Smyrna times., 1862-08-07
The DelaWareanIs Renlv.


The DelaWareaR's Reply.
The Dedo~"ra1 in reply to an editorial in
our last issue, wherein we defended the res
outions of the Union Party from the unjust
attacks, and imprtations of that sheet. de-
nounces our argument rs unsound, and our
differences as untounded either in fact or
IN sound togic. Should we accept the base
naked assertions of the Il.hurtieta's editor
unsupported by fact and logical conclusion.
IN relation to the vital issues which now
aSltate the country, we would be compelled
almost invariably to entertain ideas of polit-
zeal economy, and occupy positions upon
the stage OF political action, which would
lily accord with our present ideas of propri-
ETY. and justice. and the perception ofour
better Judgement. But we are not wilIinn
10 admit, Us true, these base assertions. until
logically proven. In answer to our arpu-
lnent IN support of the writ of IIabcas Cor
pms, it is alleged that the clause authorizno
the suspension Of that writ, vests the mower
OF such suspension wholly in Congress, and
cites Great Britain as an attestation Of the
truth OF this assertion, where the power to
suspend this writ is vested solely in ParIia-
mcnt. But inasmuch as our Constitution
was dictated and adopted, not 4y a British
Co"e"t'on, bat by Il convention of American
citizens, and ratified by the several States
at that time composing the Federal Union,
ami not -W tie Kingdom. Of Great Britain, we
are really unable to perceive the force of
the analogy
We are again cited to the proceedings Of
the convention which formed our COnstitu-
ton for proof that no intention was there
manifest to invest the President with the
power to suspend the writ now we con-
tend that such intention was unqucstionabIy
apparent The first notice taken of this sub
ject in the convention, was the plau Of Mr..
Plnckney, submitted and referred on the
20th of May 1897, which contains a promo
sltlon in these words: "The Legislature
OF the United States shall pass no law on
the subject of religion, nor touching or
abridging the liberty Of the press, nor shall
the privilege of the writ of HaJecls Co,Dus
ever be suspended, except in case of rebel
hon or Invasion" This plan, however.
never again made its appearance in the CON
ventlon We again find another plan sub
mitted by the last named gentleman on the
2Oth OF August, containing a proposition of
similar character, this like the first was
referred, but never reported by the commit
tee finally, on the 28th Of August. the
Iabeas Corpus clause being again under
consideration, the clause which is nowpart
OF the Constitution was moved by Governor
Morris, and adopted! And this was moved.
as the debates will conclusivcly show, cas-
al amendment to, and part Of the Fourth
Section Of the Eleventh Article of the Con-
stltution, which had been reported on the
9th of August by the select committee of
five" Now this Fourth Section of the
Eleventh Article related exclusively to .Ju-
dietary Department, and this was the last
action ever taken by the convention on this
subject, having afterwards been arranged
rs 1t now stands by the committee con STYLE
and arrangement" acOmmittee whose duties
did not i'll the least affect the sense or
substance
Now, in the proceedings above alluded
to, we find two plans submitted proposino
to invest Congress specially with the bower
Ofthe suspension of this writ. Both of these
were however rejected, and another clause
adopted as an amedment to the Judiciary
Section. Does not this conclusively prove.
that it never was the intention to invest
Congress with the power ? Such is our
opinion, based upon the opinions of Mr.
Binney-whose opinions and arguments on
questions of Constitutional law, are every
where regarded as sound and unansyerable,
notwithstanding the Delawneat's refutation
and many other of the ablest lawyers of
the day.
In answer TO our argument charging the
seceders with having involved the country
in The present intestine strife, the Deldpcarean
replies that this "is not just" because
there is no enumeration Of the causes i'm
4.-t y