The President read the paper which he had drawn up. Mr.
Chase proposed as a preferable course that the President should, pursuant to
the act of the 3rd of March last, suspend by proclamation the privilege of the
writ of habeas corpus on military questions. This proposition, after
discussion, met with favor from all, and the Council adjourned to 1 P.M. for
Mr. Seward to prepare a proclamation. On meeting at one o'clock, the draft
which Mr. Seward had prepared was criticized and after some modifications was
ordered to be recopied and carried into effect. All came into the arrangement
cordially after Stanton read the reports of sundry provost marshals and others
detailing the schemes practiced for defeating the draft.
The question is raised whether the executive can suspend the
privilege of the writ of habeas corpus without Congressional action. If
the executive can suspend in the cases specified, which is generally admitted,
the policy of falling back on the act of the 3d of March last is more than
questionable, for if Congress has, as claimed, the exclusive right, can it
delegate away that right? If the right is in the Executive, it is not wise nor
proper to place the proclamation on the delegated grant in the law of last
March which is made the basis of the proclamation. I think I am not mistaken in
my impression that Mr. Chase is one of those who has claimed that the President
had the constitutional right to suspend the privilege of this writ, yet he was
to-day sensitive beyond all others in regard to it and proposed relying on the
act of Congress instead of the constitutional Executive prerogative. He feared
if the President acted on Executive authority a civil war in the Free States
would be inevitable; fears popular tumult, would not offend Congress, etc. I
have none of his apprehensions, and if it is the duty of the President, would
not permit legislative aggression, but maintain the prerogative of the
Executive.
Commander Shufeldt, an officer of ability, gives me trouble
by a restless but natural desire for change and more active employment. Wishes
an independent command, is dissatisfied to be in the South Atlantic Squadron.
Inadmissible. It is only recently he has been reinstated in the service, on my
special recommendation and by my efforts, against the remonstrance of many
officers and their friends in and out of Congress. Now to give him choice of
position over others who never left the service would be unjust. I cannot do
it. Duty on his present station is arduous, irksome, exhausting; some one must
perform it were he to leave.
SOURCE: Gideon Welles, Diary of Gideon Welles,
Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30,
1864, p. 433-4
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