Year: 1862

The Abatement Of Arbitrary Arrests.


THE HABEAS CORPUS.


The prompt disavowal by the Federal
Government OF any agency i'll the Brins-
made arrest, and its avoidance, of late, of all
similar procedures in the loyal Safes, give
general satisfaction All candid friends of
the Administration freely admit that, owing
to the super-scrviceable zeal of certain Off
olals, there was ut one time a serious abuse
OF this power Of summary Imprisonment.
In the recent canvass the Republicans for
bore TO take issue on that point at all,
though their opponents made use of it.
They cOntented themselves with trusting
that the good sense and fidelity of the
PIesldent would soon take note Of the evil,
and apply the appropriate remedies. This
seems already to have been very etfcctually
done, and, doubtless, would have been lust
as soon done had the election resulted
differently. The war devOlved an immense
variety OF mOmentOus duties and RESPONSE
bilitics upon the Administration, and, in the
nature of the case, time was necessary for
its subOrdnateS to understand them Justly.
and fulfil them correctly. All reasonable
men have recognized this, and, sure of the
Presidents uprlghtness Of intention, have
made generous allowance for errors


Many Democratic leaders, however, in
their eagerness to take advantage Of whatever
has been done amiSs in the exercise of the
power of discretionary Imprisonment, have
declaimed not against the abuse, but against
the power itself. Their habtual language
has been based on the assumption that the
hIbeGs corpus was an inviolable right of a
freeman. Its suspension they have styled
a usurpation, and as such they have de-
nounced it without measure. They have
talked precisely as if that sentence of the
Constitution which reads The privilege
of the writ OF htbalS corpus shall not be sus-
pended unLe<S 'rheit IN ctSeS ofrebeiliOn or nro-
SION the public @!jcy may require it," was with
out the last clause altogether, and the inhi-
bition absolute The trainers of the Con-
stitution contemplated that there could be a
case of rebellion when the public safety
would re7uire such suspension. If such a
case could exists at all, it certainly must be
case like the present; for no more
gigantic or formidable rebellion could
at any time arise. The suspension, then,
so far from being a usurpation, was in fact
in strict compliance with the letter of the
COnstitutiOn-an adoption of the very re-
source there specified, in cases Of great pub
lie danger The Constitution, so Jealous OF
the power of Government i'll ordinary times
yet arms the government with this extraOr-
dinary power i'll perilous iunctures and the
Government would have been unfaithful to
the Constitution, and derelct i'll its duty
had it neglected to use that power in the
great crisis now existing. Rebels and rebe
sympathlzcrs, of course, may oppose but
how truly loyal men can object to it, passe,
our comprehension. We grant that it NAV
be honestly doubted whether the president
alone has the authority to suspend, without
vote OF Congress but since the Attorney
General, the Presidents legal adviser, ha,
SO decided, and Congress itself has acquiesc
ed without a word Of complaint, it must bt
factious spirit alone that can seek to make
trouble on this score. The great fact is the
actual suspension in the face of fpublic dan
ger. No one will ever care to go into any
special pleading concerning it, who has
proper sense of that danger.


There is no denying that this power o
discretionary confinement has prevented
great evil 1t is capable of historical proc
thai the arrest and detention of the traitor
Gus majority of the Maryland Legislature
and Of the leading authorities of the city o
Baltimore, alone saved Maryland from Join
ing the Contederacy The plot was com
plete in all respects, and would have beer
put through, had it not been for the sum
mary action of the authorities in Washing
ton. In Maryland, and in every other re
gion where Secessionists abound, case
touching "the public safety" have constant
ly arisen, in which fair trial by jury wa
uttery impracticable. Juries, of course
could not be packed individuals with rebe
proclivitics would be sure to be among tn
impanneled and the unanmity requisite
for conviction would in all cases be impossi
bic. This necessity Of denying jury trial 70
political offences will contine in every State
where disloyalty extensively prevails
Martial law, too, in all its fullness must ru


to the end within the sphere of active mil
itary operations. Military necessity re
quires this, as civil necessity imposes tn
other.


But in the States, like our own, almos
universally loyal, we trust that we shall
hear no more of abihary confinements ex
cept in extreme and very peculiar cases


There are many malcontents and factionist
throughout the loyal North-men who tall
violently, and who, if they could, woul'
gladly embarrass the movements of the Gov
ernment against the rebels. But, SO lon,
as these men commit no overt act of treason
they hsd better ha left To the riahfeoue care q