Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1861-06-21
THE POWER OF SUSPENDlNG THE
PRIVILEGE OF THE WRIT OF
HABEASE CORPUS.
I For the PAita. Press.

HABEAnE tUhfUS.
[For The Fhita. Press
Every man in our U0ion loving city, ready
and determined 10 assist the national Govern
ment in eradcating treason and crushing a
wicked rebellion has, either openly sileutly,
thanked The Press for its clear. patriotic, aud
forcible refut alton of Chief Justice TaneY's
idea, elaborated in bis opinion ia the Marilnan
case, that The power Of susPending the privi-
lcge of rebellion invasion, is exclusively
legislative.
An additional argument Of The Press, that
the power Of suspcndiug the privilege of this
writ, 10 cases OF rebellion OF Invasion, may be
exercised by the Executive when the public
safety requires it, is found in the proceedings
Of the Federal Convention which framed The
Constitutions.
Mr. Pickuey, of South Carolina, a member
OF that Convention, in submitting a series Of
propositions, to be embraced 10 the Consiitn-
ton, including he following;
"The privileges aod benefit Of the writ of
habeas corpus shall be enjoyed 10 this Govern
nent 10 the Inost expeditions aud ample manner,
and shall not be suspended by the Legislature
except upon the most nrgent occasions, and
for limited time, not exceeding months
This and the other propositions relating to
other subjects we're, by the Conveotion referred
to Committee OF detail. Madison Papers.
vol. 8, p. 1865.
After the report OF the committee, and this
provision came up for debate, Mr. Pckney, dfg-
lug tie prtprety Of securing the beuefit OF
the habeas corpus III the most ample mauner,
moved that il should not be suspended but On
the most urgent occasions and then only for
limited time, tot exceeding twelve months
Mr.. james Wilson, Of Peuniy ylvania, thought
ii was in the discretion Of the courts to suspend
the privilege.
Dir. Goyeronr Morris, of New York, moved
that ''tbe privilege of the writ of habe4s cor
pus should not be suspended, unloss when, in
cases of rebelliono or invasion, the public safety
may require IT,
vote was taken the word "uu1ess,n
which passed unanimously, and the whole. as
moved by Mr. Morris, passed by majority Of
four. New Hampshire, achasetis, Cou-
neeticut, Pennsy lvania, Dsla ware, Maryland,
aud Virginia, seven States, voting n the af-
tiFmatiee, aud North CaloIina, South Caroliua,
and Georgia iu the negative.
Madison Pape s, vol. 3. ,. l44I.
Thas It will be seen that the express pow er
of sustending the privilege of the writ By the
Leg'stafure vas stricken out, and the clause
framed By the Convention az i; now stands in
The Constitution.
If the trainers Of the Constitutiau intended
that the power of suspension sh ould be exer-
cl'ed only BY the Legislature, how easy and
natural it would have beea 81 adopt the lam
guage of the proposition submitted 10 the
Convention BY Mr.. Ptuekaey Even if that Ian.
guage, ''shall not be suspended by the Leg
lslature, rxoept," bad beer adopted by the
Convention, is is submitted the Executive
woald rot have beer excluded from exercising
the power of the writ. Be that as it may, the
couscut0n excluded The word :. Legislature .
in the provision framed b. it, aud thus the
presumtion Is a powerful ane, that the trainers
of rbe Coust sutton designed th AT the power OF
sn>pending the privilege of the writ should
aud could be exercised by the Executive.
This view IS trengtliene4 By g,ancing nj
the same pFovi-ioa IN the Constitution of Penu-
sylSania. ls is word for word that OF the
Constitution of the United States This pro.
vision was in the Constitution of Pcnnsylvapia
of 1870 as 1t Is in the amended one of 1888
James Wilson was prominent nleiabeT of the
Conyeptlon which framed th. Constitution of
Pennsylvauia Of 1890, aud he was as has been
seen, an active member of tae Federal Con-
veusion which framed the Constitution of the
Uuited States in 1887. His attention, there's
fore, mnst have been given to the exactly sims
liar provisions of both Cons tilutiCns.
These historical references are submitted
to tortify-though not Decessary-the unans
swcrable argument of The Press, that the
power of suspending tue privilege of the writ
nF b.k bod baIl
overthrow the National Government, may and
ought TO be exercised by the Executive, and
that in such exercise be is vigilaDt in taking
g care that the ia,cs be faithfully erecuted" +"
Juhe 9, 1861 COKE.