Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-10-29

Dc SuSpenaeu3 10 e0siid 0Es v DC foT % Aflnf
space, through tha will If the peopsg,
& representative The deseaadaDsss ai
f those who brayei the terrars of nes
5 oeeans, the wilderness and the savage
in their devoted attachment to fiberFg,
weEe not likely TO be content With AM
IpweF STANDARD Of freedom, than that en-
Joysd, or at least secured By the British
i Constitution. .ttt
1 Bot Dir. sBtnney caps the elfraax of fol-
ly and presumption, when, near the close
OF his argument, be deolarea--asThat ali
experience teaches Us that the only safe
I depository OF the power to suspend the
priViieg9 Of thfs great writ, Is The fe4bls
| Executive, which the Consultation has
made for us, standing upon the only ba-
sis of the Constitution, with no other
support than the integrity and patriot
ism Of the man who has been blessed to 1t
BY the people,
Heaven preserve us! if this beso. We
have seen men torn from their homes, by
the orders ct this fss6ss ExsUatase or his
auboFdinases. We have seen the Judges
torn from the legal tribupals, for refas-
ing to perjure their souls before high
Heaven, b. the orders OF this fssbe Rx
eeaEaFs.ar The great rights Of persons |
llbarJ and security guaranteed bg the
| Consultation, have been brushed away a.
easily as cubwebs by the hand of giant.
uader the orders OF this Feeble Executive.
Suoh dnctrines as these, enunciatad by
sir binney, are disgrace to human IA :
ture, and arc sufficient to cover with mar-
| tied and enternal obfoauy, a name that
has been hitherto beid In the highest re-
spoat' W sineeraiy regret that sueh
high legal authority should ever bare
permitted political passion so to blind its
vision, as TO look upon Executive wrong
and outrage, as justIfabie and praise
HoEthy--Ha to attempt to insult ske
memory of our fathers by so base an as-
| perslon as that contained in the aaser-
ton thai they actually called such des
potism into being. We turn from such
an ssFeciaus sentiment, to those OF Dan
| lei Webster "Who still IiFes'' in his iumox-
tai works, and will live long after the
memory of this wretched effort of Mr.
bEuney ia consigned to TO the oblivion it
deserves. 1.-The contest for ages,n said
Dir. Webster 10 the Senate, s'has been 10
rescue liberty from the grasp of Exeeu-
tive power. Whoever has engaged in
hsT sacred cause, from the DAYS of the
Downfall of those great aristocraciea,
which hsd stood between the King and
the people, down to the time OF our .own
Independence, has struggled for the ac-
eomplishmeut Of that single object. On
the long list Of the champions Of human
! freedom, there is not one name diGnmed
by advocating the extension of Execu-
tive authorityi on the contrary, the uni
form and steady purposes OF all such
champions has been to limit and restrain
IT, Through ali this history Of the coH-
test for liberty, Executive power has baen
regarded as lion, that ought TO be Gag
ed. 50 far from being the object Of en-
! lightened popular trust, so far from be-
ing considered the natural protector oil
| popular right, it has been dreaded uni
f"Emly as the great sourea Of its danger"
! . wonder II MI. Diulry las uSl1aiy
! rejected upon the terrible consequences
! that must ensue, If his doctrine Ia to
! prevail, that "the one man power" exist
! ed in the Constitution at such fearful
times rs these? We wonder whether
With him memory is not busy with the
contrast Vt his present opinions with his
| past, when be held ap his hands in Inde-
| Pendsnce Square in such molly horror al
the usurpations of the tyrant Jackson,
and called upon all good men and patri-
ots TO stay the usurpez in his unhoiy
work? 1t is the same Horace Binney also
who inTeigned so fercely against the act
of General Jackson, in declaring mar
slaI law in New Orleans, and resisted
With might aud main, the movement to
refund the fine imposed BY Judge Hail.
Surely ''the times change, aad We change
With them"
The views taken by Reyedy johnson,
and Professor Parker, we have said, were
in direct antagouism to the views taken
by Ar. Binney, and the Attorney Cen
eral. Both certainly cannot be right
One side other is wrong. The former
| gentlemen profess to derive all this are
msndious power now being exercised by
the President from the war power Of tke
government. They say that the Prssi-
dent as the head Of the war power Of
the government, by virtue of his au-
tnority Is Commsnder-in-C Chief, mas de-
clare martial Law, and that it follows as
an incident Of that power, that be can By
a breath not only suspend the privilege
Of the habeas corpus, bus ali other rights
secured to the citiSeu by virtue of tbs
, amendments to the Consultation. IL thi,
be Sc, then this fre9 government of ours
contains power nut kn0wn 90 the Ro,
man smpiFe. There che Senatorial pow.
, 81 was requisite to choose Dictator IL
a great national emergency. The neees.
atty 0f toe State sometimes authorizel
the Senate ''to veil the statutes of lrber.
! Ey," and TO invest the Chief of the Stat,
\ with the powers Of Dictator Hero
4 according 10 the doctrines created above
) tho Executive, by has own unrestrafne,
> viii, declares himself Dictator.
5 CAN rHa PRESIDENT DECLARE MARTIAL
'.@- Law?
Now, the question to be considered is
can suciT . monstFoas proposition as thi
> be trae2 Can tie President of the Uni
ted asatess BY yirtas Of tha military aa
thority In hins declare toe existence o
: martial Law anywhere throaghaaE th
United States during the existence Of
Fsbetiion, ut hts sole will and pleasure
beeaass the power claimed staounts {
: tals, and msans this, If Mr.. Lincoln il /
be iastiasd in ali the acts that be ha
done, can such power as tiaia he exsg
= cissa ia this coanag9
9 What Ii martial laws The Law die
= tioBarfss de6na lt--s'the faw Of war, sha
/. depends On the iasa but arbitrary po9s
o of che king or bis Lieut. enaut, He q
!; shsolate power, 10 that bis word IL Law.
II In il P0ssihle that We are liable 70 sus
+ law as shaa Can auy FREQ citizen /
/ aaae toe slave oe q military despot
l. that Is shs qaession. Our 0sacrala nas
, been aGsaoriaai 10 deciase IaartiaI il
10 over entire DISTRICTS Of coaassy, and chi
u too, wisaoas any prooiaahaesan bhss reht
d. liea exists in any sach dissries. So th
ut not unly must he possess tkis power hir