The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1862-11-22

| Judge Hall here makes an extended
exposition of the English law Of habeas
corpus.
And 10y the tenth article of this petition
OF right, IT was prayed among other things,
that no freeman, in any such manner as
iSheiorc mentioned, lie imprisoned or de-
famed, and to this Charles the First, al-
ter much delay and prior evasive answer,
was at last compelled by the House Of
Commons to yield his assent in the GUS
tomary form:
"Lct IT be law as is desired" and there
by, as Hume says, "eaye full sanction
and authority to the petition"
1t is true that he afterwards acted in
violation OF the rights thus solemnly re.
cognized but it is equally true that his
head was brought to the block by his op-
pressed II ri j"dtgHIG.S ,,aa')e
No further discussion can be necessary
to Snow The iGquctance Of the principles
Involved in this case, or the duty of every
Judicial officer to construe. with all rca-
S0nabie strictntSS, the doubtful language
OF an executive order capable of being
made the INSTRUMENT of innumerable and
gross cucroachments upon the liberty Of
the citizen. There may he some ground
for doubt in regard to the true construc-
ton of the orders of the War Department
of August Sth. 1862. but am inclined to
think they were not intended to have the
operation and effect which it has, as un-
derStand, been contrndeh should be given
10 them, in accordance with what is al.
lcgcd to be their literal meaning and ef-
feet.
However that may he, in the view !
have felt compelled to take in regard to
another question arising in the case, | do
not deem 1t necessary to say more in re-
>pect to the proper construction Of this
order. The question referred to is
whether the privilege Of the writ of ha-
bra> corpus has been, in any case, legally
suspended
CAN THE PRESIDENT SUSPEND TIE HABEAS
COWUs?
In considering .tlis question | slall not
inquire whether the order under consid-
viat'"n was made, or i.urrorts to be made
Is OF under the authority Of the Presi-
don't Of the United States. The use Of
toe words, " By direction Of the President
Of the tidjed Sta,c>,' in the first subdi
Vision ol the order, and their omission in
tie Scc"nd and ,hird subdivisions, may
cast some Gnuh, upon the point; but for
Tie purpose Of u" present question shall
assume ttat the first and second orders Of
the Sth Of August, 1862. are in fact and
in law The orders oi tie President Of thc
Ctltcd >tateS.
Can the President, then. without tue
authority Of Congress, Suspend the privi-
re ot TIE writ of Lno.as rpri,isH
JGI * i.ail goes on to cite the law OF
Congress, aad wln,c declaring that lie
>@cu'l lave rriu,t. the wit if the I'reSi-
"cnt " Secretary Of War lad 50 ordered
uui'r tie ;.H;Lo i;y Of Congress, hc now
grants it. bcrau~r, having received the act
Il the ,a-t >',s,,0. ne SECS that Congress
,.a> pr.-,i - !aw GA this spiject. The
4ir>;i9;. of tie power + tie prc.i,icnt to
So, ;,i ;s,- ,.t;.,a> corau&, without tie
;,.tuujl'v e.! Congress, is t.tretoie pre-
-.'t / d.: til, case. If the order of the
h:, Hr;".r;n:!,t j. deem. t., order Of
H. Pc ...'. a'.,'. rX..aI 10 snch a
'a>- - :. B. !. ... ',"r con,i Grafton.
..". - .ln..-. XII d,llonstr"tes, by
&c ;'!"-l ,.crN '.!3ir4 array rt aH,hori-
.,,-. - T. :'r,>. ..nt f himself . nu
.'t+s Li!e Laos ~ Coz 'ltS " te.i-