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The Daily Dispatch: October 23, 1862., [Electronic resource], The latest from the North. (search)
resident of the United States had the power to suspend the writ of habeas corpus, he could not delegate that power to his subordinate officers. That the Constitution made the President commander-in-chief of the military forces of the United States, and that this, with the provisions of the laws of 1795, which had been declared to be constitutional; conferred upon the President power to declare martial law, and martial law having been declared by the President's Proclamation of the 24th of September, se facts the writ of habeas corpus, was now suspended. Therefore, if the said Field was now produced before the Court, he could not be discharged, but would have to be remanded to the custody of the Marshal. On the first of September, however, when these proceedings were instituted against the Marshal, the writ of habeas corpus, was not lawfully suspended, and it was no justification to him that he acted under the orders of the War Department, those orders having been issue