible conviction Of
duty to protest against suspension Of this writ
The ends designed to be attained by such meas.
ure can be reached by other means 1t is said to be
aimed ct secret treason in special localities. Let
the laws against treason be amended to embrace the
new and concealed phases of the crime; and let a
change of venue be allowed at the discretion OF gov
ernment The measure is said to be necessary for
the suppression of struggling. Let stragglers be
tried summarily before an impromptu court COM
posed of any three commissioned officers nearest the
place of apprehension, and condemned and shot on
the instant Of conviction. Some measure of this
sort would put an end to real struggling, which is
the evil complained of.


The mere fact of reposing arbitrary power, against
which our people have traditional repugnance in
the hands of the Executive would do ten-fold more
harm than it would cure. And in this case We
have the additional apprehension that the power
would rot be used to public advantage, but abused
to purposes of personal malignancy. 1t is mourn
full fact, placed beyond doubt by conspicuous evi.
dence, that the Executive is capable of employing
the great powers of Government for the unworthy
qualification of animosity. There is not one man
in every hundred citizens Of the Confederacy who
does not entertain this opinion The measure itself
is repugnunt to the minds and feelings Of the people
and this repugnance is strengthened by a general
apprehension that the power of arbitrary arrest
would not be employed for the public good, but
abused to private injury. Bold nsolent, dangerous
Unionists would remain unmolested, and Jealous
secessioniss intent for the good of the cause upon
holding government to its duties, would be the
victims Of official passion.


Even if this grant of arbitrary power were ever
wise in ITSELF under all the circumstances of the
hour and even if our people had not been educated
in an lnveterate repugnance to these despotc ar
rests; still, what good would come of the grant
Some of the wisest Legislation of statute books
is dead letter from the refusal or ncapacity of the
Executive to put it in force; and how often has il
been the case that the best legislation has beer
perverted to the worst purposes-purposes wholly
aside from tho intentions of Congressf Who viii
undertake to guaranty that this po~er Of arbitrary
Imprisonment will be exercised for the purposes
contemplated Sy Congress in granting its


We trust the Examiner has done the President un
intentional injustice in saying that he has employed
or would employ bis power to crafty his persona
malignancy. Surely, surely Mr.. Davis would no
do that If we believed so We should despair of tn,
Republic,