Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1872-02-14
HABEAS CORPUS.
THE LAW FOR THE clTlzEN--THE pERAUcH
ERY OF TIE TIMES.

cry OF TIE TIMES.
Tho sixth article of the Amend,
ments to tho Constitution contains
not less than eight limitations OF
Fedegal power viz:
1st, In all criminal prosecutions
the accused shall have n speedy trial.
I'd. lie must be tried publicly, and
cannot DO tried secretly.
3D.. He shall be tried by an impair.
tial jury
4th. He cannot be taken away
from his own State and district to be
tried.
9th. The district can only be de.
tcrminod by the law; neither the
President nor any other Federal officer
has any discretionary power in the
case.
9th. He must be informed Of the
accusation against him to enable bis
delainers to hold him.
7th. He cannot be denied process
to obtain witnesses for his defense.
slh, lie cannot be denied the assis
tance of counsel.
This is what the supreme law Of
the land says, and no act that the
Ramp can pass can set it aside. Aud
the President cannot violate IL with
out committing perjury and rendering
nlmselr nabIe to 1v punished like ny
other criminal
Congress has no power to give the
President permit to override the
Constitution. Congress has no origi-
nal powers its powers are all only
derived or delegated powers. The
learned Horne Tookc once said, in his
celebrated speech defending his right
to scat in Parliament, "If there is
any ono principle incontestible, it is
this-that no one can delegate dele.
gated power" Tho military sairaps
who have relied upon the acts Of Con
gress to shield them from the conse
quences of violated laws may find
themselves finally caught in fatal
trap.
Let every man remember that tho
supreme law is over him, over Prosi.
dent, over every officer of the Federal
Government, over every General, or
other military officer, as well in.
times of war as in time of peace. III
is not military necessity but the Law
that is supreme in the country, The
Executives hands arc at all times
limited or tied by the Constitution
and If he darcs to break tho strong
cords the law provides n punishment
for him, the same MS for the humblesl
citizen in this land. Our Constitu
ton recognizes no such thing as wal
powerjat least weCannot find ii in that
instrument, nor is there any other
power vested in the President which
makes him above the law at any
time. The public mind seems to be
very ignorant concerning martial and
military law, which are by no means
one and the same thing. General
Halleck says in his military work,
and General Halech ought TO be good
authority with the Republican party ::
"Marta law has often been confoundcd With
military law but the two are very different
Military law, with Us, consists Of the rules and
ARTICLES Of war; and other statutory provisions for
the government Of military persons. Tho right
TO declare martial law is ono Of the sovereign
powers, and resides in The governing authority Of
the State, and II depends upon the Constitution
of the State whether restrictions and rules arc 70
be adopted for Its application" &c.
Even General Halleck says the
''oi''"b nus w lVNNI w uNNiWlN
martial law over State, or even to
exercise military law in State ont
side Of the lines Of the army In time
OF actual service. Congress clearly
has no power to do it, All parties
who attempt snch thing make them
selves liable TO indictment, trial and
punishment, to tho nature and extent
of the wrongs they have committed
Martial ldw, no matter whore pro
does not give tho slightest
jurisdiction for trial or punish men,
over the life, the person or the prop.
oriy Of the citizen. On this point the
Abolition party seems to be ignorant,
and may some day bring many Of
them to fatal stand The utmost
power of martial lar is expended in
holding any offending party until
such time when he can beproporly
tried in civil court. II is in no re.
spect the business of courts martial to
punish or even to try citizens. Thoir
power simply resides in holding of.
tendaIB ior the action of civil courts.