Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-03-04

already been Done, ana 86c&TeS%Jh46 a.
who have been or may be confined for
certain specific offences by warrant from
his Maiess{,a PEIzI Council q SscEetsries
without bail or malnprise and the second
act indemnihes the ministers of the crown
from consequences OF having made these
Illegal arrests, and protects them against
| all civil or criminal prosecutions. And
rom that day to THE, not a single in
stance Can be found in the history of En-
gland =: whkh PaHSmE ha1eef e.
cised the power of sns depending the writ Of
hd6eSs corpus until after it had been in
point OF tact suspended by the crown, and
then what they do is TO sanction and
! adopt the acts OF the king or his ministers,
| and indemnify them against the conse-
quepces of their proceedings.
| 1t will be perceived, therefore, that if
any argument is to be drawn from analogy
to the case OF England, That argument Is
| strongly in favor of the position which |
take. 1t goes to show one thing very
| clearly, that tAis power of suspension, to
| he operative and effectual, must be an act
Of the executive authority. zURless tits
exercised by the Executive, it can never
be exercised at all; and the question
which we are this day called upon to de-
/, termlne Is, not whether the power shall
be exercised by the President or by Con-
2ress, but whether the lower shall be ex-
ercised at all, or whether it shall be strick-
! en- from the Constitution altogether; for
| if it is only to be exercised by Congress, it
| is dead letter. j admit that IL Congress
had the power which is possessed by the
British Parliament, then there would be
no practical difficulty with regard to this
matter; tor thea Congress might do here
| what Parliament does there; it might
sanction and adopt the acts of the Presi-
dent, and indemnify him against the con-
sequences which might otherwise flow
from them. But, sir, Congress possesses
no such power.
+ The speaker introduced various argu.
ments, which are legitimate and valid,
showing that it was never the design OF
Congress TO restrict tine suspension to that
sbody-such as the classification of the
provision in a particular section and tie
fact that proposition to authorize its
suspension by the legislative branch, was
voted down in the Convention for adopt
ing the Constitution. He further argues
that if it was designed that Congress alone
should exercise the power, it would have
been so expressed.
| think, sir, have established that there
is nothing iii the practice or in the theory
OF the British constitution there is MOTH
ing In the position whichsthis clause occu-
pies in our Constitution there is nothing
N the history OF this clause 10 its passage
through the Convention, and there Is
nothing in the omission of all reference to
leg islative power that can furnish any ar
gument In favor of this power being in
tended to be a legislative power. And
now, MIR. President, it remaius only to in
qure what is the nature of this power p
Is 1t al executive power or is 1T leglUi-
mate pc wer2 If it Is al executive power,
then L insist that the only possible con-
structlon that can be put on this clause of
the Constitution, Is that it w as designed
TO give the power IN question TO the Press
ldent. In order to judge of the nature of tn
power we must ascertain when il is to be
exercised. Ii is to be exercised only in
two cases, rebellion and invasion. First,
In case OF rebelllon-not mere local Sc
ditiou, not instruction only, which Is OPP
position 70 some particular law, as the
"hiskey instruction for instance, but re-
bellion, which involves the overthrow of
the Constitution and Government Itself !;
which Is gu opposition to all laws. Sec
ond, invasion-not merely foreign war,
but foreign war accompanied by invasion,
the tendency of which, in like manner,
would be the overthrow of the Govern
ment, Constitution, and laws.
Now, whose duty is it to preserve the
Government, protect the Constitution and
preserve the laws2 The President, by his
oath OF Office, swears that he will preserve,
protect and defend the Constellation Of the
United States; and then it is made his
duty TO s. take care that the laws be faith
fully executed. Rebellion is resistance to
these laws. Rebellion is an attempt to
overthrow this consultation and Govern
ment. Who, then, is competent TO decide
whether the exigency has arisen which
will justify the suspension of the writ of
hdbeas corpus? Who but the President
alone? Congress may not be in session.
For nine months out of the twelve, every
other year, Congress is not in session and
yet the idea ls that the trainers OF this
Constitution meant to confer upon that
body alone the power of suspending the
writ of habeas corpus. Suppose Congress
were in session, how could that body
hDoW Wnether the eXlgency had arisen Z
How could Congress know whether the
execution of the laws had been resisted
They would have to depend upon the Pres.
ldent for the Information upon which they
were to act; and then while a bill for the
purpose of susPendlng the privilege of
the writ of hd6eas corpus was making
its way through both Houses, every
individual engaged in conspiracy for the
overtime" of the Government might be
at distance of a thousand miles from the
seat eff Government. How utterly impos-
sible, then, would it be for Congress to
exercise such power as this. This pow
er, admit, is high, transcendent power.
1t Is power which ought never to be ex-
creased except upon the most solemn, pres
sing, and urgent occasions. But, sir, it is
u power the exercise of which may be
absolutely essential TO the very existence
OF the Government; and in order that it
should be ethcacious. in order that it
should accomplish the end for which it is
designed, 1t must be exercised with the ut
most promptitude and vigor The slight
est delay may Illustrate entirely the objects
sought to be accomplished by it. The
Idea, then, that power OF this character,
which depends for its successful exercise
m no ntn