Year: 1863

The New York Evening Post, after remarkipg
upon the recent letter of President Lincoln on the
policy Of extraordinary arrests, and awarding to it
just commentator for the candid and conciliatory
spirit it brcathes, sgnalzes in it the same omis-
sion which we specified. Our contemporary says


I'VE have but omission to note ia the letter which
somewhat surprised; ard that is, the failure to
mention the full aud satisfactory legislation of the last
Congress the entire subj OF arbitrary arrests Per-
haps the President did not wish to any Of his respon-
sbity upon the legislative branch OF the Government or
to seem to justify bis by the ample indemnity
voted him by the immediate representatives Of the people
but part Of the history of the times evidence OF
the OF the Republican party to subject all public
action to the requirements OF law and particularly
complete exposure Of the sensessnes OF the cry which
is got against the persons power that they


serious purpose OF permanently overturnDg esta
blished institutions that legislation which secures fair
and ample trial in every of arrest by the Executive
departments ought to have been ece 10 letter which
is sure to be read by nearly every woman, and child
in the nation"


We cannot think the omission to make any re-
ference to the recent Legislation Of Congress under
this head was due to the cause assigned by the
Post, for we remember that the President, in
his message to Congress at its first session, begin
ming the 4th day of July, 1861, was so far from
reserviug to himself all responsibility growing out
Vi bniS Poncy, bnht nc lnVOkeu TIE bpeclal atJen-
tion Of the legislative branch Of the Government
to the question that had been raised respecting his
right to make extraordinary arrests and suspend
the privilege Of the writ Of habeas corpus He
then said:


Soon after the frst call for militia il was considered
duty to authorize the commanding General to suspend the
privilege OF the writ of babess corpus This
nuthory has properly been exercised, but very spang
y. IL decided that we have case of rebel


on and that the public safety does require the qualified
suspension Of the privilege Of the writ Now it is
that Congress and not the Executive invested with this
power But the Constitution itself s silent to what
who is to exercise the power -" Wh,ther there
shall be any legislation the subject and any ,hat is
submitted entirely to the better Judgment Of Congrcss"
1t will be seen that Mr.. Lincoln here comedies
the whole power and discretion in the premises to
the better Judgment of Congress-" aud Con-
gress, assuming to act upon its prerogatives, pro-
ceeded to pass the laws Of July 18th, 1862, and
March 3D. 1868, providing for the trial Of all who
should give aid and comfort to the enemy and pre-
scrbng the manner in which the privilege Of the
writ of habeas corpus should be suspended in the
case Of persons arrested under the military autho
rty of the President. If these statutes have been
recently disregarded In signal instance, we are
persuaded that it arose from an oversight on the
part of the President and that he will hereafter
gladly return to the normal course Of proceeding
against all who break the laws within States where
the dispensation Of justice is undsturbed by the
presence Of contending armies