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The Daily Dispatch: October 9, 1862., [Electronic resource], Affairs in the Kanawha valley — Sale of Salt. (search)
Judiciary Committee to authorize the President to suspend the writ of habeas corpus in certain cases. Mr. Jones, of Tenn., took the ground that there was no power in Congress to declare martial law, but it had the power to authorize the President to suspend the writ of habeas corpus. martial law, in his judgment, was what Gen. Van-Dorn had defined it to be in Mississippi--the will of the officer who declares it; but he believed that whoever declared it, did so unconstitutionally. Mr. Dargan, of Ala., said there was nothing in the Constitution relative to martial law, nor any power in Congress to declare it. The nearest approach to it. If any at all, was the power vested in Congress to suspend the writ of habeas corpus in times of invasion, insurrection, or rebellion, if by the terms of the Constitution martial law could not exist, neither Congress, nor the President, not any power on earth, could establish it. Congress has a clear right to suspend the writ, and there its duty