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1 Authorities Cited Antagonistic to Horace Binney's Conclusions on the Writ of Habeas Corpus 1862

handle is hein.trials/abdr0001 and id is 1 raw text is: AUTHORITIES CITED ANTAGONISTIC TO HORACE BINNEY'S CONCLUSIONS ON THIC WRIT OF HABEAS CORPUS. By TATLOW JACKSON. Having carefully read Mr. Horace Binney's pamphlet, 1 The Privilege of the Writ of Habeas Corpus under the Constitution, and conscientiously believing the doctrine therein inculcated to be of an anti-Republican tendency, and the conclusion- The Presi- dent being the properest and the safest depository of the power (to suspend the Writ of Habeas Corpus) and being the only power which can exercise it under real and effective responsi- bilities to the people -to be untrue, and not safe to a people whose Constitution, in its preamble, declares that it was ordained and established in order to form a more perfect Union, establish justice, (not despotism,) insure domestic tranquility, and (last but not least) secure the blessings of liberty to ourselves and our posterity -I feel it to be a duty, notwithstanding the mis- conceptions that may be entertained as to the motive which prompts me, to make public the result of such investigations on the subject as my limited time has permitted me to make. The Constitution, exclusive of its amendments, is divided into six Articles, of which the three latter relate to miscellaneous grants and restrictions ; the third relates to the Judiciary; the second exclusively to the Executive ; and the first to legislative powers and restrictions-commencing Article I., Section 1. All legisla- (1)

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