The Democratic press. (Eaton, Preble County, Ohio) 1860-1865, 1862-01-16

llS"I -IilC pONCl W CllOI CC ~ dlN
if this be so, the Attorney General
admits that the suspension can
only be effected by the act Of Con
gress.
But to return to the construction
of this clause ofthe Constitution
Mr. Justice Story, IN his Commen-
taries, section 1886, says:
"I 1t would seem, as the power is given to
Congress to suspend the writ of hGJcas cor
pus in cases Of rebellion or invasion, that
the right to judge whether that eHigency had
arisen, must exclusively belong to that
body"
The opinionsin Johnson rs. Dun
can q Martin, La. Rep, 53D con-
stitute II noble vindication 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
efficiency Of the measures which he
had adopted.
Martin, Judge, said:
" At the close ofthe argument on Monday
last we thought it our duty, lest the smallest
delay should countenance the idea that this
court entertain any doubt onthe FIRST ground,
to instantly declare, riua Uoce, (although the
practice is to deliver our opinions in writ
ing,) that the exercise of an authority ves-
ted by law in this court, could not be sus.
pended by any man."
Derbigny, Judge, after an exam
ination of the powers OF the British
Government, eXclaims:
"And can it be asserted that, whilst Brit
ish subjects are thus secured against oppres
sion in the worst of lines American citizens
are left at the mercy Of the will Of an indi-
vidual, who may, in certain casos--thc ne
ccs5'@ Of wAich is to be judged GCJy him
se!t-asaumc supreme, ovcrbearing, un,
bounded power? The idea is not only re
pugnant to the principles Of any free Gov.
ornmcnt, but subyersiye of the very founda-
lions of our own"
And to the testimony Of judges
and jurists, may ne added that OF
writers on military law:
The Constitution guarantees the priv
ilege Of the writ of habeaS corpus, which ii
declares shall not be suspended 'unlcs
when, in cases of rebellion or invasion the
public safety may require it and tile inter-
rcation Of Congress is necessary before sacl
suspension can be made lawful'-De Han,
on Military Law.
These are the instructions which
the context of the Constitution, its
uniform Interpretation, and the his:
tory of English liberty Afford
They answer the question, who
shall suspend the privilege Of habe.
as corpus? And yet, with this an.
swer full before him, the Prcsi
dent says:
The Constitution itself is silent as tt
which, or who, is to exercise the power; anc
as the provision was plainly made for {
dangerous emergency, it cannot be believed
the trainers Of the instrument intended that
in every case, the danger should rur
its course until Congress could be callet
together"
4 4 4 4
If under the plea Of necessity
the President may suspend those
clauses of the Constitution which
assure to the citizen his persona
lights, so also may he suspend
those clauses which expressly limit
his own power; he may prolong
indefinitely, his own term Of office
on the pretense that the imperileo
condition Of the country forbids the
excitement of an election or /
change Of executive officers, OF
that he should submit to impeach
ment, lie may suspend the provis
ion that "for amy speech made il
either House members shall not b,
questioned in any other placc;" o
that Representatives shall be elect
ed every two years; or that all leg
islative powers shall be vested il
Congress. If he may suspend an,
clause of the Constitution, or an,
right secured by it, a fortiori ma,
he suspend the laws of Congress
and the rights and remedies pre-
scribed, the powers granted, or tn
duties cnjoined by them.
And thus, according to this ney
theory, the President may super
sede entirely the Constitution an,
the laws; set aside every guarante
Of liberty; disregard every limita
ton upon his own power; abolis
all the civil institutions of the lane
and substitute for them his undis
puted will;he may displace the gov
ernment, which he has sworn t
preserve, and which we have bee
accustomed to believe, and to boas
is the best ever framed, and inaua
urate in its room the earliest an