rictions on Congressional powers are found elsewhere in the
Constitution, Section 9 of Article I seems to have been framed
especially for this purpose.[36]

[Footnote 36: Clause 1 of this article formed an important part of the
third great compromise, which was discussed on p. 43.]

Writ of Habeas Corpus.--Clause 2 provides: _The privilege of the
writ of habeas corpus shall not be suspended, unless when in cases of
rebellion or invasion, the public safety may require it._

A writ of _habeas corpus_ is a writ granted by a court, commanding an
officer to produce before it a prisoner, in order that the court may
inquire into the cause of his imprisonment or detention. If, after such
inquiry, it is found that the person is detained for insufficient cause,
he is granted his freedom.

President Lincoln and the Writ of Habeas Corpus.--President
Lincoln, as a military necessity, in 1861, suspended the privilege
of the writ over a limited area, constituting a large part of the
State of Maryland. The Supreme Court, however, declared his order
non-effective, maintaining that the right of suspending the writ of
_habeas corpus_ lay with Congress, though it might be granted to
the President. This attempt on the part of the Supreme Court to
restrain Mr. Lincoln was a failure, and shows that even the highest
of our tribunals may not have its usual power in time of war. It
was not until March 3, 1863, that Congress made the decree of
President Lincoln legal by authorizing him to suspend the writ
whenever he believed the public safety demanded it. In September of
that year he declared the suspension general throughout the
country.

Ex Post Facto Laws.--Clause 3. _No bill of attainder or ex post
facto laws shall be passed._

An ex post facto law, as defined by the Supreme Court, is a "law which
renders an act punishable in a manner in which it was not punishable
when it was committed." It applies to acts of a criminal nature
only.[37]

[Footnote 37: Clause 4 is discussed under National Finances, p. 84.]

Care of Public Money.--Clause 7. _No money shall be drawn from the
Treasury, but in consequence of appropriations made by law; and a
regular statement and account of the receipts and expenditures of all
public money shall be published from time to time._

It is proper in a government such as ours that the control of the public
money should be lodged with