Note 13 — Chapter XIX · Governor Wright—1905

It appears from the case cited in the foot-note that in the spring of 1905, one, Felix Barcelon, filed in the proper court a petition for the writ of habeas corpus, alleging that he was one of the reconcentrados corralled and “detained and restrained of his liberty at the town of Batangas, in the province of Batangas,” by one of Colonel Baker’s constabulary minions down there. The writ was denied by the lower court. In one part of the opinion of the Supreme Court in the case it is stated (p. 116) that the petitioner “has been detained for a long time * * * not for the commission of any crime and by due process of law, but apparently for the purpose of protecting him.” The opinion of the court, delivered by Mr. Justice Johnson, very properly held that the detention was lawful under the war power, basing its decision on the authority conferred on the Governor-General of the Philippines by the Act of Congress of July 1, 1902, section 5 of which expressly authorizes the suspension of the writ of habeas corpus “when in cases of rebellion, insurrection, or invasion the public safety may require it.” A long legal battle was fought, the court holding that the Executive Department of the Government is the one in which is vested the exclusive right to say when “a state of rebellion, insurrection, or invasion” exists, and that when it so formally declares, that settles the fact that it does exist. At page 98 of the volume above cited13 the court held, as to the above mentioned resolution of the Philippine Commission and the above mentioned executive order declaring a state of insurrection in Cavite and Batangas: