The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-01-08

from the supposed nconyenienc OF lod
ging the authority in Congress- 'a
The only clause in the Constitution
relating to this subject is found in the
second clause Of the ninth section o.
the first article. 1t is in these words
"The privilege of the writ of h0beas e'pu
shall not be suspended, unless, when in "a
ses Of rebellion or invasion, the public safety
may require it, rsr f..".a 30
This certainly is a provision, as thc
President well maintains, that, in Ca
ses of rebellion or invasion, when the
public safety shall require it, the priv.
ilege Of the writ may be. suspended
Who shall exercise this power Of sus-
pension? sra .f.r -l.ta. -' -s-r7 rH
The context of the Constitution, the
history of English jurisprudence, the
uniform construction Of the provision,
from the. hour of its adoption until the
order of President Lincoln to his mill
tary officers, on the 9th day of April,
1861, decisively, authoritatiyely an
swer this question. ...-. ~
/. The first article of the Constitu-
ton exclusively relates to the organi-
cation, the powers, and duties OF Con-
gress. There is but one single excep-
ton to this statement, and that is found
in the first clause of the tenth section,
where a limitation is imposed upon the
powers of the States. The first, Sec
ond and third sections relate to the or
ganization of the two Houses, the
fourth section relates to "to the times,
places, and manner of holding cleo
tions for Senator'S and Representa-
tives;" the fifth and sixth sections con-
fer certain powers en- the separate
Houses, and grant privileges and i'm
pose disabilities upon the members;
the seventh section defines the various
steps in the passage of bill; the eighth
section declares the powers of Congrcs;
the ninth section declares the powers
which Congress shall not have; the
tenth section, with the single exception
alluded to, restricts the powers of the
States, ''without the consent of Con.
gress.'
The eighth section commences with
the words Congress shall have power
to" and defines through eighteer
clauses the several grants.
The ninth section, throughout eigh
clauses, limits the powers already
granted, OF. declares absolute unqual
filied restriction upon new subjects, anc
might well have commenced with thu
words Congress shall have no powol
to" without affecting the sense, or i'm
pairing the vigor in any degree.
Congress shasl have no power
1. To prohibit the migration or i'm
portation, &c.
2. To suspend the privilege of the
writ Of habeos corpus, unless when in
cases, &c. --...
3. To pass a bill of attainder.
4. TO lay a capitation or other di-
rect tax unless in due proportion, &c.
5. To lay tax or duty on articles
exported, &c.
6. To give any preference by any
regulation of commerce, &c.
7. To permit money to be drawn
from the public Treasury, except in
consequence of appropriation. s
s. TO grant titles of nobility.
And yet it is proposed now to wrest
this second clause of the context, and
to contend that the limitation applies
not to Congress, but to the President
whose name and office and duties arc
in but one other place in the article
even alluded to. ..# s-..
The argument to sustain this propo>
sition is obviously fallacious. 1t as
sumes the very point to be den onstra
ted. The argument is this: the prohi.
bitfon to a department Of the Govern
ment to exercise particular power il
all leases except two, is equivalent to {
grant of the power to that department
in those two cases, we know when tht
power may be exercised; if we ascer
tain the department. to which the pro
hibition applies, we know who may ex
ercise the power. The Constitution
prohibits the suspension Of the privilege
Of habeas corpus except in the two ca
ses of rebellion and INVASION Ii
those two cases the power of the sus
pension may be exercised-by whom
Obviously by the department. to which
the prohibition applies. If We ascer
tain that, we know where the powel
of suspension resides. ~ The contex
shows that the prohibition applies t
the Congress; and therefore the powel
resides in that body. The Pre>iden
says no; it would be very inconvenien
that it should reside in Congress; i
would be far more convenient that !
should reside IN the President, VIII,
may exercise it at any moment, AM
over any district of country. 1t is fai
to presumethatthe trainers Of the Con
situation intended to lodge the powe
where it could be most convenient,
and benefcially exercised that is
with the President; therefore, as tn
grant and prohibition apply to tn
same department, andas we assume th,
grant was intendedtobe by the Presi
dent, the proyibition !, must apply t,
MN. l.a,sl 9l 81: bsp9 w Fani 4ew tlt
a, But. L deny the assumption that tn
power ought to- be lodged with th
President. I say i would be pnwise
| dangerous, and in adiseord with ou
Iwhole.systems That the power. ha
been given to the President, nctwith
standmg the many cogent reasons |
the contrary, is the very point to b
maintaineG and this point the aboy