Year: 1861




constitution says Congress alone
have the power to raise armies. He
has also added to the navy against
the warrant of the constitution.
these acts are not defended on con-
stitutional or legal grounds, and he
pronounced them usurpations. This
resolution goes on to recite that the
President has suspended the writ of
habeas corpus, and proposes to rati-
fy and make that valid. We have
q great deal Of talk about rights
the rights of States, the rights of in
dividuals, and some of them have
been said to be shadowy and imagi-
nary, but the right OF every citizen
to be arrested only by warrant of law,
and his right to have his body brought
before a judicial authority, in order
that the grounds of that arrest may
be determined on, is real right.
There can be no dispute about that.
1t is the right Of rights to all--high,
low, rich or poor. 1t is especially
the right of class which his excellen-
cy the President calls plain people.
1t is a right, the respect for which is
a measure OF progress and civiliza-
ton. 1t is right that has been
struggled for, fought for, guarded by
laws, and hacked up in constitu-
tions. To have maintained it by
arms, to have suffered for it then to
have it established on foundations
so immutable that the authority of
the sovereign could not shake it, is
the chief glory Of the British people
from whom we deprive it. In En-
gland the legislative power alone can
suspend it. The monarch Of En-
gland cannot suspend that right.
But the transatlantic freemen seem
to be lager to approve and ratify acts
which European monarch dare not
perform. 1t needs no legal argument
to show that the President cannot
suspend the writ of habeas corpus.
l content myself with referring to
the fact that it is classed among the
Legislative powers by the constitu-
ton. And that article comforting
powers on the President touches not
the question. 1 may add that, upon
no occasion, has it ever been asser-
ted in Congress, so far as [ recol-
lect, that this power exists on the
part Of the Executive. On one occa-
sion, Mr.. Jefferson thought the time
had arrived when the writ might be
suspended, but he did not undertake
to do it himself, and did not even
recommend it. He submitted it to
Congress, and in the long deb: te !;
which followed, there was not the
least intination that the power be-
longed to the Executive | then
point to the constitution, and ask
Senators from what clause they de-
duce the right, by any fair cnnstruc-
ton of the instrument itself, what
part conters the power on the Presi-
dent2 Surely not that clause which
cnjoins him to take care Of the con-
stitution and the laws, and faithful
ly TO execute them. The most cnli-
ment commentators of the constitu-
ton declare it to be Legislative
right. The opinion Of the present
Chief Justice, which has never been
makes all further argument
idle and supertluous: and one of the
worst signs Of the times is the man
ner in which that opinion has been
received. \ subordinate military
officer in Baltimore arrests private
citizen and confines him in Il tor
tress. His friends get a writ of ha-
beas corpus, but it cannot be exccu-
ted. The Chief Justice then gives
an opinion, which is commended, not
only by the profession OF which he
is so great an ornament, but by all
thoughtful men in the country. 'lh.
newspapers OF the country. aud the
men excited by yviolent passions. have
denounced the Chief Justice, but