Remarks of Hon. Henry C. Murphy, of Kings County, Upon That Portion of the Message of His Excellency Governor Seymour
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Excerpt from Remarks of Hon. Henry C. Murphy, of Kings County, Upon That Portion of the Message of His Excellency Governor Seymour: Relating to Arbitary Arrests, Delivered in the Senate There are two branches of the enquiry somewhat involved together but yet essentially distinct - arrests by State warrant and the denial of the privilege of the writ of habeas corpus. It is undoubtedly true that if the writ of habeas corpus cannot be complied with so that the cause of detention may be inquired into, the means of arrest become immaterial to the subject of it, and whether legal or illegal, its effect is all the same to him. Still there are two distinct questions, involved in the consideration of the subject and so the Govenor evidently regards them, I purpose to treat them, therefore, separately. There are however, some considerations belonging in common to both of them upon which I will first say a few words. In both cases there is an exercise of power by the President, and the enquiry becomes proper, what is the nature of his authority? This may briefly be answered by stating what he is and what he is not. He is the mere creature and instrument of the Constitution. The government of the United States itself is a limited organization made by a free people for their own purposes. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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