The Above Are Lists Or Catalogues Of The Powers Which Congress Has,
And Of The Powers Which Congress Has Not
- Of what Congress may do,
and of what Congress may not do; and having given them thus
seriatim, I may
Here perhaps be best enabled to say a few words as
to the suspension of the privilege of the writ of habeas corpus in
the United States. It is generally known that this privilege has
been suspended during the existence of the present rebellion very
many times; that this has been done by the Executive, and not by
Congress; and that it is maintained by the Executive and by those
who defend the conduct of the now acting Executive of the United
States that the power of suspending the writ has been given by the
Constitution to the President and not to Congress. I confess that I
cannot understand how any man familiar either with the wording or
with the spirit of the Constitution should hold such an argument.
To me it appears manifest that the Executive, in suspending the
privilege of the writ without the authority of Congress, has
committed a breach of the Constitution. Were the case one referring
to our British Constitution, a plain man, knowing little of
parliamentary usage and nothing of law lore, would probably feel
some hesitation in expressing any decided opinion on such a subject,
seeing that our constitution is unwritten. But the intention has
been that every citizen of the United States should know and
understand the rules under which he is to live, and that he that
runs may read.
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