The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-24

- 49,. = M 8Wt ..s18
bos~d 10 b orssd for 0is psYos, b ne poapsssmsw. Y
rsf "a, " as5Msp ds save "tAs psbHe saas0,
n cAses Of rebellion end invssioa" And q d e
oo~st~fic~ds dssy y AZ government 10 skablisA a. masv
oesTs a. ~as b sscess~y. (as water hss sru& -
~sWb~) and TO adopt GU oAr measures wscsssvy
and proper for bringing &c ~esns Of laaussos w;sA6.
ne roach q epny psrso~ wAo q rsssraiasd Of ~ k5~y
IN vtelatie~ q he priscipes Of ne constitutions
We have thus far lin this ohapter placed this qusssa
upoa me ground that those hold in slavery are osuse
tutoaaly part II The people OF tho United Statss
and parties to the constitution But although this ground
cannot DO shaken, It's mot necessary to bs maintained
in order 70 maintain the duty Of Congress V provide
courts, and al other necessary for their bsra-
ton
HABEAs CORPUS A CONSTITUTIONAL PRM0RLx.
Tho constitution. by providing for the writ Of habsas
corpus without making any Discrimination - to tho per-
sons entitled to IT, has virtually declared and thus estab
Asd constitutional principle that In this country,
there be property In mani for the writ Of habea
corpus, - has before been shown necessarily involves
denial Of the right Of property IN By declaring
tia, the privilege Of this writ "sha not be suspsndsd
unless when, h Of rebellion invasion the public
safety may require ~ the constitution has imposed upsa
Congress the duty Of providing courts and need 10
other aids, for the Issuing OF this writ in behalf q all hu
man beings within the United States who msy be 70
atrained claim q being property Congress b
bound BY the constitution 10 aid II need b. foreigner
slicu enemy oven, who may be restrained pro-
perry And the people Of any Of the civilized nations
70 bs seized slaves their arrival In this
country, all imagine what an abundance OF con.
stutiona power would be found and put FORTH too for
their Liberation.
Without this power the nation could not sustain it posi-
ton Of the family Of civilized nations could not
fulfil the law Of nations, and would therefore, b liable
10 be ouawed Of the conduct Of the States
For example: the States can make slaves OF anybody
they certainly make slaves Of foreigners AndK they
mskeEsaves Of foreigners they violate the law Of
nations because to make slaves Of foreigners to violate
the law Of nations Now the general government ia the
only government known to other nations and if the
Staca can make slAvea OF foreigners and there
power tho general government to iberate them any
one OF the States could involve the whole nation in the
sponsbiiy of having violated the Law Of nations and the
nation would have OF relieving itself from that
responsibility by Hberating the persons ensaved; but
would have meet and conquer or die in, war brought
upon il by the criminaity Of the State.
HABEAs CORPUS LIBERATEs MEN PgON SLAVERY.
This slstration u sufficient to provs that tie po,os Of tie
0cmeral government to berate men from slavery, By TIE Of
the ~ri Of habeas corpus Of Tie owp,ea character; that 1t
In not confined to the Of those who part Of he
people Of the United States parties the consi
tuition; that Is limikd only by ts territory Of s country
and that Il eris utterly iye:paiw Of "aRhisg in e
aisHtiow or lasw Of any State"
This power which bound to be exerted for the liberia
ton Of foreigners bound To be exerted also for the be
ration Of persons born tho SOIL though could be
proved (Which canno that they not legally parties
to the constitution The simple fact Of their being
parties TO the constitution III That fact were proved)
would no moro alter the power duty Of Congress IN
aon securing them the privilege Of the writ Of haseas
corpus than the same fact does in the Of foregne
who confessedy not parties to the constitution;
less, indeed their coming into the country under the
guarantee afforded by tho habeas corpus clause Of
the constitution makes them, far parties to IT, But
this clause could operate guarantee Of liberty TO TO-
reigners unless guaranteed liberty az born on the
soil for, there being distinction Of persons made It
certainly could not be claimed that guaranteed greater
privileges 10 foreigners than to the least apedef those
born the soil. So that will still result that unless
the constitution Ia may be executed by the general
government aione guarantees personal liberty to al born
in the country does mot guarantee TO foreigners COM
ing into the country and do mot guarazAee to To-
reign6rs coming into the country any single Saas by
shaving foreigners, involve the whole nation in death
struggle in support Of such slavery.
u ese opinions are cosrea Is I've Constitutional duly At
Congress to cstabsh courts q need Be, in every county ssd
Township eve mhers there sIaues 10 Be liberated Pro-
vide attorneys bring Es before the courts AND 10
KEEP A STANDING MILITARY FORCE, IF NEED BE
10 SUSTAIN TIE PROCEEDINGS .-.+.
In addition to the Of the habeas corpus, Congress
has power 10 prohibit the slave trade between The States
which, Of ITSELF would do much towards aboshing slave
~ In the Northern slaveholding States. THEY HAVE
POWER ALSO TO ORGANISE, ARM, AND DISCIPLINE
THE SLAVES AS MILITIA, THUS ENABLING THEM 10
AID IN OBTAINING AND SECURING THEIR OWN
LIBERTY.
not necessary, some imagine, for Congress y
enact law making slavery illegal. Congress mas NJ
such power Such power would imply that slavery
now legal Whereas s now much illegal q pos
sble TO be made by all tho legislation in the world. Con-
gress, assuming that slavery B illegal csnstitutonaily
bound to provide all necessary means for having that
principle maintained in practice
~ Part First, chap. viii, p. le1, ID ed.