Conservative Essays Legal And Political

Cover Conservative Essays Legal And Political
Conservative Essays Legal And Political
S S Samuel Smith Nicholas
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The only other case cited Is Martin i'5. "Wheaton (12 Wheaton, 29). The only matter decided in this case, having the slightest bearing upon the claimed power of the President over the writ of habeas corpus, is this : That the au- A REVIEW OF TUE ARGUJIENT, ETC. 273 thority to decide Avhether there is a danger of invasion to justify a call of militia to repel it, under the act of Congress, is exclusively vested in the Presi- dent, and his decision thereon is conclusive. This is plain, good autho...rity to prove, what needed no proof, his like authority to detei'mine the question of an existing rebellion, under the same act, authorizing a similar call for its suppres- sion ; but it does not tend at all to prove his power to suspend the vrrit of habeas corpus as an aid in suppressing the rebellion. These are the cases, all the authorities relied on, for justifying so extraor- dinary, so unprecedented a usurpation of power. They, none of them, nor all of them together, give it the slightest sanction.

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