t of war the laws
are silent, is not to be condemned. For our laws are of no avail, the
nation cannot enforce them, so long as armed rebellion threatens its
existence. With the nation, all its laws, principles, vital forces, are
equally menaced and imperilled; and they are, in virtue of that very
fact, in abeyance, in order that they may be saved. It is said that the
Constitution is not suspended because of rebellion, and this is the
basis of much declamation, both in the Chicago platform and elsewhere,
against the exercise of extraordinary powers on the part of the
President. But the Constitution authorizes the suspension of the writ of
_habeas corpus_, that great writ of right which is the bulwark of our
Anglo-Saxon liberty, 'when in cases of rebellion or invasion the public
safety may require it;' and confers upon Congress full power to
legislate for the defence of the nation, making it then the duty of the
President to 'take care that the laws be faithfully executed.' What more
is needed as a warrant for extraordinary power? The Chicago Convention
has appealed to the Constitution, and in that has done wisely. But what
is the Constitution? It is the organic law of the nation. In virtue of
it the nation exists, and by the supreme warrant of it the nation
maintains its existence against parricidal treason. Under the
Constitution all power is granted to the public authorities to quell
insurrection; and the grant of a power, by one of the first principles
of law, as also of common sense, implies every essential incident to
make the grant effectual.

In support of these views it is pertinent to cite the authority of an
approved text writer on municipal law, whose book has appeared since
they were first written, and who has elaborately investigated the points
involved. The result of his patient and thorough study is stated in
these propositions:

'That no civil power resides in any department of the Government to
interfere with the fundamental, personal rights of life, liberty,
and property, guaranteed by the Constitution; that a warlike power
is given by the Constitution to the President temporarily to
disregard these rights by means of the martial law; that under the
sanction of this species of law, the President and his subordinate
military officers may, within reasonable limits, suspend the
privilege of the writ of _habeas corpus_, cause arrests to be made,
trials and cond