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

U0n@fa1lt1tNa - kA11ees'ssps
thai ii = u ksix and his duly % sus-
neua th nrir Eege aGbsas eorpaA even
skousls .asll Suspd bion were prohkssed
D Assn IN ths Uousslsation. The PYesf.
dent says:
ssaihs whois Of tho Lava which wsssrs-
auired to Be faithfully axsestsd we're be-
I'M resisted and failing OF execution N
nesrfy third Of the States. Must
thsy be allowed 6ssally 20 fail off sxaeSr
ksns even Aadh bsea perfsosay sfeAf snas
I'm TIA nsa n. aha EsAss assasasEy - taaia.
execution, some single Law, made IN sunh
extreme tenderness OF the 0itixsEs finer-
~, tsias pracsicaiiy 10 relieves ratsre Of
the ksaffsy than the innocent, should 20 .
very linsited exGeus be violatedp 10 state
Ghs question more directly, are all yhe laws
bsss ore to 10 unexecuted, and the duT-
ernnaenE itself 10 to pieces, Leaf thai one
be vfpaatedP Even fl such case would
not the Official oath Bio broken, IL the
Government should be overthrow, when
A YVES believed that disreggrding the
single Law would tend 70 preserve il pr
T Attorney General Bates, In the argu-
asns already referred 70, says Of the
President: s ~ s
a sfIhe end--the suppression Of the IN
SUR eaction--is required Of him. The
Eaeaas and instruments 10 suppress 1t are
lawfully In bis banda; bat fHe manner IN
which he shall use them ID not prescribed,
and could nct be prescribed, without .
forsknowlsdge Of ell the future changes
and contingencies of the fasurrecsion. -
He 10, therefore, necessarily thrown upon
bis discretion rs to tho manner IN which
be will uae his means 10 meet the varying
exigsncies az they arise ~. =
The Secretary of State, In bis osficial
dispatch to Lord Lyons, dated October
Ia, 1861, after snnouncing the absolute
right on the part of the President TO sns-
pend the writ of hGbeas corpus, "whan-
ever, and wserevef, aud in whatsoever
extent the public safety, endangered By
treason or invasion in arms, In has Judg'
meut requires says:
a'Fhe safety Of the whole has become,
in the present emergency, the supreme
law; and SO long rs the danger shall ex'
list, all classes of society, equally the
denizen and the citizen, cheerfally &C"
| quiesce in the measures which that lsW
prescribes."
And partisan friends, approving the
| act Of the President, aud seeking to JUS
tifsv it by argument, say fEshat In sines
| of var and civil strife the Constitution Il
suspended when danger threatens tbs
Government, it must be protected by al
necessary means; that treason must b
crshesi 0ut at whatever cosa or By what
ever ncaBures.n .-'
These are only different statements d
bs ids lEsg a4Rtksaer Isas IL pT sssi
coEsmetion che President may think th,
Government 10 Ia ieopar iy, his discretion
not the Constitution, Is the measure d
bic power in defending ID. -"
Ii she President may suspend the priv
ilsge Uf habeas corpus because he deems
such suspension necessary, 80 also ma
he, under liso circumstances, suspend th,
right TO speedy trial" Or to exemp
ri0n from Successive bail, - or the RICH
to q ''Grial BY jury" or that 1t shall b,
within the proper district or the proyis
ion that no man shall be deprived Of 'shi
life without due process of law" Ii tn
President may, at bis viii, imprison 1
man without Law, because he believe
such imprisonment necessary to the pub
| he safety, may he not, without law, an
der like pressure, put him 70 deathP |
he may suspend one of these constitution
al provisions, be may suspend two, h
may suspend all.
If, under the plea of necessity, tn
President may suspend those clauses o
the Constitution which assure to the cit
izehs bis personal rights, SO also may b
suspend those clauses which expressl,
limit his own power he may proIong
indefinitely, his own term of office, on "a
pFetense that the imperiled 60 adition b
the country forbids the excitement Of a
election or change OF executive officers
or that be should submit TO impeachment
He may suspend the provisiot, that s*fo
any speech made in either House member
shall not be questioned IN any othe
place." or that Representative shall b
elected every two years; or that all Lee
islative powers shall be vested IN Con
gress. Ii be may suspend amy clause 0
the Constitution, or any righE secured b,
| 1t, a fortioTi may be suspend the laws 0
Congress, and the rights and remeaie
, prescribed, the powers granted, or tn
, duties enioined by them.
/ Aud thus, according to this new theory
. the President may supersede entirely th
/ Constitution and the laws j set aside ever
guarantee of liberty; disregard ever
} limitation upon his own power; abolis
, sill the civil institutions of the land, an
Substitute for them his own undispute
will he may displace the government
which he has sworn 70 preserve, and whic
we have been accustomed 10 believe, an
to boast, is the best ever framed, and in
: aagurate in its room tho earliest and wors
. form Of goVernmeut--the eespGfie con
) inaud OF military chief; he may, With
word. absogate the entire system whio
: we have built upon the foundations lai
, ny our fathers, and with another wor
| build up new and different SYSTEM
and all this rightfplly, legIsimasely, with
, cat asgTpation. aat 7'a 5-.+t
j The position 10 atteFably uAaenahIe.
has nc warrant 10 the Constitution, no
in the principles which underlie oar sya
tenn Of gov eFnmensy nor la the genius 0
oar people, nor ia the spiris Of liberty
1t In Inconsistent with them ali. It's de
Hibernate adoption by the psoplewoald de
! sgroy them NIL. Il is the offspring 0
cowaFdiGe, aad would become the fruit
fai parent of tyranny aud disorder. |
! would reduce any nation TO the positio
Of slaves; indeed, aay nation, willing t
adopt il as theory Of government, Is .
lcst 20 every manly aspiration for free
dom so lost TO a srue appreciation Of ii
dignity and rights 80 wanting In courag
and canssaacy TO raGi&ain them, shat ii /
slavish already; so week and degrade
that the yoke 10 but The outward tekei
and fitting emplem of les true condition
We are told In defense of this new theory
that shs power IL never 10 be exercised
indeed does not exist, exeeps whers til
rebellion il threatening thsvsry exlssenc