Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-10-29
q Ggy&LssGuEI. rIsA SZEgfE9T
efs2 lIlega3 Arrests. u
ETET-~E ~
SPEECH OF
col Jas. W WALL
NEW JERSEY

thas u ssss dan q swaivs aoAsh, sErs Eaaa-
gsrous principles emh9disd in the sdmis-
sion of tAe right Of EAs Pss&idsnE, by his
sigmpas solssaoO TO suspend ths privilege
Of the writ of habsas corpus, would have
bean snaneiatsd, not only By men pro-
fassingA 10 hR Asaa - n IN, sSas AYS those
who justly wear the wsll-earn title of
jaFists, / waud simply have pFon0nuced
it sbsaadb Boz, u added 10 thfa, had
been told further, that such men would
have sttll norsstssngely contended, that
the President, by virtue Of his power as
Commander ia UhIef, had, during . re-
balEiOn, not emily the right 10 declare the
sxisssnos ef martial laws any where ia
the loyal ssasss, bat actually to delegate
the pswsE 20 sabordinasss, than We should
hsEs looksd upon oas informant as q ftI
aabjsct for the investigating powers Of
q Ooart of Ch&ncery &s TO his lunacy.-I
ana yssto+day both these strange sircdra-
stances axist. The Prssi6ass Aactaaify
| lays claim 10 thia tEsEa saas s& power un-
d@E the Consultation. The Attorney Gen
srsi of the United States, Professor Par
kes Of Cambridge, Mr., Rsvazdy Johnsou
Ss Washington, and Horace Biansy Of
Philadeiphis, hare all given their assist
anee IN strengthening the claim, and at
tsEpptlag - prove tas axa$ssnes Of pre-
rogative in the sxeeasivs, that ia without
| parallel aay ywheEa save Ia Ehe worst des-
potism Of Asia.
Mr.. Binnsy derives the poser In Ibe
lPrsstasRk % sa&Pend khls grsss wit sf
right frems the C0nstita3oa iAsslf, 10
what May be eallad alss habsas corpus
aa&ass. Ha moss strangely puts aside
the snslsgiss Of Eagfish history, and ar
gaas fRsn the singular sAaad. poins sssaas
shs langaAxs used in eur Constitution Ia
new and peculiar" Mr.. BinEsy, through
Qua his alaborass, ingenious, bus s3pbis-
tical argument, sndeavors the strange
power shat he seeka in the habsaa corgas
clause alpps. He includes the nght to
arrest Without accnsation, the right to
| try without jury, the light 10 imprisoa,
without procsaf, and all those rights
guaranteed In the amendments 10 The
Osnskisation absoIsstslg TO sAa siEissn, IN
the simple question Of discharge from
arrest.
Rsverdy johnson, On the other hand
| in direct opposition to Nr. BinaeY, gives
ap tbs right of suspeudinS she privilege
Of the writ of habeas corpus 70 Con-
grsas, but finds the vagrant power in the
military authority vested by the Consti.
tuition II the President, By virtue Of Lis
ofScs as Commander in-Chiaf. The plea
of necessity with him ~ she plea, BY vig.
tue of which be attempts 10 justify the
action Of she Presidsnt. To quote his
own language: ''Phe power which the
President has exercised, and intends -
mainLain, ID vested in him rs Comm&a-
asR-in- Ohisf.'' ss.ss e'- .. ~E57r. -' ~
The Attorney General informs us, in
bis most wrsGehad attempt at an argu-
meat, "ThgG he the Presideut) il evil
magistrate, not q military chief, aud in
this regard We see striking proof of
the geassality of sentiment prevailing in
khia country at tha time Of the formation
of our government, to the effect that the
military ought TO be held in strict subor-
dinaEion 10 the civil power"
Professor Parker sides with Revsrdy =
johnson in deriving ell the power from
the military authority that exists in the
President in time Of war. In a word be
gives 70 she President all the functions
Of, military dictator.
Hare, then, are four State physicians
Who have volunteered their services in
consultation upon the truly alarming
eoadition Of popular and constitutional
liberty. THAR disguuissi wisdopa over
tbs patient, has only made it manifest,
that like sQme other dasasFs, the greater
the number In sSHsalsaaaan, the greater
the dsaRsr TO the patient. In xaSss the
snsias disoussion agon tina quessian Of
arbitrary authority has served to reveal
the exceeding weakness Of the caaAe
they have attempted 10 advocate. 1t has
sss6 m&aa manifest, either GSost wilfut
bliBiasss upon the subject, or the pres
snss Of tins-ssrying fear under the
terrors Of authority, or degrading policy,
equally disgFaesful to them, not only as
men, but as advocates Let any nan
sake up the Parliamentary History of
England, and read she animated discus
sion that ensued over the far-famed Pc
tision Of Right, and when he reads these
adFosatss for Executive usarpAtion in
] 1862, he might suppose that be vas only
reperusing the degTadpg axgamsuts 10
behalf Of unlimitsd kingIy prsrogatiVt
ia 1928,
wHgzA poRs TEE goFER gEsgDs no ags
/ Psssa sasS wsHs Ss nABs&s c0zSusl II
But first, in rsfsreacs 10 the Depart
, asns whsrxsa Rssidss sAs sowsr 10 aas
8 psnd hsYTtsaAse u shs of babsas aor
: pAs.@ -.
> The ssA sssslss 81 lse Assseis of th
: Constitution is 8 in thesa wonday: tfIh
|psfvfiege Of the writ OF habsds corptI
shall not be suspended, unless when i
eas@ oa ssbeIhsa on iAvasloA, The pub Ii
safety may require II. -
: IL this was novel question that ha
b nssw haa bean lAAAossd bsf ore, enc sassa
wall nadsgsssad lhas possibly there migf
os ssms variance Id reference TO rnen'
= opinions. But when 1t il considered tbs
ia 1907, 1t had thorough and exhaust
ing discussion In Congress, that il hi
bean bsfofs tbs judicial tribunals OF Il
country, and frequently the sabiecs I
discussion by colnmsnsstofs upon 81
! tConsritution, and BY statesmen, -aad tn
up 70 che year 1861, thsrs was an enti
a, unaniaity of apisioas ss 30 whers d
poser 10 suspsaid the privileges Of ii
wris resided, aansly, il The legisaasi
: department of sha government, We q
- only bs astonished how, as this day, d
fAaa dass salI suah wsal~seasisd authors
- in question, Here, Id THE high aoan
III she niBssasalh century, the AnsFie
people are grayely told that the peegil
legal optics of modern ssafesman .
FiaI laMyers, have besu saablsd to discov
sua that which the esnAsearching, pasrio