The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-10-05

on that island can be arrested only by process issued by
some court OF competent jurisdiction In the event that
resistance made to such process then military force
may be used in aid OF the civil authorities but not other
wise. II is principle of institutions that the mill
lay power shall be subordinate to the civil power and
the 9Th amendment to the constitution expressly declares
that mo person shall be held TO for capital or
otherwise infamous crime, UNLESS PREsESTMEkr OR
| INDICTMENT OF GRAND JURY, except IN arising
IN the land naudi forces, In the militia, When in
actual service IN time of or public danger !" and
that person shall "bs deprived of iye liberty on
property, tciltout DUE PROCESS OF LAW" The 5,h
amendment to the constitution says The right Of the
people 10 be IN their persons. houses, papers, and
effects, against unreasonable searches and sisures shall
not be Violated and WARRANTS ISSUE, UPON
PROBABLE CAUSE, SUPPORTED OATH OR AFFIRMATION
and particularly describing The place TO be searched. and
the persons or things TO be seized"
AS commentary upon these provisions of the constu-
ton. we subon the following opinion Of William Writ
Attorney General Of the United States in Obed virgins
case. Wright not suspected Of an intention to com.
mt crime 1t was known that he had committed fla.
grant and violent outrage and the Executive applied to
Mr. WHIT, the Attorney General. for his opinion as to
the proper course to be pursued Mr. Writ answered as
follows
ArroRNKY GENERALS OYFicE, Sept 3, 1918.
Sir Mr.. Calhoun has called me, the desire Of the
Secretary Of State (now ab.en) Tor the purpose Of in
9ashaIs Of The several districts aud Territories for The sp
Fl "s BE- or either
you Will find from Mr. SIens sn,ws. 70 some questions
BY memory, that he says, Of Bradford who was mp.
Of VI
had against Bradford to warrant his proclamation;
fac. Of the insnrecon, which was very ,ie Anything
short Of b4m agrans The result OF the inqairy Is that
and have very strong doubts tin which MI Calhoun
curs) wheh either OF the courses proposed warranted
belongs judicial, the executive branch of
and the OF is always preceded
Wiz on can he q Ss Un
ted States order an arrest ethsI BY proclamation, Or by IN
instructions be- in effect warrant 70 arrest Il svey
clear that they would and that either Of them would
be violation OF the 9Th article OF the amendments OF the
constitution of the Un,ed States which provides that ,hs
a as ss 10 ss n %
seizures. shall not be violated; and no caant shall i.w
and particularly describing Tue place TO be searched and
the persons things to be seized. II Of tho
il gave the President power 10 arrest; "a power" says
Judge Tucker which was presumed did not exist either
IN the executive Of the State or Of the federal government"
Would better be, to have Indictment sub
grand jury for the circuit OF Geo
sia and. found by them authenticated copies
Of to be furnished to the several mashals and collectors
make his appearance anywhere within the Unied States
him be arrested according law, with special
tuition Of the United States aud the ssd section Of The judi
clay act, which points out the mode of arres,f
There is nothing in this suggestion which denies to the
President the power OF issuing his proclamation against
offender who has been regularly arrested, and has
that the probable cause has been furnished oath
affirmation according to the amendment of the oonsi%-
ton and of has been duly issued,
and has had its efectj although, even in this case, he
of the President put forth his proclamation e en-
take thar the laws be faithfully executed" there be-
ing statutory provision 10 authorize such proc
| .hall nwai, your instructions on this subject;
And have the honor TO be, &c, -, ,,,nr
To the President UNirrD STATES
The provisions OF the constitution which we have
quoted clear aud explicit, and the opinion Of DR.
Writ is pertinent, and fully sustained BY sound and a&
med principles. But Notwithstanding the provisions
the constitution and the well-established principles M
forth by Mr. Writ our naval officers in the Gull, aoiag
under orders from Washington, bockaded Round Island
as il il had been occupied by enemys force; and they
announced their intention to fulfil their instructions
sezing all vessels with provisions destined Tor
Round Island TO sink capture the vessels Of those
the island, il they permitted to leave New Orleans
and 10 force the assemblage to leave the island and dis
perse. Thus in time Of profound peace collection
OF American citzens-without particle OF legal evi
dence that they had committed intended 10 commit any
offence against the laws Of the United States-whout
probable cause. supported by oath rafirmaton-whO't
civil process issued from any court, and upon 4
suspicion created by private information alOn.
which has been withheld from the public-fouH
themselves surrounded by naval armament ready
seize upon their property. to sink capture their vsr
sells, and 10 force them dispense They said, we d.
ciaim any intention such Is imbodisd the proam'
tion of he President" We are body Of men uasnlut
ed unarmed, and unwilling 10 do aught that ropd
any manner oompromise citizenship liberty" Thss
proiesaiions were unavaIins The administration. ACT
ing upon legal evidence but upon secret information
chose TO suspect them OF criminal Intentions and then
usurped the powers OF civil tribunal and in effect de-
clared war against them by cutting of their provisions
Selling their vessels, and forcing them at the cannOn
mouth to dispense
Not content with this violent outrage on the rights
citizens, the administration jusihes iis conduct BY
plea which is insulting TO the good Of the people
The law Of April 90. 1915 provides
THAT II any person SHALL within the territory jut
dicton Of the United States bsga set FOOT or provo
or prepare the for, any military expedition or 60
terphse be carried from thence against the TERROR
or dominions Of any foreign prince or state, OF OF
eoorv district or people, with whom the United States
Mt peace every person offending shall be dsemed g
ar bIgb mi.je ncanor, and shall be fined exceedR
,b,,c thousand dollars, and imprisoned no, than h