Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-06-07

the public safety shall require it.
IL is true that, In the cases mentioned, Con-
grees is, Of necessity, the judge of whether the
public safety does or does not require It; and
their Judgment Is conclusive. But the intro
duction OF theee words is standing admoniton
to the legislative body of the danger of suspend
Ing 1t, and Of the extreme caution they should
exercise before they give the Government of the
United States such power over the liberty of O
? citizen.
IL is the second article OF the Constitution
that provides for the organization Of the Exc
cutive Department, and enumerst,s the powers
conferred on 1t, and prescribes its duties And
IT the high power over the liberty of the citizens
now claimed was intended to be conferred on the
President, 1t would undoubtedly be found In
plain words In this article. But there is not a
word In 1t that can furnish the slightest ground
to justify the exercise Of the power.
The article begins by declaring that the Exc.
cutive power shall be vested in a President Of
the United States Of America, to hold his office
during the term Of four years; and then proceeds
to prescribe the mode Of election, and to specify
In precise and plain words the power delegated
TO him, and the duties imposed upon him. And
the short term for which he is elected, and the
narrow limits to which his power Ia confined,
show the Jealousy and apprehensions Of future
danger which the framers of the Constitution
felt In relation to that department Of the Gov
eminent, and how carefully they withheld from
10 many OF the powers belonging to the Execu-
tive branch Of the English Government which
were considered as dangerous to the liberty of
the subject, and conferred land that In clear and
specific terms) those powers only which we're
deemed essential to secure the successful ope-
ration Of the government.
He Is elected, as have already said, for the
brief term Of four years, and is made PERSONAL
ly responsible, by impeachment, for malfeas-
ance In office. He Is from necessity and the
nature OF his duties the commander il. chief of
the army and navy,and ofthe militia, when call
ed into actual service. But no appropriation for
the support OF the army can be made by Con-
gress for longer term than two years, 80 that IL
ls In the power OF the succeeding House of Rep.
resentatives to withhold the appropriation for it's
support, and thus disband 1t, if in their iudp-
ment the President used, or designed to use il,
Tor improper purposes. And although the mill.
tia, when in actual service, are under his COM
mand, yet the appointment Of the officers is re-
served to the States, as a security against the
use OF military power for purposes dangerous
10 the liberties OF the people or the rights of
the States.
So, too, his power in relation to the civil
duties, and authority necessarily conferred on
him, are carefully restricted as well as those be
longing to his military character. lie cannot
appoint the ordinary officers of Government,
nor make treaty with foreign nation or In
dian tribe, without the advice and consent of
t6e senate; and cannot appoint even inferior
otncers, unless he is authorized by an act of
Congress to do 80. He is not empowered to ar.
rest any one charged with an offence against
the United States, and whom he may, from the
| nVidanpa hal hal;a -
can he authorize any officer, civil or military,
to exercise this power, for the fifth article of
the amendments to the Constitution expressly
provides that no person "shall be deprived Of
life, liberty, or property, without due process of
law"-that is, judicial process.
And even, If the privilege of the writ Of habeas
corpus was suspended by act of Congress, and
party not subject to the rules and articles of war
was afterwards arrested and imprisoned BY reg
ular judicial process he could not be detained In
prison or brought to trial before a military tri.
bunal; for the article in the amendments to the
Constitution mmediatelytfollowing the one above
referred to-that is, the sixth article-provides
that in all "crimnal prosecutions the accused
shall enjoy the right to speedy and public trial
by an impartial jury of the State and district
wherein the crime shall have been committed,
which district shall have been previously ascer
tanned by law, and to be informed of the nature
and cause of this accusation; TO be confronted
with the witnesses against him; TO have COM
pulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for
bis defence.'
And the only power, therefore, which the
President possesses, where the "life, liberty, or
property" of private citizen is concerned ia
the power and duty prescribed in the third sec
tion Of the second article, which requires "that
he shall take care that the laws be faithfully
executed" He is not authorized to execute
them himself, or through agents or officers, civ.
IL or military, appointed by himself, but he is to
take care that they be faithfully carried into exc.
cution, as they are expounded and adjudged by
the coordinate branch of the Government to
which that duty is assigned by the Constitution.
1t is thus made his duty to come in aid of the ia.
dicial authority, If it shall be resisted by force
too strong to be overcome without the assistance
OF the Executive arm. But, In exercising this
power, he acts In subordination to judicial au-
thority, assisting it to execute its process and
enforce Its judgments.
With such provisions in the Constitution, ex-
pressed In language too clear to be misunder-
stood by any one, can see no grounds whatever
for supposing that the President, in any emer-
gency or In any state of things, can authorize
the suspension OF the privilege of the writ of ha.
beds corpus, or arrest citizen, except in aid of
the judicial power. He certainly does not faith.
fully execute the laws II he takes upon himself
legislative power by suspending the writ of ha-
6eas eorpus-and the judicial power, also, BY ar.
resting and imprisoning person without due
process oflsw. Nor can any argument be drawn
from the nature Of sovereignty, or the necessi-
ties of government, for self-defence in times of
tumult and danger. The government of the
United States is one of delegated and limited
powers. 1t derives its existence and authority
altogether from the Constitution, 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 Consti-
tuition in express terms provides that "the pow
ers not delegated to the United States by the
Constitution, nor prohibited by 1t to the States,
are reserved to the States respectively or to the
people" r.
Indeed, the security against imprisonment by
executive authority, provided for In the fifth
article of the amendments of the Constitution,
which have before quoted, Is nothing more
than COPY of like provision In the Epglish
Constitution, which had been firmly established
before the Declaration of Independence.
Blackstone, In his Commentaries (lst vol,
1877, states IL in the following words 4 Il
"To make imprisonment lawful, IL must be
either by process from the courts Of judicature
or BY warrant from some legal officer having au-
thority to commit 10 prison." And the people
of the United Colonies, who had themselves
lived under its protection while they were Brit
ish subjects, were well aware of the necessity
of this safeguard for their personal liberty
And no one can believe that, in framing gov
lnl ~ .ksl IN =. Al.