The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-01-08

inquirs into the circumstances of their con
tinement after commitment by the district
court, to which they had been surrendered
by Mr.. Jefferson, Chief justice Marshall
says:
"Ifat any lime the public saitS should re-
qnire the suspension OF the powers granted by
this act in the courts OF the United States,it
would be for the Legislature TO say so.p
Pause TO notice a cmious criticism upon
thus passage by tie Attorney General in his
labored Argument in favor Of the powor Of the
President. lie says.
1.-The court does not speak Of suspendihg
the privilege Of the writ, but OF suspending
/ the powers vested in the courts by the act"
III. by the phrase sus-
pension Of the privilege OF the writ OF habeos
corpus we must understand repeal Of all the
power to issue the writ, then freely admit
that none but Congress can DO it. -. s.-
The Attorney General thinks that the pow
ers OF court are more carefully guarded
than the personal liberty Of the citizen; that
| the first can be suspended only by the jnint
action OF the whole legislative body; but that
the latter is committed TO the discretion OF
the President alone. He thinks that sus-
| pc nson of the privilege Of the writ does not
interfere with the powers vested in the
courts. What are those powers? To COM
pei the production Of the body of the priso.
ner by his custodian tn he may be remand.
cd d scharged, or beled, and, for this pur.
pose, to use the powers OF the marshal and
the posse. If the President directs his sub.
ordinate TO refuse to produce the body Of the
prisoner, to defy the authority of the marshal,
to use the Army Of the United Statos to re.
sist his posse does be not interfere with the
power vested In the courts?
The privilege OF the writ involves the right
Of the party to invoke and to profit by it, and
the power and duty of the court to issue and
bear and adiudge and TO enforce its judg
ment. The suspension OF the privilege"
suspendS the right 10 invoke the authority 10
issue and to hear--the power to enforce il;
and if this be SC, the Attorney General id.
mits that TIE suspension can only ts effected
by act of Congress,
But to return to the construction OF this
clause Of the Constitution. Mr.. Ju tice Sto-
ry, in his Commentaries, section 1896 says:
ut woul1 seem, as the power is given to
Congress to suspend the writ O. heleas corpus
in cases of rebellion or invasion, that the
right to judge whether that ex,gency had
arisen, must exclusively belong to that
body"
Judge Kent was sitting on the bench Of
the supreme court OF New York, in 1913,
when the naval and military officers Of the
United States cvaded the execution Of the
writ commanding the production of the iody
of Stacey. lie ordered an attachment TO be
issued, sayiHg
Nor can we hesitate in promptly enforc
ing doe return TO the witt When we recdi.
lect that in this country he law knows no
superior: and that in England their courts
have taught uS, bva series Of Instructive ex-
ampIes 10 exact the strictest obedience, to
whatever extent the perso to whom the
writ is directed may be clothed with power
or exalted in rank" y
III ever cqse;caled for The most prompt in
ttrposition OF the court to enforce 0heuience
to Is p, ocess. this is one. A military com
mander is here assuming criminal jurisdiction
over a private citizen; is holding him in the
closest confinement. and contemning the civ.
il authority OF the Sta,s."-M re Stacey, 10
johnson, 1873.
The opinions Of johnson VS.. Duncan g
Martin, La. Rep 531) constitute a noble vim
cation of the powers and dignity of the
law, as against the attacks Of the military
authorities. They were delivered in March.
! 1915, when Jackson was at the height OF his
popularity and power; when the successful
defense Of New Orleans had shown the eff
cheney OF the measures which he had adopted
Martin, Judge, said:
"At the close of the argument on Monday
last we thought it eur duty; lest the smallest
delav should count enance the idea that this
court entertain any doubt on the first ground
| to Instantly declare, UiUa Uoce (although the
practice is to deliver our opinions in writing, y
that the exercise oil an authority vested hy
law in this court, could not be suspended by
any man."
Derbigny Judge, said.
The manarch, who unites in his hands all
the powers may delegate to his generals an
authority as unbounded as his own; but in
Republic; where the Constitution has fixed
the limits Of every branch OF Government,
in time of war as well as OF peace, there can
exist nothing vague, uncertain, or arbitrary
| in the exercise oI any authority. The Con
|
thing necessary to the general and individual
security has been toreseen, does not provide
that in imds Of public DANCE: the executive
power shall reign to The exclusion OF all 9TH
ers. Is does not trust into the hands Of
dictate the reins of Government. The fra
mers OF that charer were too we'll aware Of
| the hazards to which they would have ex-
posed the fate OF the Republic by such pro-
vision; and had they done it, the States
would have rejected Constitution stained
with clause SO threatening to THAR lber.
ties. In the mean time, conscious Of the ma.
cessity OF remoyeing all impediments TO the
exercise Of the executive power 10 cases oi
invasion or rebellion, they have PERMITTED
Congress to suspend the privilege OF the writ
of habeas corpus in those circumstances, II
the public sai'y should require it. Thus lar
and no further goes the Constitution
And after an examination oil the powers q
the British Government he exclaims:
'And can it be asserted that, whilst Brit
ish subjects are thus secured against oppres
sion in the worst of times, American. citizens
are lett at the mercy Of tht will OF an ,indii
lcdual, who may, in certain ca>es--hs me-
cessisy Of faoAiel is 70 Be sjadgsa Of By Aimseit--
assume a. supreme, overbesring, unbonnded
power? TIE idea is not only repuguant TO
The principles OF any free Government, but
subyersiye OF the very foundations OF our
own"
I And to the testimony Of judges and jurists
may DO added that Of wraers on military
law: k