Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-01-22
cosTisuxp Faoa Frasr pAaa.

knows no superior and that In England
their courts have taught sssk By series
ax irmsaactivs sxsnplssj 70 enact the
gsgiesess obadieaoss aa. MhaAsHsEs sxisas
the persons TO whom the writ Ia directed
may be clothed With power or exalted in
rank
ssEa ever case called for the most
prompt interpretation of the court, 10 en-
foree obedience 10 iss process, this Is oEs-
A military commander Is here assuming
criminal jurisdiction over . private citi-
sen Ii holGiag him In the closest con
anement, and aoutemning the civil as-
shorisy Of tie State. n--Fa re Stacey, 10
Iohason, 328. '@a ~" 5s.st-
Tbs opinions In Johpson %. Duncan
[ 3 Martin, La. Rep, 58l) conssitute =
noble viAdication Of the powers and dig
nifty of the law, Is against che attacks OF
the military aashorities. They were de-
livgred March, 1916, when Jackson WIS
at the haight Of his popularity and pow
Ct when the successful defense OF New
Orleans had shown the efEessscy Of the
measures which he had adopted. Mar
tin, Judge, said ya
"At the close Of the argument on mon
dap last we thought ID our duty, lest the
smallest delay should eoantenanee the
idea THAI this court entertain any doubt
on the Erss ground, TO Instantly Declare
vsua voCs, (although the practice Is 20
deliver our opinions IN writing that. the
exercise Of an authority vested By law in
this court, could not be Suspended By any
man. ,f
Derbigny, Judge, said
ssThe monarch, who unites in his hands
all the powers, May delegate to hfs gen.
erals an authority as unbounded 81 his
own; but in Republic, where the Con-
stitution has fixed the extent and limits
of every branch of the Government in
time of war as we'll as of peace, there can
exist nothing vague, uncertain, or arbi"
trary In the exercise of any authority
| The Constitution Of the United States,
In which everything necessary to the gen.
eral and individual security has been
foreseeE. does not provide thas in times
| of public danger the executive power
shall reign to the exclusion of Oil others.
1t does notSrust into the hands of die
sasor chs reins of the Government. The
trainers of that charter were too well
aware of the hazard to which they would
have exposed the fate OF the Republic b
the States would have rejected q Uonssi'
/ tuition stained With clause so threaten
Ing TO 1heir liberties. In the meantime,
conscious Of abe necessity of removing al
Impediments to the exercise Of the axecu'
tive power in caSes of rebellion or inVa'
sion, they have permitted Congress &
suspend the writ of habeas corpus IL
those circumstances il the public safety
should require it. Thus far and no furth
or goes the Constitution"
And after an examination Of the pow
EDS Of the British Government, he ex
claims
"Aud can Il be asserted that, willis
British subjects are thus secured sgains
oppression in The worst Of times, Amer
lean citizens are Left at the merey Of tn
will of an individual, who may, in GER
tain sases-fhs necessity Of sshGcA is TO b
JUDGED Of By hiaSeIf-assume supreme
oveTbearing, unbounded power Th
idea is Bot only Fspagnant TO the prinei
pies of any free Government, bat suber
siye to Rhe very Foundation Of our own.'
And 30 the testimony of judges and jn
rists, may be added that of writer's Oh
military law:
"The Constitution guarantees th3 priv
elege Of the writ of habsaS corpus, whicI
it declares shall not be suspended, unles
when, In cases Of rebellion or invasion
! the public safety may require it and III
; iatsTVeatioR Of Congress Is EsceSaoTA DC
h.
: faG."-~De Hart on Military Lar.
The gentlemen to nay right says tina
Washington and jefferson both suspend
, I'd the writ. He is entirely mistaken
; General Washington, In his instruction
: t. the officers and troops who were 1
; take part IN suppressing the whisky in
surrectioB, says
'sThat every ofieer and soldier will con
stantiy bear 10 mind that be eones t
, suppors the laws, and that Ii would b
: peculiarly unbecoming in him to be, i
any way the infraetor Of them that th
essential principles of free governmer
e0nGne the province Of the military
, when called forth on such occasions, I
two objects first to combat and subdu
! all who may be found in arms in 0ppo
sition 10 the national will aud authority
! secondly TO aid and support the civil NJ az
istrates IN bringing offenders to jusScs
The dispensation Of this justice belong
: to the civil magistrates and let il eve
' be our pride and cur glory to leave th
{ sacred deposit there inyiolate. "-HViRg
Life of Washington, col. 5, c1.25.
Mr.. Jefferson, in 1887, objected to tn
: Constitution thai il omitted TO provid
: Fsfor tho eternal aud unremitting force c
the habsas corpus laws" In 1888 be I'D
!, vised that four States should refuse t
l. ratify the Constitution until deelaratio
of rights had been annexed TO it, assert
. ing, among other things that there shoul
!. be ssno suspension Of the hd6sus corpus !;
: and in 1907, at the period of Burr's con
: spiraGyr--to which have before allude
: he nsither assumed the power himself
nor AK or advise Congress to do so. q
: the contrary, in has message to Congress
be said .- -a3 n
"It will be seen that of three Of til
: principal emissaries of MIR. Barr, whoI
the genaral had caused to be appreheud
> ed, one had been liberated by hdbeas cor
: rsas, and the two others, being those par
: ticaIarly employed In the endeavor TO cor
rupt the general and army Of the Unite
. States, have been embarked by hia TO
oar pogts in the Atlantic States prob
ably ca the consideration that an impair
: tial trial could not be expected daring tn
present sgisations of New Orleans, an
thai that city was not as yet safe plac
Of confinement. As soon rs those person
e shall arrive, they viii bs delivered to th
e custody of the law, and left to such eours
t Of trial, both as to place and process, a
0 it's funetionaTies may direct" @
: And when the Senate bill, suspendin
!, the habsas corpus for three months, CAIN
I 10 the House, MIR. Eppes, Jeffsrson's son
: in-law, moved its rejection and bi
friends and suppoTsers~all, | believe, ex
' eept two-voted for the molten. Th
I esafktaa ftravaiia1 nsaly ufszaaee1a vnkssu k.a