Lincolns Suspension of Habeas Corpus As Viewed By Congress

Cover Lincolns Suspension of Habeas Corpus As Viewed By Congress
Lincolns Suspension of Habeas Corpus As Viewed By Congress
George C George Clarke Sellery
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To suspend ... " meant Congressional au- thorization to suspend. Field's statement may be given as fairly typical. There were, he said, two objections to the third section : '"The first is, it takes for granted that the power of suspending the privilege of the writ of habeas corpus is conferred by the Constitution upon Congress alone ; and then it proposes that Congress should delegate to the Presi- dent, not only the power of suspending the writ, but also of determining whether the exigency ha...s arisen which would justify such a suspension ... I hold that the Consti- tution of the United States confers upon the President, and not upon Congress, the power of suspending the privilege of the writ of habeas corpus; but if mistaken in this, I hold that Congress has no authority to delegate to the President the exercise of such a power. "^* Collamer went even further, and asserted that the bill was a condemnation of Presidential sus- pension : "It goes on the ground that anything he [the President] has done by way of imprisoning these people is not in the least altered by his suspension of the habeas Corpus; that is to say, 'we are right about the construction of the sus- pension of the habeas corpus act [clause of the Constitution], and you are wrong.

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