North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1865-06-14
Horace Binney Oh Habeas Corpus.

Horace Binney Oh Habeas Corpus.
Many of our readers will recollect that
Horace Binney, Esq, some two years o.
more ago, gave legal opinion sustaining the
act of President Lincoln IN suspending the
Habeas Corpus. 1t is also well known to all
our readers as we'll as "the rest of mankind"
that the Democratic press everywhere con
demned this action of the President, and de-
MED the soundness of Mr.. Binney's l1gir sus
tanning it, and for so doing they were ."cour
teously" denominated TRAIroRs by the
friends and supporters oc the Administration
Two years have elapsed. Mr., Binney has
had time t. review his former opinions /; to
observe the effect of the Suspension, to
follow out his former reasonings to their
necessary and legitimate consequences, and
| to contemplate POSSIBLE results in case the
Democratic party shoul again get into DOW
er. And now, after these two years, when
the war is over, and there is apparently no
reason why those in power should longer
seek to wrest from the people this great and
inestimabe constitutional right, Mr.. Binney
issues another pamphlet. in opposition to his
former "opinions," acknowledging that tha,
"oplnon" was erroneous, and assuring tie
people that this power to suspend the writ
| OF Habeas Corpus is too great, too transcen-
oent too Overwhelming to be placed in the
hands of the President.
The following extract from the latest opin.
| ion of Mr.. Blnney on this subject, will be
read with interest, as it may be safely re-
garded as the "sober second thought, Of this
! eminent "Philadelphia lawyer" who, to
sustain his professional reputation before the
world, has been compelled to do homage to
the Democratic party by this public afirms-
ton of the soundness OF the prime piles OF our
party on this important subject.
Mr.. Binney says:
'No condition of life, no loyalty to the
Union, the Constitution, and the Govern
ment, is exempt from the operation of the
power ; Ho domestic relation, parent and
child, guardian and ward master and appren
tice, persons in tutelage, whom the laws of
1
and guides, at least while they commit no
offence; no drafted freeman under or above
ths age prescribed by law-no freeman
claimed to be enlisted in the army through
fraud, duress or intoxication-in fine, NOBODY
will retain the privilege, if the public safety
shall be thought to require its suspension.
hope may say, that when suggested, in
form er paper, that the President-as intend
ed by the Constitution TO exercise the whole
power that was given by the clause-I had
not conception that the power was any,
thing like this. / agree that the executive
Office is entirely unfit for it that such a
power has not precedent in any history,
English or American, to justify it, and that
1t Is as unnecessary. either in rebellion or
invasion, as it is unexampled. The Consti-
tuition cannot have intended to give 1t to
anybody. 1t is against the spirit of the
whole instrument, and of all the found atoms
on which it 10 built"
| The Charleston Courier of the 25,h s.vs
"The jubilations which the freed people of
this section have iudulged in on account of
their release from bondage was well enough
in its way, but it would be wise for those
same people to understand that con tinuous
jubilee is not the lover by which they are TO
provide for the support Of themselves and
fa miles.
BANKs COME TO GRIEF-Geueral Ranks
has been ordered to report at Wal,ham, Mass.
His affairs are undergoing investigation by
the War Department.
Ihe Aboiitlonsts of New England are ont
In favor of negro suffrage aud reputation of
the war debt. Wendell Phillips sustains the
proposition.
Judge CATRoN, Of the U. S. Supreme Bench
dicd at Nashville Tenn. on the Both ult.
Il A few days ago an attempt was
made at New York to sell two Government
st amers at auction, but as the best bid lha +,
could be obtgned for one th, cost the Gov.
eminent 100000 was only $4,000, thew