CHAPTER II
[11] Suspension of the writ, and declaration of martial law were, of course, as simulated in the raid itself. The story of the exercise may be traced in the New York Times, June 16, 1955, pp. 1, 16; June 17, 1955, pp. 1, 10, 11. The full text of the proclamation is available in Senate Committee on Armed Forces, Subcommittee on Civil Defense, Hearings on the Civil Defense Program, Part II, p. 746 (1955). Cf. Professor Charles Fairman’s remarks in “Government under Law in Time of Crisis,” a paper presented at the Marshall Bicentennial Conference, Harvard Law School, September 1955: “Indeed it is rather a matter for shame that we take so little thought for the morrow. More than mere individual self-preservation is at stake. If we believe that the Western Civilization we know is worth maintaining, if we are devoted to the conceptions of law and justice as they have been defined in the course of our history, then surely we should be moved to make them secure.”
[12] Id. It is this idea that emergency may require executive action contrary to the law, i.e., a suspension of law which is most dangerous to constitutional morality. It presents the executive with false alternatives: “Was it possible to lose the nation and yet preserve the Constitution?... I felt that measures otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the nation.” Abraham Lincoln, letter to A. C. Hodges, April 4, 1864, Henry J. Raymond, The Life and Public Service of Abraham Lincoln (New York: Derby & Miller, 1865), p. 767.