Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-06-12
The Presidents Power Over the Ha.
beaS Cornus.

I
beas Corpus.
This subject has already been presented in or-
columns, and we presume is tolerably clear to all
readers who can understand the rights of citizens
under our form OF Gov ernment; but there are one
or two points to which we still wish to call the
public attention. The provision of the CoDstitu-
ton relied upon to justify the act of Presiden.
Lincoln In depriving citizens of their n,ertv
through the action OF the military power, and de
clinlng. through the same channel, TO respond to
the mandate of the Judiciary is contained i'm arti
Gle |, section y, clause ?, which is in the follow
ing language:
The privilege of the writ of habeas corpus
shall not be suspended, unless when in cases of
rebellion or invasion the public safety may re-
quire it,
This clause OF the Constitution is cited as an
thorIty for the orders given by the President to
the Military Commandant in Florida, to suspend
the ha6eas corpus, if in his judgment it should be
necessary, and for the action of General CadwaI-
lader under the sanction of the Chief Magistrate.
IN the case OF Merryman at Baltimore when the
writ issued by Justice Taney was disregarded.
Let us see what power the President of the United
States possesses over this question.
Article of the Constitution relates exclusive
ly to the legislative department of the Govern
ment. Section l declares how the legislative
bodies shall be composed-i e., of Senate and
House of Representatives. Section defines the
quaIihcatons' mode OF election, organization, &C.
OF the Representatives. Section in the same
manner defines the qualification. mode OF elec.
ton, organization and the duties in case of ina
peachment, of the Senators. Section gives di.
recions as to the time of elections and the day ot
meeting of the Congress. Section 5 defines tht
powers of each House respecting the aualifica.
tons of members, what shall constitute Quorum
&c. Section 6 regulates the compensation. and
torbids Senator's or Representatives to hold Office.
incompatible Herewith, &C. Section define,
the order OF legislation and the relations of the
two Houses. Section declares in direct ant
emphatic language the po,cers of Congress
Congress shall have power" to do certain speci
he'd acts embraced in nineteen separate clauses
into which said section is divided Secfion Q de
etares the restrictions upon Congress-wuAr II
SHALL NOT DO. Among these IS the clause W,
have quoted "The privilege of the writ of ha
beds corpus shall not be suspended, unless wher
IN cases OF rebellion or invasion the public safety
may require it,"
Thus we see that Congress NAV. in certain
specified cases of rebellion or Invasion. susnep,
the privileges of the writ of habeas corpus. Wh,
Is TO be the Judge OF the occasion for this exercis
oil extraordinary power by Congressi Mani
testify Congress itself, since 10 delegation is gye
to any other branch of ~ Government TO med
die with this delicate subject But has the Ex
ecutive anything TO do with it2 The powers an,
duties of that officer are set forth in article 2 q
OF the Constitution. In nc form or manner
either directly by implication. is the sliohtes
potcer conferred upon the President orer this sub
: iect. Congress and Congress alone is permitte
; 70 exercise the power in extreme cases, of whic
itself must be the judge. All interference b
the PRESIDENT Is a usurpation, in direct violation
; OF the Constitution, and without the shadow O
J right or apology.
|
Under this exhibit of the Presidents powers
let us see how he keeps 10 the letter of the Con
stitnuon which he has sworn to support. On th
) llth OF May it was telecraphed from Washing
ton, and we believe on good authority. that m
President had. by proclamation, directed eth
, Commander OF the forces of the United States o
the Florida coast to permit no person to exercis
; any once or authority upon the Islands of Ke
: west the Tortugas and Santa Rosa, which ma
be inconsistent with the laws and Constitution Z
l the United States; authorizing him at the sam
!, tme II he shall find it necessary, TO suspend n
nrn 81 hGoeas corpus, and to remove from III
vicinity of the United States fortresses all DANCE
Gus and suspected persons"
Thus we find the President, who has no const
tutional jurisdiction in the matter expressly al
n thorlzlng or assuming to authorize a military o
e ilcer, III he shall find it necessary" to suspen
the writ OF habeds corpus and to do acts which ca
= only be done by the special authority of Congre:
d in extraordinary cases. In other words, he a.
/ sumes to confer upon a military officer powel
IT which he does not himself possess. Our reader
are acquainted with the facts in the case lately
d IN Baltimore. where precisely the same thing wa
Y done which the commander at Key West was d
:, rected TO do, with the addition that Gen. Cadwa
n iader. when the writ placed in the hands
the Marshal, refused to allow it to be served thu
e practically nullifying the plainest provisions
; the Constitution. Perhaps the President expec
=, Congress to legalize this and other unconstitl
tlonal acts, at the extra session. If this mode
d procedure is to be the rule and the practice
s might be about as well to do, what we understar
> Is seriously contemplated in some quarters, d
:, clare the President Dictator and give to him f
d the time being absolute power.
Let us not be understood as making any fa
tlous opposition to the Administration Wheth,
N we agree or disagree with its policy and its me,
sures, we deem it our duty either TO render the
e a fair support or TO oppose them in the legitima
$ mode OF reason and argument, so long as they al
e tofhin the Constitution aud the iars. When the
/ step beyond that point and "trample the Const
/ tuition under their feet" we deem il our duty
protest against the act as full of danger to I'll
II liberties of the country.-N. Y. Jour. Of Com.