Page:Essays on the Civil War and Reconstruction.djvu/55

Rh no result was reached till just at the close of the session.

The interpretation of the clause of the constitution relating to the suspension of the writ of habeas corpus, was not, however, definitely decided even then. It was admitted on all sides that the general impression, from the foundation of the government, had been that the power of suspension was in Congress. The insertion of the clause in the article relating to Congress indicates that such was the idea of the committee on style and revision in the convention. As first presented to the convention and referred to the committee of detail, the clause contained the words "by the legislature." Tucker's Blackstone and Story's Commentaries assume without discussion that Congress alone can suspend the writ. The Supreme Court indicated such an opinion in Bollman and Swartwout. And especially significant of the early idea is the fact that when, in 1807, a bill was proposed suspending the writ in connection with Burr's conspiracy, a long and violent debate in the House disclosed not the slightest intimation that any one suspected that the power was in the President. The action of Mr. Lincoln's administration, however, had been justified by opinions from eminent lawyers, and officially by that of the attorney-general. The grounds on which these