Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-06-29
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SPEECH OF HON. JOHN p. MURRAY,
OF TENNESSEE,

i.
.z4- OF TENNESSEE,
In favor Of repeating the Act sspendiag the PRO.
ileqeUf the Wit Of Habeas Corpus. - .
: Mr.. .SPEAKgR,-I arise to express my views Of
the motion under consideration to refer the Pres.
ident's message speak on this occasion for the
purpose Vi entering my protest against the law
the writ of habeas corpus, as believe
the greater portion of my constituents are opposed
10 its suspension.
Mr.. Speaker, we live in no ordinary times. Sur.
rounded as we are by so many trying difficulties,
duty bids Us lay aside all Partially and preudces,
and look alone to the country's good. Every bar
rier and inpediment that clogs its wheels must be
removed; The wild passions and excesses that have
stained other resolutions must be avoided reckless
emulation for powor and place must be restrained;
imaginary danger must not influence our action
we must, amidst storm and tempest, look aloft to
principle as the surest road to success. Though
we may be dashed by the wild spray OF the pillows,
we must stand by principle like rock amid ocean
waves defyng alike the fury AMI power OF all op'
position. $500
Let us first enquire whether the law under con-
siderao is constitutional? The Constitution Of the
Confederate States in section 9th, sub section 3d.
pro, des that the writ Of ha6eas corpus shall not
be suspended except, when in case Of rebellion, or
invasion, the public safety requiresit Under this
provision Of the Constitution the power in Con-
gress suspend the writ of habeas corpus is clear
II the law under consideration only suspends the
writ or prohibits the judiciary from releasing FER
sons under arrest by the writ then the action of
Congress is constitutional, Congress being the
judge of the necessity CT such legislation. hope
10 be able to show hereafter however, that no ne
eessty exlst.d for such legislation but at present
l will inquire whether the law under consideration,
in its various provisions, has foundation in the
powers granted to Congress by the Constitution.
The power granted in the clause read is power
only to Suspend the writ of habeas corpus; it con-
feis on the President no power to arrest nor does
it confer Congress the mower to clothe the Pres
ident with such power. 1t is power vested in
Congress to suspend the writ Of habeas corpus in
case Of rebellion or invasion when the public sale
ty requires it. The law under consideration is
not without difficulty Of construction; may safe
ly say that it is without precedent in dctlon. The
preamble shows that Congress approached the sub
jsct TREMENDOUSLY, and evlnces clear disposition to
divide responsibility with the Executive. The
most remarkable feature of Che bill is to be found in
the preamble where it is announced that the Pres
ident desired the suspension and infora.ed Con-
gross of state of facts that rendered its suspen
sion necessary 1t is remarkably strange that Con-
gress, representing as it docs, every locality of
country, should alone be able to perceive the dan.
ger which required such action tt rough the Exec
utve Surely their combined knowledge of the
facts, rendering such action necessary, must have
equalled that of the Executive.
The first section OF the law provides that during
the present invasion Of the Confederate States the
privilege of the wit CT ha0eas corpus be and the
same is hereby suspended; but shall apply only
to the cases Of persons arrested or detained by Or
der of the President, Secretary Of War, or tho
general officer commanding the Mississippi
Department 10y authority or under the control of
the President. The President has no right under
the Constitution to arrest citizen BY order, as
will show hereafter
Does Congress intend to confer such power on
the President by the actP / maintain that it does.
The President, as commander in chief uf the army
and navy, has power to arrest soldiers by order !;
but the act does not limit his power to the arrest
of soldiers but in the act is used the word persons
which has much more enlarged Specification, in
GLIDING all rational beings living. The act declares
that the, writ shall be suspended only where per-
sons are arrested by order of the President The
term persons here. used, embraces within its mean
ing every rational being living in the Con:edera.
cy. This act, intending to give the President pow
er to arrest citizens by order ard not by warrant,
supported by oath and issued by judicial officer,
is thus far unconstitutional. There is no power in
the Constitution, even by the most latitudinous
construction, authorizing the President to arrest
by order, nor is Congress authorized to vest in him
any such power. The Confederate Government is
the mere creature of the States that formed it, pos
sesslng such power only as was delegated to it by
the States which formed it. The trainers of the
Constitution, guided by the light OF precedent
guarded against the encroachment of power by ar
express inhibition Of its exercise where it woulc
have been forbidden by the Constitution becaus,
not delegated. 1t was understood by our ancestry
that the military has natural procllvity for pow
er, and in all ages of the world had shown erea
tn fhoo s,, 1,,r
caprice of military commander for the nfexibl
rules OF. law; and where this has been suffsre,
without reinonstrance, military despotsm and mon
archy had followed with all the certainty of tn
succession of day and night. Hence it is wisel
provided in our Constitution, that the militar,
shall not have jurisdiction over any one who IS no
actually in the service. The Constitution provide
IN s.c;ion 9Th, sub section 16th that no perso
shall be held to answer for any capital or other
wise n'.rhors crime, unl.ss on pr sentiment or iC
dictment OF grand jury, except in cases arisin
IN the land and naval forces or in the militia whe
in actual service in time Of war or public danger
and in subsection 18th, that no warrant shall b
issued but on probable cause supported by oath q
affirmation and particularly describing the place
be searched and the person or thing to be seizet
Language could not more clearly inhibit the arre
OF CITIZENS by order of the President, Secretary
War, or the General commanding the Trans. Mis-
issppi Department The President has no MOVIE
. to arrest or deprive the hnmblest citizen of HI
liberty, except in strict conformity with law.
this country the caprice of one can be substitr
ted for law, whose protection extends alike to I'll
4 high and the low. The power of the President !
commander in chief Of the army, only extends
those in actual service and, as commander-in. chic
can ealy arrest those in actual service. This que
ton has been decided BY Chief Justice Tame,
/ whose learning and purity are highly esteemee
througheat the Confederacy He decides that ii
military authorities have no power to arrest or d
tain citizens under the Constitution of the Unite
States, which Constitution, in this respect, is sim
lar to ours Living as we do under Cover
I ment whose powers are only such as have bee
delegated, might With proprie:y ask where is til
power delegated to the Executive to arrest cit
zens by order II not delegated, then it does nj
exist as the Executive is q creature of delegate
powers and can exercise no implied powers. Tt
exercise by the President of the power to arre
citizens BY order; is usurpation Of power on h
part, alarming in its tendencies furnishing mos
| j l. -. L.. a.. E,a. A..