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not fall in part on the children of traitors, rather than wholly (as in part it must) on our children. As to the suspension of the privilege of the writ of _habeas corpus_: many foolish and disloyal people, out of the folly and disloyalty of their hearts, talk as if the thing itself were something wicked and monstrous; although the Constitution plainly provides that it may be done, 'when, in cases of rebellion and invasion, the public safety may require it.' Who is to judge of the necessity, and who is to exercise the power of suspending it, the Constitution does not declare; and in the silence of the Constitution and in the absence of any legislation on the point, the President might well presume that the discretion of exercising a power constitutionally vested somewhere, and designed to be exercised in emergencies of public peril, liable to arise when Congress might not be in session, was left to him. At all events, he took the responsibility of deciding that the public safety required its exercise. Congress has since justified his course, and legalized the power in his hands. The loyal people of the nation approve its action. And finally, the constitutional right in certain cases to suspend the ordinary privilege of the writ of _habeas corpus_ carries with it, of course, an equally constitutional right to make what you call 'arbitrary arrests.' The very object of granting the power to vacate the privilege of the writ is to enable the Executive to hold in custody such persons as it may judge the 'public safety requires' the holding of--without its purpose being frustrated by judicial interference. But the power to _hold_ in custody is utterly nugatory, if there be no power to _take_ into custody. To suppose that the Constitution grants the one, but denies the other, is to suppose it self-stultified by contradictory provisions--and that in a case where the public safety in time of imminent peril is concerned. The only consistent and sensible view of the Constitution is, that as the validity of the writ of _habeas corpus_ is the ordinary rule, and its suspension the extraordinary exception--so the power to make arrests by civil process only is the ordinary rule, and the power to make arrests by military or executive authority is the extraordinary exception--both exceptions alike holding 'when, in cases of rebellion or invasion, the public safety may require.' In such cases the ordinary guarantees of personal liberty
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