M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-06-20

son S opinion, the suspension OF the
writ, be claimed, on his part, no pow
er to suspend il, but communicated
bis opinion to Congress, with all the
proofs in his possession, in order that
Congress might exercise it's discretion
upon the subject, and determine
whether the public safety required it,
And in the debate which took place
upon the subject no one suggested
that Mr., Jefferson might exercise
the power himself, if. in his opinion,
the public safety required it.
Having therefore regarded tie ques.
tion as too plain and too we'll settled
to be open to dispute, if the command
ing officer had stated that upon his
own responsibility, and in the exercise
Of his own discretion he refused obe-
dience to the writ, should nave con.
tented myself with referring to the
clause of the Constitution, and to the
construction it received from every
jnrist and statesman Of that day, when
the case Of Burr was before them
But being thus officially notified that
the privilege of this writ has been sus,
pended under the orders, and by the
authority OF the President, aud believ-
ing, as ! do, that the President has
exercised power which he does not
possess under the Constitution, a
proper respect for the high Office be
fills requires me to state plainly and
fully the grounds OF my opinion, in
order to show that have not ventured
to question the legality of this act
without a careful and deliberate ex.
animation of the whole subject.
The clause in the Constitution
which authorizes the suspension Of
the writ of habeas corpus is in the
ninth section of the first article.
This article is devoted in the legis.
lative department of the United States,
and has not the slightest reference to
the Executive Department. 1t begins
by providing "that all legislative
powers therein granted shall be vested
in Congress Of the United States,
which shall consist of a Senate and
House of Representatives And
after prescribing the manner in which
these two branches OF the Legislative
department shall be chosen, it pro.
ceeds to enumerate specifically the
Legislative powers which it thereby
grants, the legislative powers which it
expressly prohibits, and, at the con-
clusior Of this specification, clause is
inserted, giving Congress "the power
to make all laws which may be nee.
essary and proper for carrying into
execution the foregoing powers, and
all other powers vested by the Oonsti-
tuition in the Government ofthe United
States or in any department or office
thereof. .. s. r.l
The power OF legislation granted by
this latter clause is by its words care.
fully confined to the specific objects
before enumerated. But as this lin
itation was unayoidably somewhat in.
definite, it was deemed necessary to
guard more effectually certain great
cardinal principles essential to the
liberty OF the citizen, and the rights
and equality Of the States, by denying
to Congress, in express terms, any
power of legislating over them. 1t
was apprehended it seems, that such
legislation might be attempted under
the pretext that is was necessary and
proper to carry into execution the
powers granted; and it was determ.
ined that there should be no room to
doubt, where rights of such vital i'm
portance were concerned, and accord
ipgly this clause is Immediately fol-
lowed by an enumeration Of certain
subjects, to which the powers of legis-
lation shall not extend; and the great
importance which the trainers of the
Constitution attached to the privilege
of tie writ of habeas corpus to protect
the liberty of the citizen, is provided
by the fact that its suspension, except
iu cases Of invasion and rebellion, is
first in the list Of prohibited powers,
and even 10 these cases the power is
denied, and its exercise prohibited
unless the public safety shall require it
Ii is true that in the cases mentioned
Congress is, Of necessity, the judge q
whether the public safety does or doe;
not require it; and their Judgment il
conclusive, But the introduction o
these words is standing admonitior
to the Legislative body of the DANCE
suspending it, and Of the extreme eau
ton they should exercise befoe the,
| give the Government of the United
States such power over the liberty 0
a citizen. ss
i 1t is the second article Of the Con
stitution that provides for the organ
lzation of the Executive Department
and enumerates the powers conferie,
on il, and prescribes its duties. An,
!, if tho hiph ,aowar ouar tha Ehortu r