Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-03-19

/ g OF aUBi0n party u b9s oOaln, hAu taVs ~
tually gigesucouragemept to the enemy.
I But We have enphaticaliy denied that Con
gress can rightfully confer upon the President
ths Povzet TO suspend the writ Of habeas corpus
a bis pleasure ~
/ The third article Of the ninth section Of the
Copstitu.ion is in these wofas & !" The PriYilege
Of the wit Of habess corpus shall net be aus
4 pended unless when, in cases Of rebellion Of
fngasioni the public safety may require it. =
This is the command of the sovereign power,
| the people, sddgessed to thsiE representatives..
That the writ of habess corpus may be suspend
i ed under vBry extreme emergencies, and under
such eraergeneiss only, is not denied but how
and by whom may it be suspendedf That Is
the question. Did tho people, in their organic
law- say to Congress, you may satorize any
person 70 suspend the writ, Of did they mean
kthisl The character Of the power te be exer-
4 eissd must ssssle tAis7qassson. Is il executive
/ power o5 is 1t legislative power ! II It be
executive power it cannot be exerted By the
Legislative department. and if it be legislstive
pover i.E cannot Be exerted by the executive.
Surely no political truth is more self-evident,
and nonelmors essentially and yitaIly important,
lhan thaa dslegzisd Legislature PosocF cannot be
.re-daleeased, OF vested in any other person or
! bedy Of persons than that to which it was dele
gAted Civilians inform US, ard history and
/ cur own kxperisacs teach Us, that if We would
4 hsve liberty the powers of geyerument-legis-
Ia.ige. executive and judicisl--Innst be confded
! 70 separate bedies of magistracy, and that any
power prbperly belonging to Que department,
foue6s not to be exercised by another. When
/ all pow@ is united IN one department it is a
despotisrh. Accordingly ws fad that our Con
s.itation establishes three departments of gov
iethmeaf-Htbe one legislative, smother executive,
sad smother iadiciai--aud II assigns 10 each its
appropriate functions, not in general terms, but
by .enuzn9rating the powers OF each; and in no
instance does it vest the same power indiffer-
satly- in two or more Of the departments. These
departrasnts were formed not only. that each
should exercise It's particular duties, but as
checks on each other Where is the check, now,
10 an indlscreet exercise of the power to suspend
the -hsbe4s corpust
The 8sh section Of the Constitution is sd
dressed ito Congress, and enumerstes the
powers Of that bsdy, beginning with the power
to lay and collect taxes, duties, imports and ex-
cisos, ete!, and proceeds with tue power to bor-
for money, to regulate eommsres, TO establish
uniform laws Of naturalization, to coin money,
etc, etc., and concludes BY a general clause
eonfeTrink power to make all laws which shall
be necessary and proper frF carrying into exc
csgioh the foregoing powert, and all otberpoweTs
vested in Iths government by the Constitution.
These are cenfessedly sil legislative powers.
Could Congress BY = IsIii7s lsyT say to the Presi
deots you. lay snd collect taxes, duties, and i'm
posts; you borrow money; you regulate COM
lnsrcs; etc !? certainly No.one could be found
bold enough 10 contend for such an absurdity.
These things have to he done by law. and there
is but one law making power in the COnfed-
eraey.
The Oh section is addressed to Congress, also,
in language of prohibition. and it may thsrefors
Be called cur bill of rights Ii forbids the
importation Of negroes it f0rbids the passage
of q bill Of sttainaer, sz post fqcto law, or law
impairing the right Of property in slaves it
forbids the suspension Of the writ Of habeas cor
pus except when the public safety may require
it And why is this prohibitory language aa-
dressed To- Congress Because the things there
in enumerated VIXEN they can be done at all,
balong appropriately to the legislative depart
rnsns; they are all legislative powers; hence
Coaggess is prohibited from exercising them.
The Constitution does not say the President
shall not suspend the writ Of habess corpus e1-
cept when in MS opinion the public safety may
require it, such power is not enumerated
suoBg the executive duties The privilege Of
the writ.is secured by fbe highest Law, and when
it can rghtfully be suspended, the suspension
must Ike place By law. Il is legislative power
Of the most inrp0TtSni and delicate character.
The Legislature is The proper custodian Of the
public safety, and when so delicate measure
Is to be adopted, the whole people, through
their representatives., have right to be heard,
and tbsy cannot be deprived of this great privi-
leQs without hearing. They hsye right to
deliberate ard to judge Of the emergency which
is supposed to call for such action. Nothing
esn become a law binding on the people, unless
il bepsssed By the legislative department. As
wen might Congress invest the President with
al the powers which it rnsy righsfally exercise
Unasr the 9.A section. There is nothing 50 pc
caliar IN. th e suspension OF the writ Of hsbeas
corpus ..s to make it an exception. The ques
ton lies IN s nutshell car the writ Of ha-
beas corpus be suspended otherwise than
by law; must it be by legislative pow.
sr or notl II suthority were necessary en-
go plain a proposition, Chief Justice MARSHALL,
IA the csse Of AARON BURR, held that the
susronsion of 4hs wit Of haboss corpus was a
legislative power. If this be 20, where is i!
vested and by whom must It be exercised The
frss sricle ef toe. Constitution answers the
/ question Itssys. all Legislative powers herein
delegated, shall be vested IN s. Congress Of the
CohFaderate States, which shall consist of
senate and house of representatives. Now
mark, It is delegated power not oTiginsl inher-
ent soq:er. And It is delegated to a senate and
house Of representatives, not 70 be fedeiegsied,
but to be exercised by these bodies. And By
vesting It there the Constitution necessarily ex-
Guided it from other departments, either in a
general OF limited senss. Our safety depends
upon combining each department. to its proper
sphere of acIion. What considerations enter
into tie suspension Of this most invaluable
wit There must be rebellion or invasion, but
these alone do not justify it; the public safety
Is superadded, thst must require il. This bill
makes the President the judge Of the public
safety the Constitution made Congress tho sr-
bsss- i, tbst rnstfer: there the people are rep