The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1863-02-19

thing if the unwrit.en constitution of
England conferred precisely the same
powers and enjoined precisely the same
duties upon the king that our written
Constitution confers on our President,
and if the powers and duties of the Brit.
ish Parliament and the American Con-
gress were the same but such is not the
case. So far from identity there is scarce
| ly single point of resemblance. 1t is
not new necessary to enlarge upon this
diversity If the trainers of the Consti.
tuition had conferred upon the President
all the vast and varied powers of the
king Of Great Britain, they mi2h have
well hesitated to confer this additional
power; but inasmuch as they limited the
duration of his Office, and defined his
duties and powers, leaving but slight
margin for discretion or abuse in either.
see no danger iu giving to him this
authority; aud, from the nature Of lis
oath, AID the duties Of his Office, and
other powers conferred upon him, infer
that this power WAS also conferred His
oath requires him to preserve, protect,
and defend the Constitution. This lie
swears to do; and they must have given
to him power to redeem his pledge. The
suspension of the privileges of the writ
Of habcos corpus may be the most effect
i've way possible in which the President
can fulfil his oath of office; nay, more,
under certain circumstances it may be
the cn}y way. 1t is his sacred and i'm,
pcratiye duty to take care that the laws
be faithfully executed In order to Go
this efectualIy he must possess the pow
er contcndcd for
But, Mr.. President, let us take anoth-
er view of this matter. The President
is co ordinate branch Of the General
Government, and within the spere of his
powers he is alike independent of Con
gress and the judiciary, the sole judge Of
his own powers, accountable to only God
!, and the people. Any other construction
e'ytould destroy the harmony of the Con-
nMitution, and the dignity and independ-
cSeehHa Of the Executive. The President
= y es - oath to preserve the Coustitu-
Il . anS ~ ftithfully perform tho duties
Il hi1 Ree The first, highest, most
W f1 operative duty which he
, !, 6onntry is to suppress the
. Nj eauseless and terrible re-
.hWH VI discharge of that duty
l Ha nued the prlvnrgc =,
81 feYl eOrpus, believing tha:
,Ytf.N ) TO do SO. And had h
A1NGz reason for his belief?--
- = the opinion Of the Attor
III Hoo the subject, had doubt
~ s. opinion of the other cnIi.
~ = ftlxens and distinguished lawyers
= I&ANe referred. And after al,
Ia 8, The Nothing 50 very wrong in
kR the declaration Of General Jackson,
That his oath bound him to support the
Constitution as he understood it. All
must obey the Constitution in that light,
and Can obey it in no other The oath
of Office binds the conscience Of the Pres
ident, and dees not act upon the con
| science CT another.
Gentlemen speak of the Presidents
usurpation Of authority The Constitu-
tion authorizes the suspension of the
privileges of the writ of hujcas corpnS,
without saying in express terms who shall
exercise that authority. The President
has done it. 1t is an accomplished fact,
and cannot be undone. Suppose we now
say that, in our opinion, the authority is
given to Congress, can we change his
convictions Of duty or control his actions?
Such course will only bring about a
conflict of authority between Congress
and the President, and weaken the power
of both. Let US strengthen the national
arm now raised to crush this mighty re-
bclIion. This is no time to raise issues
with the President, upon doubtful points,
to bubble over technicalities and forms.
Let US bnl our mightiest energies to
the prosecution Of this great work, the
maintenance of the Union. We have no
strength to waste in idle disputes in this
| hour of the nations EXTREMIST peril,
Having disposed of the power of the
President to suspend the privilege Of the
writ of habeos corpus, | now come to bis
power to make military arrests. The
power of the President to use military
| force to make arrests to aid in putting
| down insurrect0n or rebellion has been
decided by the Supreme Court in the
case Of Martin Luther vs. Captain Child
and others, reported in 7 Howard's Re
ports, IA case growing out Of thc
! Dorr rebellion. The acts Of l705 and
1907 expressly authorize these arrests,
! but do not more than reaiiirm authority
already granted in the Constitution Of
! the United States. Those acts place the
military force at his disposal for the sup,
preston of rebellion, giving him full
! discretion as to when AID how he would
use that force. In my opinion he has
the same right to use the military force
to arrest traitor or rebel sympathizer
in the North as he has to use the militia
ry force to crush rebel in arms against
the Government. 1t is left to his dis
cretion, and when the discretion is exer-