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

might be attempted under the pTeieNt that II 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, ard, according
/ ly, this clause is Immediately followed by an
enumeration of certain subjects, which the powers
OF legislation shall not extends, and the great i'm
poTtance which the trainers of the Constitution at
tached to writ of kdbeds corpus to protect the lib
erty OF the citizen, is proved by the fact that Its
( suspension, except IN cases of Invasion and re
! belliOn, is first Ill the list of prohibited powers
and even in these cases the power is de
! MEL, and Its exercise prohibited, unless the
! public safety shall require it 1t Is true that
! in the cases mentioned Congress is, ofnecessity.
the judge of whether the public safety does
or does not require 1t; and Its judgment is con
/ elusive. But She introduction of tbess words
! Is a standing admonition to the legislative body
OF the danger OF suspending it. and Of the extreme
caution they should exercise before they give the
/ Government of the Z. S. such power over the
I liberty of a citizen.
1t is the second article of the Constitution tsat
provides for the organization of the Executive
Department. and enumerates the powers confer
red on 1t, and prescrihes its duties. And If the
. high power over the liberty of the citizens now
claimed was intended to be conferred on the
President, it would undoubtedly be found in plain
words III this article. But there Is not a word In
it that can furnish the slightest ground to justify
the exercise Of the power
lHe article DeglnS DY declaring that the ENecu-
tive power shall be vested In a President of the
L. S. of America to hold his office during term
. of four years and then proceeds TO describe the
mode of election, and to specify in plain words
. the powers delegated to him and the duties i'm
/. posed upon him. And the short term for which
/ he is elected, and the narrow limits to which 1t
. Is confined, show the jealousy and appTehensions
of future danger which the trainers of the Consti-
tuition felt IN relation to that department of the
government-and how carefully they withheld
/ from il many of The powers belonging to t he
/ Executive branch of the English government
/ which were considered as dangerous to the liberty
} Uf the subJect-and conferred (and that IN clear
and specific terms) those powers only which
deemed essential 10 secure the successful opera
/ ton of the government.
/ He is elected as have already said, for the
brief term of four years, and is made personally
/ responsible by impeachment, for mafeaSance in
! office. He is from necessity and the nature of
J his duties, commander in chief of the army anG
navy, aud the militia when called into active
/ service. But no appropriation for the support
of an army Se made by Congress for long
/ e. period than two years, so that 1t Is In the
power Of the succeeding H-use Of Representatives
to Withhold the appropriation for its support, and
thus disband 1t, if, in their judgment, the Presi
dent used, or designed TO use. it for improper
purposes. And, although tie militia when in
actual service, are under in his command, the
/ appointment of the officers is reserved to the
states. as security against tnc use OF the mill
/ tary power for purposes dangerous to the HbeT-
ties of the people or the rights of the States
/ So too his powers in relation to the civil du-
ties and authority necessary conferred on him
are carefully restricted. as well those belong
| ing to his military character. He cannot ap
point the ordinary officers Of the government nor
make treaty with foreign uation, or Indian
tribe. without the advice and consent Of the Sen
/ ate. and cannot appoint even inferior officers,
unless he Is authorized by an act OF Congress to
! do 50. He - not empowered 10 arrest a Y one
/ charged with an offence against the United
! States, and whom lie may, from the evidence be
fore him, believe 10 be guilty nor can he author
Ze any officer. civil or military. to exercise this
! power, for the fifth article of the amendments
/ to tie Constitution expressly provides that no
person shall be deprived of life, liberty prop
! erty without the due process Of law''-that Is
judicial proc, And even fthe privilege of the
/ writ Of hcJeas corpus was suspended by act of
! Congress, and party not subject TO the rules
ana articles of war was afterwards arrested and
| imprisoned by regular judicial prOceSs-he could
not Be detained in prison, or brought to trial be-
/ fore a military tnbuns ]. for the article IN the
amendments TO the Constitution, Immediately
/ following the one above referred tO-that Is the
sixth article provides that In all prosecutions
| the accused shall enjoy the right to speedy and
| public trial by impartial jury of the State
/ and district wherein the crime shall have been
! committed, which district shall have been prcyi-
ous'y 2scertained by law, and To be informed Of
the nature and cause Of the accusation; 20 be
confronted with the witnesses against him; to
| have compulsory process for obtaining witnesses
in his favor and to have the assistance of counsel
| for his defence
AMI the only power. therefore. which the
/ President possesses, where the - life liberty or
property" Of private citizen Is concerned. Is the
duty prescribed in the third section Of the second
article which requires that - he shall take care
Il, -.
| authorized t. execute them himself, or through
agents or officers. civil military, appointed by
himself hut he Is 10 take care that they be faith
fully carried into execution rs they arc expounded
| and adudge by the CO OF Innate branch 81 the
/ government, to whcn that duty is assigned by
| the Constituti II. Il i thus made his duty TO
come in aid Of the judicial authority. if it shall
. he resisted by force too strong 10 be overcome
/ without the assistance of the Executive arm.
But in exercising this power lie acts in subordi-
nation tn the ju.licial authority, assisting 1t to
| execute its process, and enforce its Judgement
With such provisions in the Constitution, ex
pressed in language too clear To be misunderstood
| by any one. | can ground whatever for
! suppoSing that the President in any emergency
or any state of things. can authorize the suSpen-
sion uf the privilege OF the writ Of h1beGs oo7',tS,
or arrest citizen, except Al aid ct the judicial
| power. tie certainly Cocs not faithfully execute
the laws II he takes upon himself Legislative pow
er by sIIspending the wriJ Of habsas caTyss-and
the judicial power also, hy arresting and impris-
oning person without due process of law Nor
can any argument be drawn from the nature OF
sovereignty, or the necessities Of Government for
self defence in times of tumult and danger. The
Government OF the United States is one Of dele
gated and limited powers. 1t derives its exist
I ence and authority altogether from the Ccnstitu-
ton, and neither of its branches, Executive
Legislative. or Judicial, can exercise any Of the
powers of Government beyond those specified and
granted. For the 10th Article of the amendments
to the Constitution, in express terms, provides
that The no1rers not dtIenatel to the Initei