Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1863-03-27
Writ of Hnbcas Corpus.

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its familiarity with Constitutional law, pa
rades before the astonished view of its read
ers learned disquisition upon the great writ
The Courier cannot be so ignorant as not to
know that the question, :" in whom is the
suspension of the writ vested in time of re.
bellion ?" has never been definitely settled
Iby any authentic tribunal. The best lawyers
of the land, past and resent, have been di.
vided on this subject.
Has the Courier access to the Debates on
the Federal Constitution If so, will it tell
its readers what member of the Convention
proposed to vest in Congress the power to
suspend the writ in time Of rebellion, and
then inform your readers that the proposition
was voted DOWN.
What Is the fairpresumption ? Why, that
the Constitution having authorized the sus-
pension Of the writ in certain cases, the pow
er to suspend was vested either in the Presi-
dent or Congress, as might be the most ex-
pedient. The Judiciary cannot suspend
the Convention said the power should not
vest alone in Congress-the President then
is the only Department Of the Government
vested with the power. But admit that it
may be Legislative power, and the President
in time of public danger and peril, Congress
not being in session, concluded to ursurp that
power. W hat then? Is the editor of the Courier
so ignorant of the horn-books as not to
know that in such a case remedy is pro-
vided? The precedents Of law are, that
when the Executive exercises the power of
suspending the great writ, the Legislative
Department may indemnify the Executive
and all those acting under his authority
The President and his constitutional advisers
believed he had right to suspend the writ
in time Of rebellion. Many profound lawyers
in the country, among them the Presidents
own political friends, doubted his right, be-
ieving it to be a Legislative function.
What was done? A bill in exact accord.
ance with the precedents of law was intro
duced and passed by Congress, indemnifying
the President, together with those acting un-
der his authority, in making what the oppo-
sition are pleased to term arbitrary arrests
Before the passage of the bill, Lazarus Pow
ell, the Democratic or rather Butternut- Cop
headed tory leader on the floor of the United
States Senate made long, time-killing speech
in opposition, of course. Hoping to defeat
the bill, the Senate being on the eve of ad-
iournment, he spoke from 7 o'clock in the
evening until about 8 o'clock next morning.
He assaied the President in bitter terms
During his speech Mr.. Doolittle, of Wiscon-
sin, interrupted him in the following words:
Does the Senator admit that there might
be cases where the President would have the
right to suspend the writ of ha6eas eorpus?"
To which Powell replied, Certainly" Ask
ed Mr.. Doolittle, "Can the Senator conceive
a rebellion more likely than the present one
to endanger the public safety, and require the
suspension Of the writ?" To which Powell
replied, Certainly can." Has the Courier
read that speech? Mr.. Powell, your great
constitutional expounder, the Senator, says
the President has the power in a time of dan
ger to the public safety. That he has not the
power now, because this rebellion does not
endanger the public safety.
Hurry up. Mr.. Courier, or old conservative
Kentucky will join New York and Pennsylva
MIA and leave you out in the cold. You can't
make any more capital out of the Great Writ.