Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-06-07

81
nttt 30 'fssffi rI,a. .iaat-
II Is tia "a suas'a ul iHo Cor .tiutftlt li,a
nin',iiss isr li.aiHtE.l,',or a ihe sssftEIs
'hihitmrf,r. a,l rrune,Ets- ii,t uassra. ,.n.
fsf.ti nH 81, hnd I,'s rfGhrt it's 'luii.s ili
the high r"arr over thr lrrrl ut 'hs. cIi, a
nos claimed, nss ,r'rnbci 80 l,n conferred ~
the ffeA'Icrh. 4 w"iitil U,ilnbtrdt lr Iuut
IN plain words ~ tbs article |Iul rNrrc J. mol
u wOfd IA II that r,H lnfnHli lL rtghi,=
ground +" justify a." ,trryi." al li,e I.Uwr'
The article hcgins hy declaring that ilit
Executive power shnll hc vested inu ircsrlrnl
OF the United States cf America. 10 bold III.
0lcr during the term uI iuir years and ll,cr
proceeds TO rrcscliDr the ulo,irnf election ard
To specify, III precise and plain words, thc
pogers delegated to l,m aud the duties in
posed upon him. Aai The shut term lor
which he is elected, and the narrow limits to
which his power is confined. show the JEALOUSY
and apprehensions Of future danger which lhr
frargers Of the Constitution felt III relation tc
: thatlGepartnent OF the Government and how
7 carefully they withheld from it many Of the
!powess.belonEing .o ~ Execu,ixs. branch o.
81 as's consid
- y IS dsSgerous to the liberty Of the sub
icct-and conferred (and that in clear and
Spcca.: ter.ps) those powers only which w@r.
dee.aed essential TO secure ihc successful opera
lion Of the Government.
lie is elected, a. have alrea'! y said, for the
brief term OF four years, and is made person.
ally responsible, by Impeachment, for melfeaS.
ancein Office He is from necessity and the
nature of his duties, the coInnander-ir.c chief
Of the army and navy, and Of the militia, when
L Pf,t
lnn for the support Of tic army can be made
hy Congress for longer term than TWO years,
so that it is in the power Of the succeeding
House Of Representatives TO withhold the ar'
propriation Tor IFS SUPPORT, and thus dsoard
il, il, in their Judgment the President uSc'l, or
designed 10 use, it for improper purroses.-
And although the militia when in actual ser.
vice, arc under his command, yet the appoint.
lnr!:, Of the oihcers is reserved u the States,
rs security against the use OF the military
poser for purposes dangerous TO the liberties
Of the people or the rights Of the States.
So, too, his powers IN relation io the civrl
duties and authority necessarily conferred On
him are carefully restricted al ell as those
belonging TO his military character. lie cannot
appoint the ordinary officers Of Government
sor make treaty with foreign nation Or In.
dian tribe without the advice and consent Of
! the Senate, and cannot appoint even inferior
officers, unless he is authorized by any act Ul
! Congress to do so. Lie is not empowered to
arrest any one charged with an offence against
the United States, and whom nc may, from the
evidence before him, believe to be guilly-nor
can he authorizeany officer, civil or military, to
exercise this power; for the 9TH article of the
amendments to the Constitution expressly
provides that no person "Sball hc deprived Of
| life, liberty or property without due process
Of l4w"-that is, judicial process. And even
! if the privilege OF the writ OF haGeas corpus
was suspended by act Of Congress, and a par
" not subject to the rules and articles Of var
was afterwards arrested and imprisoned by
regular judicial process, he could not be de-
tanned in prison or brought to trial briore 4
military tribunal, for the article in the amend.
raenls to the Constitution, Immediately follow
ing the one above referred to-that is, the G!h
artcle-p,oyides that "in all criminal prosccu.
;ions the accused shall enjoy the rish. to Il
SPEEDY end public trial BY AZ impartial jury Of
the State and district wherein the crime snail!
have been committed, which d!stric: snail have
been previously ascerlained b. law, and to bc
informed of the nature and cariSr OF the accu.
| II
] against-him.; to have compulsory process for
ct.a.Gii;s 1;sc&sscs in his fa"cr und 20 have
the assistance Of counsel for his defence"
And the only power, therefore, which the
| President possesses, where the life, liberty or
property" Of private citizen is concerned, is
| the power and duty prescribed in the third
section OF tic ID article, which requires that
! he shall take care that the laws be faithfully
executed" lie is not authorized TO cxcc.ile
Them himself, or through agents or officers,
civil or military, appointed b. himself, but he
is to take care that they he faithfully carried
into execution - they aic cXpoundcd and
adjuducd by the cururdIliatc branch OF the
; Government, 10 whic.! that duty is assigned
By the Constitution. Il is thus made his duty
to come in a,l Cf the jud!cal authority, il 1t
shall be resisted b. a I1rce too strong 10 be
/ overcome without the assistance of the EXecli-
tive arm Bnt III exercising this power, he
! acts III suborina;ion to judicial authority, as
s,S;!ag ii 20 cxrcutu It's process, and enforce
| It's Judgments
Wiril such provisions in the Constitution,
cX1rcsSed IN language too clear 10 bc m:Sun-
,.rr:.tnud by any one. | can see no ground
whatrs CT for suppu'lEg that tie President, IN
anr emergency or in any state OF. things, can
authorlse the suspension Of the privilege of the
writ Of haheds corpus, or arrest Il citizen, cx.
ccp, in aid OF thu judicial power. lie certain
lv does not faithfully execute the laws, ii hc
takes upon himself legislative power By sns.
pending the writ Of h,tjeas c0rpas the j,l-
,iic!al power also, by arrcSllng ana impri-
sunirg PERSON without Gme process Of law
Nor can any argument he drawn from The IA
turc Of sovereignty. or the necessities OF gov.
.rnnrn, for sci. defence III times "f tumult and
dancer. The Government nf TIE United States
is ulIe df delegated and limited powers. Ii de-
rivrS It's existence and auhU;itv altogether
from the Constitution, and neither Of lis
branches, Executive. Legislative or Judicial,
car exercise any Of The p"we:S OF government
bcvnnd those specified anu granted. For the
10Th article Of the amendments 10 the Constl-
tniian, in cxreSS terms provides that ''thc
rnwcrs not dr,r.atcd to the United States by
TIE Constitution. nor prohibited hy 1t TO tn.
States are !eS, rrr'i IL the States respectively,
or TO the people.
Indeed, the security against Imprisonment
By executive authority, provided for in :ht
fifth article of The amendments Of the Consti
tu,iyn, which hav. hcli,rc quoted, is nothing
more than a copy Of like provision in The
English Constitution, which had been firmly
established before .- Declaration OF lndepen
dcnce
blackstone, in his Commentaries fist vol,
1917, states it in the following words:
I" 10 make Imprisonment IIwfui, 1t must be
cither br process from the Courts Of Judica
ture or by warrant from some legal officer
having authority to cornlni: to prison" And
the people of the United Colonies, who had
themselves lived under its protection while
they were British subjects, were well aware oi
the necessity Of this safeguard FIR their personal
liberty. And no one can believe that in framing
government intended 10 guard still more etL
cien;ly the rights and thc hb%rtI's "i thr ci.l'
zenS against executive rncroachment ami op.
preston, they would have conferred oa tie
President power which the history Of Eng
land had proved to be dangerous and oppres-
sive in the hands OF the Crown, and which the
! ,onnlc or E,rIopd had comnelIcd il to sur.