The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-01-01
.t. SPEECH OF - = :
HON. LAZARUS W. POWELL.
OF KENTUCKY

HON. LAZARUS w. POWELL.
OF KENTUCKY,
On the Right of the President tn Sns-
pend the writ of Habeas Corpus and
make Arbitrary arrests, delivered in
the Senate of the United States, De-
cember 9th, 1859. ....... =.
The following resolution offered by Mr..
Salisbury of Delaware being under consider
alton:
''ResozVed, That the Secretary of War be.
and he is hereby, directed to inform the
Senate whether DR.. j ohm Laus and Whitelev
Meredith. or either of them, citizens of the
State of Delaware, have been arrested and
imprisoned in Fort Delaware: when they
were arrested and so imprisoned; the charges
against them; by whom made; by whose or
ders they were arrested and imprisoned; and
that he communicate to the Senate all pa
pers relating to their arrest and imprison-
ment."
Mr.. POWELL. I desire to state briefly to
the Senate the reasons why I shall vote for
tn resolution under consideration. A great
deal Of the speech of the Senator from Ohio
Mr.. Sherman, met my most hearty ap-
prevail; but the position taken by him, and
blythe Senatorifrom n New jersey, Mr.. Field, I
that the suspension of the writ of haJeas
corpus has anything to do with arrests, is a
doctrine new to me. Both of those Sena-
tors have indicated in the remarks which
they have made, that if the writ of ha6eas
corpus be authortatvely suspended, the
President and his Cabinet ministers m ay tn en-
make arrests. In my Judgment, the posi-
ton is not swell taken. l will not enter
into the controversy now, as to whether the
writ of ha6eas corpus can be suspended by
the Executive or not. Upon that point
made an argument before the Senate here
tofore, somewhat elaborate, in which l un-
dertook to prove that Congress alone could
suspend the writ of habeas corpus. l am of
that opinion still, and upon that branch of
the case l concur with the Senator from
Ohio.
The Senator from Ohio indicated in his
speech that this Congress, by giving some
qualified approval to the action of the Pres
idenl. had authorized him to suspend this
writ OF hubeas corpus. From that position of
the Senator from Ohio, 1 dissent. There has
been no action of Congress that, in my judg-
mept. would authorize the President to sus-
pend the writ Of ha6eas corpus. He has un-
dertaken to suspend it, and there are many,
some very learned, lawyers, who have main
tanned that in him is lodged that power
Other LAWYERS very eminent in this country
and. | believe. to the credit of the profession
the much larger number, hold that 1t IS q
legislative power. This is the point to which
wish to invite the attention of the Senate
Taking it for granted that the writ Of habeas
g. corpus is suspend ed by competent coustitu-
tional authority, then l hold that they have
no right to make these arrests. The writ o.
huJeas corpus has nothing to do with the ar
rest of an individual. The whole scope
verge, and object of the writ Of ha6eas coUpu
is to relieve a man, when arrested, from IL
legal Imprisonment. The object Is to opeE
the prison doors, and to bring him before th
rourt TO inouire whether he is lawfully de-
tained or not; and ii be has oeen Ia".uli
LODGED in the prison, it is the duty OF tn
{ndoe before whom he is brought to REMAND
him to orison, and if it is bailable case, t
allow him bail. and if he is illegally imprl
aoned. to let him 90 free. That is the only
object of the writ of habeas corpus. 1t Is
r,rsat remedial writ. The suspension in tha
writ copfers no authority on any officer
this Government to make an arrest. In
arrest and the discharge are separate an
distinct things. ta.
hold that there is no authority vested o
the Constitution of the United States IN 'tn
President or any of hisI Cabinet ministers
make these arrests; and whenever they ex
ercise such power it is an act of usurpa
tion and an overthrow of the Constitution
the country. The Constitution defines VIII
are the duties of the various departments
this Government. The dDties of the Exc
cutive are plainly marked out in the instr
mont So it is with the legislative powe
so it is with the judicial power. upon ea'
and everv one of these distinct bodies
saoy are conferred red separate a9n 1est@aae ann d5
exercise; and whenever they go beyond .
powers prescribed in the Constitution; Tn
usurp an authority notaSi'-en to them oy
law, and deserve and should receive
honest ceusure of every loyal man IN
couutry-I mean of every man loyal 10
Constitution of the country. -,
Now, sir, ask Senators who claim u
the Presid ent and his Cabinet ministers ma
exercised this power r;ghtfully, to point =,
to the clause in the Constitution or the
that authorizes those officials to arrest a CT
zen, a Civilian. The President, as Coi
mander-in-Chi of the Army and va
may have the right, by virtue OF the la
passed to regulate the Army and Navy
make arrests of persons employed in the Ia
and naval service; but l ask Senators to sh