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

A&A84s&H%
itation u imposed npon the powers 81
ths States. The first. second and third
sections relate % the organization Of the
] two Hoasas the fourth ssction Falaaas
70 Sthe timqss places, aud manner ID
halding siscsinns for Senator's and Rep
| resentatiyea 70 tha hfth and sixth sec
tions confer sartain powers ca tha sepa-
rate Houses and grant privileges and
imposes disabilities upon the meEsbers |;
| the seventh section defines the various
ssePs in the passage Of bill !: the eighth
section declares the power OF Gogress
the nlnsh Aeetion declares the poweE
which Congress shall not hare the ssash
section, wish the single exception alluded
to, restricts the powegs Of the States,
without tha eonseat of Congress-
The eieth section commences With the
words, Congress shall hare power to,p
and defines throngh eighteen clauses TIE
several grants. t.E.s Il E5t
The ninth sectioas throughout eight
clauses, II mits the powars already grant
ed, or declares abaolate unqaaiiasd re-
striotiou upon new subjects, and taighs
yell have eofnmenced With the words,
Congress shsl! have no power tor with
out Affecting the sense, or impsirihg the
vigor in any degree. ..5-
Congress shall have noapoweg-
/. To prohbis the migration or bnpor-
tation, SC. .-......0 49,. a.-.:.
2. To suspend the privilege of the writ
Of haheds c0rptS, unless when cases, &c.
8, To pass bill Of attaindsE.
|. To lay ; oapitation or other direcs
tax unless In proportion, &c.
5, To lay tax or daty on articles ax-
ported, &c. ..-.... ..
q. 70 give any preference by uHy Fsg
alAtion of commerce, DC.
I. To permit money to be drawn from
the public Treasury, except 10 consequence
Of appropriations. ..- ....r H.- .
s. To grant titles of nobility, &c.
And yet il d proposed now to wrsss this
second clause from the eontext, and to
contend thAs the Limitation apPAes, not
to Congress but to the President, whose
name and Office aAsd duties are in bat one
'has Il Psass In tbs d prssiffs sSsfss Ehs poPos
ton is obviously fallaeious. 1t assumes
the very point TO be demonstrated. The
argument is this: the prohibition % 8 de-
partmeut Of the Government to eEsrcis q
particular p0Eer in all cases except two,
Is equivalent to 8 grant Of pewcr 70 that
department in those eases; il we ascer-
lain the excepted cases, we know trhs1l
the power may be exercised II we ascer-
tain the department to which the pFohibi-
ton spplies, We know Who may exercise
the power. The Constitution prohibits
the suspension of the privilege OF hdbeGs
corpus except in two cases ct rebellion
and invasion. Ia those two cases th t
20 ower of suspension may be exercised
by whom? Obviously to the depaEtment
to which the prohibition applies. II we
ascertain thai, We know where the power
Of suspension resides. The eOntexs shows
that the prohibition applies to the Con-
gress and therefore the power resides in
that body. The President says no; il
would be very tneons SEffeTfs that Is staSasd
reside in Congress it would be fa- more
convenient that it should reside in the
President, who may exercise 1t ut any mo-
meut and ever any district of country. II
Is fair to presume that the trainers of the
Constitution intended TO lodge the power
where it coald be most conveniently and
henefcialiy exereised-that is with the
President; rs the grant and prohibition
apply to the same department, ana as We
assume the grant vas intended TO be the
President, the prohibition must spply tc
him.
But deny the assumption that the pow.
eE ought to be lodged with the President
SAP il would be unWise, dangerous and
| in discord with our whole system. Thal
the power has been given to the Presideu
notwithstanding the many cogcnt reasons
| to the contrary, Ia the very point to b.
maintained and this point the above ar
! gument assumes
The prohibition OF the Constitution ap,
plies either exclusively to Congress or ex
eclusively to the Executive, or generally
TO all the departments Of the Govern
ment.
If it applies exclusively TO Congress
then the power to suspend resides exclu
siveIy ia that body. If it applies sxela
sively to the Executive, then the power Il
suspend resides exclusively in him, All
Congress cannot, in any sase, pass an,
law on the subject. If ii applies general
ly to all departments, then, By parity o
reasoning, all the departments have tn
power TO suspend that privilege. Tht
Judge mar refuse the writ GA his own mo
ton, before as we'll as after the order o
the President or the passage Of q law b
Congress; indeed, after the President ha
refused to erder sbs suspension, Or Con
gFees has refused to pass law aatborls
ing ID; and thus the liberty of ths citiEe
ia subject TO the different, 1t NAV be dis
eordans rules adopted by each derartmer
, of the Government, on its idea Of wha
! the public safety may require In cases Q
/ rebellion or Invasion The context Of th
! Constitution affords simple, uniform
benefcient rule; departure frem it il
wolves US 10 confusion, contradiction AZ
uncertainty, -
2. But e the context of the Constits
ton left aay doubt on the subject the biz
. tory of the writ Of habsas corpus, and /
acknowledged condition at the time Of Il
r adoption Of the CONSTITUTIONS throw fios
Q of light on It. ..: ....s ...a
: From the earliest period Of the commt
. law, the personal liberty of the suble
e was declared secure from arbitrary and
: legal infraction- The bax0ns in the
$ costess with King John, while they a
= rested the rights of their order, failed o
). to eniis. the sympathies of the oammon
q by formal declaration of their aneis
: and acknowledged privileges. Mag
f; GhaSta declares. Hi B..3.-
= Ono freeman shall be taken, S4upriso
q ed or dispossessed Of his free ssneme
z and liberties, or outlawad or hagtsheds
anywise hurt OF injured, uniess W she
: gal judgment of his peerss or bg the Il
le Of the land" .
of This vas the Law. Ii was made eft
tive By the writ Of kabsds eospas, whe
as osEcs was 10 bring before the civil mag
ss trats shs person Of esery prisaner, that
b, cause, the circumstances aud the aatho
ty Oh bis imprisonment might Be inqail
I 49, L.. ~sswk8 49, SsA q