Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1862-12-31
VOL 10---NO. 4.

obvious TO every person who has studied
the principles Of our social politv. and the
structure of our constitution. The habc-
as corpus remedy Is law eInanatinp orr
glnally from the highest sovereign au,ho-i-
I ty-the people, 1t can only De repealed
by the power that made 1t . a general and
unlimited suspension Is in eject a repeal or
abrogation- This, therefore, i n ierislg-
tive act which even Congress cannot do
except 80 far as the constitution warrants.
To allow the executive 10 annul or defsat
the operations OF = lav. Is TO a-nihilats
the government Il he can prevent the
action OF the habcas corpus law Of the
radical Sovereignty-a 1oT1,oT7 lie NAV at
any time st aside an act of Congress: and
thus abzolve all political fiInctions-and
be Il deSpot- If he can destroy. bv his
mere Sc IIbeo this personal right, he ma.
every other.
But the constitution cannot bc n,iSfa-
ken in It's import and reference 10 fts
history places the matter beyond doubt
The Convention sat a long time. and
many plans and propositions were submit
ted--Ehe resolution offered in relation TO
ihc habeas corpus, was - that II should
- not b. suspended by the Legislature. cz-
cept upon the most urgent and pressing
= occasion, and for 4 limited timo. no;
- eNcaedln--- months" Not 2 si-,.-,.
member suggested the idea OF conts-r:3y
such power upon the executive.
When al The diifcr-n. rroposit;o-,,
were presented, they vverc referred to
committee, who proceeded 70 prepare Ii.
instrument
The first article, IN relation 10 che
power oi Congress" was considered an!
adopted. before any OF the others were
di~cusSai In that first article the hsizaas
oo-pGS clause i introduced rs c7se or tn
Limitations Of the power OF C-;l--css.''
Il = II the 9th section, and reads, IN cor
nection, thus: - The migration or impor-
" taiion Of such persons - anv Of the
States now existing shall think proper
- 10 admit, shall not be prohibited hv the
. Congress prior 10 the wear 1905 br,. :,
= tax or duty NAV be imposed lpon such
= importation, not exceeding ton dollars
for Zach person" e. The privilege Of
- the writ Of habeas corpus shall not h
=. suspended unless when IN case Of 70
= beihon or invasion. the public saf,zig
=. NAV require It. So IL ecn.inr7rs
through seven clailses-Tha xoris -. hz
the Congress" are not repeated, because
they were unnecessary 10 The proper lneau.
in-. and would have been Pathological.
The whole section regards restraint upon
the action of the legislature. and docs agt
refer 10 any othe- department.
Their l. nlisaqP-clls ns.0a on another
a. power 70 determine that there - s.re-
brllian ar INVASION, when .i,c public
safety may require 4. suspension
Congress only can 'p-ovide for calling
lurth the militia 20 execute the laws OF
the Union, suppress instruction, ani re
pei iuva~.on." and Congress alone can
''p-olide for or-anizing and discipiiusns
tbs militia, and for governing such par: OF
them - may he employed in the servic,
oF the United States" The Commander
In-chiel mast execute the laws; hc car
not make them
TO provide, however, Tor contingencies.
when Congress Is uot In session. ti,a:
body. by Act OF February 2Sth. 1895.
had vested the President wi,h power to
call orit the militia for thirty days after
the commencement OF the then next
Sprin-, If instruction or. invasion should
happen--lf Mr.. Lincoln had drafted
100000 m9n. n the beginning OF our
troubles. the rebellion might have been
suppressed. lie did no; do 50 then, and
his power now only extends 10 the con
duct of tn a-ny-nui in The field. how
ever; Ia the enforcement of the .srgllc-
and regulations :" and such ether la7vs as
Congress max enact He i . mere exc
cu;iyc- ANY other vie,y would be d.
s.rlctiyc Of our social freedom.
If the President may say tuu,ulf ot
the people Ia an extreme g.sr; Of the
nion. i gu instruction - call forth tho
militia To suppress Il declare martial law.
make military arrests from Georgia 70
Maine and suspend the habeas corpus,
;hCn J. an ead oi' civil lberiv-
Al moan 20 nu;ic. Al these :apics,
lv -u=t ard candid - criticism viii
e-,',g''lr!.-, ~ 20 the less particular, by a
l..c words of reference
The habcas corpus. which gye h.,,e
from FINLAND, l. u=l precisely IS !; l. IN
;l-s,; crruntrv- Tho suspension there =
legislative. art. The executive cannot
.,ils-aI o- iutgr.,-re with the writ
STrcr The recognition of the g-aa. r.-ln-
cin'r- c: tle Magma charta. II sl7- ..Ri'i
u E;iehg-.' fh--c lsa-7c l-rcn very fg-,- 5r,-
-'an.--= af -rssnrgl~iol,.- anil rv.-r o.
,l lh~-, f-- T'.1--flurr--t-