Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1861-06-19

) him are carefully restricted. rs wrl as those
belonging to his miltary character. Ee can
not appoint the ordinary officers o! Govern
mcnt nor make 6 treaty with. foreign nation
or Indian tribe without the advice and con-
sent Of the Senate, and canno, appoint even
inferior officers. unless he is authorized by an
act of Congress to do So He is not empow-
cred to arrest any one charged with an offence
against the 'ni!ed States and whom ne may.
from the >cvidcnce' before him. believe to be
ouilty-ror can lie authorize any officer, civil
or military. to exercise this power; for the
9TH article of tie amendments to the Consti-
tuition expressly provides that no person shall
/ he deprived OF life liberty or property with
out due process Of !aw'-thst is, judicial pro.
cess. And even if the privilege of the writ
of habeas corpus was suspended by act OF
Congress, and party no; subject to the rules
| and articles of war was afterwards arrested
and imprisoned by. regular judicial process,
| nc could not be detained in prison or brought
to trial before military tribunal, for the artl.
Gle in the amendment to the Constitution,
immediately following the one above referred
to-this is, the 9th article-prordes that Z" in
! all criminal prosecutions the accused shal! en-
! jor the right tu a speedy and public trial by
! an impartial jury Of the State aud district
! wherein the crime Shall have been committed,
! which dis;ric; shall have been previously as
cer;ained BY law, and TO be informed ol the
nature ard cause of the accusation; TO lie
confronted with tic witnesses against him
: to have compulsory process for obtaining wit
nesscs in his favor, and to have the assistance
! Of counsel fer his defence"
With such provisions in the constitution
! expressed in language too clear 10 he snlsun'
/ ,lcrStood by any one. can see no ground
! whatever for suprosmg that the President
; in any emergency Or in any state of things
can authorize the suspension Of the privilege
of tie writ of haJcas corpus, or arrest 4
citzcn cxccp; in aid of the judicial powcr
He certainly does not faithfully execute tho
laws, il lie takes upon himself Legislative
power, by spsrcnding the writ Of aabsaS cor
| pus-and :he judicial power also, by arresting
and ,nrrsol.ing Il person without due pro
\ cess of iaw Nor can any argument be drawn
ifoin the nature Of sovereignty or the nccessi-
ties q governments for scifdciencc in times
nf tumuit and danger. The government o
the United States is ome of delegated and
limited powc:s. lie drives lis existence and
authority altogether from the constitution
and neither of its branches, executive, icgis
'a,;ce or iuGicis}, can cxclci.e sny Of tn
,owcrs Of government beyond those specified
.nl granted. For tie tcnth article OF .ht
au,rn,!r,cnt to ,le constitution in express
,c:lns provides that .l|.e =, wcrs not delega
led . Tie ini:cd >;:a,cs y the constitution
nor aroihi;e'l i.v ii 10 Tie State, ere rcseI7t'
To tic States respectively or 10 the people
ln,iccd. TIC security against impri'onln"n
i,y executive authority, provided for in TIN
iirt: ;,rticlc Of the amendments Of the conSti
tution, which have byloIc quoted, is no;hin:
more than u copy Of like provision in lh
j ENGLISH CONSTITUTIONS which Lad been i:rmi,
established hefo-" the Declaration ol hide
a,n.ience.