The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1861-06-14

place upon the subject, no one suggested tina
Mr. Jefferson might exercise the power hlmspl
II, IN his opinion, the public safety demanded
! it.
having, therefore, regarded the question as
too plain and too we'll settled 10 be open TO dis
/ Pute, II the commanding officer had stated that
/ upon MS own responsibility, and in the exercise
/ OF his cwn discretion, he refused obedience to
the wTlt, should have conlented myself with
/ ref-ring TO the clause in the Constitution aud
to The construction it received from lurlsts aud
statesmen Of that day, when the case OF Burr
was before them. But being thus officially no.
tItled tha: thespryilege OF the writ was suspen-
| drd Under the orders, and by the authority OF
| The President, and believing, as | do, that the
! President has exercised a power which he does
| not possess under the Consiitu ion, proper re-
sPect for the high office he fills requires me 10
safe plainly and fully the grounds Of my opin-
lon, IN order 10 show that | have not ventured
to question the legality of his act without a
careful and deliberate examination Of the whole
subject.
The clause in the Constitution, which au-
:horizes the suspension of the privilege OF the
writ OF ha6eas corpus, is in the 9th section OF
the frs, article.
This article Is devoted to the legislative de-
partment Of the United States, and has not the
slightest reference TO the Executive department.
1t begins BY providing "that all lIIegfslatve pow
ers therein granted shall be vested in a Con-
gress of the United States, which shall consist
OF Senate and House of representatives,
And after prescribing the manner 10 which
these two branches of the legislative depart
ment shall be chosen, it proceeds to enumerate
specifically the legislative powers which il
thereby grants, ald legislative powers which it
expressly prohibits; and, at the CONCLUSION of
this specification, clause Is inserted giving
Congress "lhe power to make all laws which
may be necessary and proper for carrying into
execution the foregoing powers, and all other
powers vested BY this Constitution IN the Gov
eFnm9nt Of the United States or in any depart
ment or Office thereof''
The power of legislation granted by this lat
ter clause is bv ITS words carefully confined TO
the specific objects before enumerated. But as
this limitation was unaJ oidably somewhat in
definite, 1t was deemed necessary to guard more
effectuallv certain great cardinal principles es-
sentiai 10 the liberty of the citizen, and to the
rights and equality Of the States, hy denying tn.
Congress, IN express terms, acy power of legis-
atlng over them It was aPprehended 1t seems
the pretext that 1t was necessary and proper to
carry into execution the powers granted and
it was determined that there should be no room
to doubt, where rights Of such vital importance
were concerned, andl accordingly, this clause is
Immediately followed by an enumeration of
certain subjects, 10 which the powers Of legsla-
ton shall not extend and the great Importance
which the trainers ofthe Constitution attached
10 the privilege OF the writ Of habeas corpus to
protect The liberty ofthe citizen is proved by
the fact that its suspension, except in case OF in
vason and rebellion, is first 10 the list OF pro-
hibrrd powers and even in these cases the
power is denied, and ITS exercise prohibited, uG-
less the public safety shall require il.
II is true that in the cases me ntioned Con-
gress is OF necessity the judge al whether the
public safety does or does not require it and
their judgment IS conclusive. But the intro
ductlon OF these words is standing admonition
to the legislative body of the danger of sus-
pending it, and OF the extreme caution they
should exercise before they give the Lovern-
ment of the United States such power over the
liberty of citizen.
1t is The second article OF the Constitution
that provides for the organization of the Execu-
live Department, and enumerates the powers
conferred on it. and prescribes its duties. And
if the high power over the liberty Of the cit-
zens now claimed was intended TO be conferred
on the President, it would undoubtedly be found
IN plain words in this article. But there is not
word in ii that can furnish the slightest
ground TO justify the exercise of the power
The article begins by declaring that the Ex-
eeQtlve power shall be vested in President of
the United States Of America, to hold his office
during the term of four yesrs--and then pro-
ceeds 10 prescribe the mode of election, and 10
specify in precise and plain words the powers
delegated to him and the duties imposed upon
hIm. And the short term for which he is E.
iected, and the narrow limits TO which his pow
er is confined, show the jealousy aud appre-
bensIons of future danger which the trainers
Of the Constitution felt IN relation to that de-
partment ofthe Governmen inland how careful
ly they withheld from it many Of the powers be-
longing to the Executive branch OF the English
Goyernu enl which were considered as danger
GUS to the liberty OF the subjpct-and conferred
land that in clear and specific terms) those pow
ers only which were deemed essential to Sc
cure the successful operation OF the Govern
ment.
He is elected, as have already said, for The
brief term OF four years, and is made personally
responsible, by impeachment, for malfeasance
in office. He is from necessity and the nature
of his duties the commander-in-chiefo of the ar
my and navy, and OF the militia, when called
into actual service. But no appropriation for
the support OF the army can be made by Con-
gress for longer term than two years, SO that
i. is in The power OF .he succeeding House of
REPRESENTATIVES to Withhold the appropriation for
its support, and thus disband it, if in their judg-
ment The President used, or designed to use,
Il FAR lmnrnner purnoses. And although the