Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1861-07-24

right, when swayed by intense passion or preju-
dice 4 majority Of the people and their repre-
scntatives in Congress, may now say, that Presi-
dent Lincoln right in violating important
provision of the Constitution, but they will not
say 50, when the excitement OF the present hessr
shall have spent its force, and godlike reasen -
once triumphant
If we understand the President rightly, he cor
tends that even if the suspension Of the privilege
of the writ of habeas coypls unconstitu-
tional act, it was justifable the grounds of ex
pediency and extreme necessity, under the cir
cumstances. If a principle like this is sanctioned
and adopted as Constitutional law in this country,
where are to stop in its application 2 In
crisis like this, when the people are too much ex-
cited to reason calmly, or consider measures with
regard to the con. equences which to flow from
them in the future, there is scarcely a usurpaton
of power on the part of .he President, that can
not be justified on the ground of expedency. 1t
will only be necessary for him to tell the people,
that for the purpose of doing great right. he is
doing little wrong, in order to be sustained for
the time being at least. But endorsements of
this kind amount to but very little. When ar
raigned in the forum OF truth, the President Of
the United States stands upon an equality with
the humblest citizen in the land, and must ac-
knowledge obedience to the sane principles of
eternal justice, when giving an account of his
stewardship. If we acknowledge the right Sf the
President to set aside and annIl apruylsoS of the
Constitution in one case, we cannot deny that he
has the right to do il in another, if bis judgment
tells him that the public safety demands thet be
should do so. Thus. after suspending the privil
ege of the writ of habeas corpus, the President
might 60 on, and on tie ground Of extreme ne
cessity. declare himself an absolute dictator,
clothed with all the powers vested by the COnsti
futon in Congress and the Supreme Court. Was
it the intention of the trainers of the Constitution
that he should have the power to do this What
! American freeman will hesitate to answer, No?
The Constitution in the tenth article of the amend
ments declares that ''The powers not delegated to
the United States by the Constitution, nor prohb-
tied by it to the States. are reserved to the States
respectfully. or the people" This must convince
even the most keptical that this is a Gov
ernment OF strictly limited powers, which derives
/ all its vitality and v:gor from plainly written
instrument, beyond the provisions of which it
cannot legally 90. That instrument clearly de
fines the duties and powers of each branch of
Government-the Legislative. the Executive and
the Judiciary. When either branch undertakes
| to do that which it is not authorized by the Con
stitution to do it occupies the position of usurp
er, and is treating with contempt that instru.
ment to which it is bound to look for guidance
in the discharge of its duties. The .Consi ution
nowh. re authorizes the President on the ground
of expediency, or extreme necessity, to exceed or
I 90 beyond the powers expressly delegated to
! him by the Constitution. The section which we
! have quoted above, declares that all powers not
expressly granted 10 the Government are with
held and belong 10 the people or the States; con-
| sequently when either branch Of the Government
steps beyond the powers delegated to it, it is, as
we said before. acting the part Of usurper. and
whatever it may do under the plea of extreme
necessity, IS unconstitutional, ard therefor null
| and void.
! What is this right, which President Lincoln
'claims he may exercise in open disregard to the
| Constitution ! We will let him in his
/ own words the right to authorize the com
manding General, in proper cases, according to
/ has discretion, to suspend the privilege Of the
! writ of hobeds corpus, in other words, to ar
/ rest and detain without resort to the ordinary
! processes and forms of law, such individuals as
| lie might deem dangerous to the public safety"
/ How does this tai y with the clause Of the Con
/ stitution which gives the right of suspending the
/ writ to Congress alone. or with that portion OF
| the amendments, which declares that person
:. shall be deprived of life. liberty. or property,
| without due process of law We think it is in
! nlaiu and omen dis regard Cf both.
1t will be perceived that the President not only
claims the right suspend the privileges of the
writ but also the right to delegate that power to
the Commanding Generals IL the army. Under
! that power Commanding General may 90 on
= according fohis discretion" and arrest and IN
crcCrde in jail, ereTy isdir'3Hdl iH tie dis1 icf
orer arl,ich has duikoriiy erierds, ,chOm he may
! proper 10 deem dangerous to tie PWtijc safety.
And all arrested. are 10 be kept "a prison. until
1t shall please tte Commanding General, ichO as
clothed tciM despofic po,cer, to ulbar the bolts Of
I their dungeon, and lead them forth to light and
| liberty. If the President aud his subordinates
have the right to do this, where, we ask, Is the
security for the personal liberty of any man in
I the community His own private opinion Is all
/ that Commanding General is required to look
! to, before mi king an arrest He may, therefore
arrest and cast into prison. every he suspects
| of disloyalty to the Government. Deem" is
the word used " the President that means Of
course, every one he thinks is disloyal. Nay,
more than this, tyrannical General might ar
res! and lmprison the most loyal citizen in the
land, merely because he disliked him, and justify
the act on the ground that he suspected him Of
II - nj