1876.] ^*^ [Strong. 



exercise of his profession, may learn how careful and 

 minute was his search after facts, how calmly and wisely 

 he arranged every fact discovered in its proper relation 

 to all others, giving to each its due weight, how inevitably 

 his deductions seemed to flow from his premises, and 

 how precise and perspicuous was the language he em- 

 ployed. No one, I think, can rise from its perusal 

 without a thorough conviction that its conclusions are 

 absolutely correct, and that the opinions that prevailed 

 before its publication were, all of them, more or less, 

 erroneous. 



One other product of his thoughts he gave to the 

 public. During the progress of the civil war, the Presi- 

 dent of the United States, under the pressure of what 

 seemed a real necessity, suspended the privilege of the 

 writ of Habeas corpus, without any authority given by 

 Congress, claiming that by the Constitution, and from 

 the nature of his executive office he was invested with 

 the power to suspend the privilege, in cases of rebellion 

 or invasion. As might have been expected, his act im- 

 mediately called forth much unfavorable criticism, and 

 his power to do what he did, in the absence of Con- 

 gressional authority, was in many quarters, strenuously 

 denied — in all quarters, perhaps, at least doubted. It 

 was then (in 1862) that Mr. Binney turned to the con- 

 sideration of the subject, and gave to the public an ar- 

 gument in support of the power claimed by the Presi- 

 dent, not less remarkable than the best of his earlier 

 efforts. This is not a proper occasion to pronounce 



PROC. AMER. PHILOS. 80C. X^'I. 97. E 



