Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-12-25

oil ~. Ills successor llleu hll UlthHS hnu
every kind of scheme to retain this arbi-
trary power, which was at last swept away
, forever by the great charter. We are told
by the emirent historian, Macaulay, that
Charles III sought to repeal the hdbeds
> corpus act, for that he hated it as only ty-
= rants can hate whatever stands between
them and their own despotic wills. And
this habeaS corpus act was the most string
ent curb ever imposed by legislature on
tyranny. When William and Mary came
to the throne they declared that the crown
did not possess the power of suspending
the writ of habeaS corpus, and from that
hour 10 this, one hundred ears before the
adoption of the Constitution of the United
States, England had no monarch during
all her foreign wars and intestine troubles
wayward and wicked enough, though some
of them were, who dared to suspend the
writ of habeaS corpus, or whoever claimed
that they had power to inIprison a citizen
without due process of law. All history Of
which have access confirms this view to
the case-Hume and Macaulay claim this
right as the principle in the great struc-
ture Of the English constitution. But
here, according TO the novel theory of
Government, the President may suspend
the Constitution and the laws OF the Uni.
ted States made under it. He NAV, as il
is claimed, do all this, supersede them all,
disregarding the limitation enjoined for
the exercisesof his perogatiyes. He may
abolish all the laws of the land and sub
stitute in their place his oNn will. lie
may abolish the whole system Of govern.
msnt built up and bequeathed to us by our
revolutionary fathers, and he may build up
for himself new and entirely different
system. All this he may do il is claimed,
rightfully legtimately, and without inter.
ference hold this assumed position is
untenable and indefensble; that there is
no warrant for it in the Constitution, or
IN the principles which underlie the
theory OF our government, ncr in the ge-
MUS OF the American people, nor in the
spirit of liberty which is the boast of our
Institutions. Such proposition will des.
troy the law. 1t will reduce this nation,
if deliberately adopted to the theory of
government 10 the condition Of slavery,
and | say that any nation that will will
linCly adopt it is lost to all sense of monly
independence, is lost TO the appreciation
tf its own dignity and national rights and
for them the yoke of the slave is the only
fitting emblem.
| We are told, in defence OF this theory.
that it would not exist only in cases of
rebellion against the Government. We
are also told that it was not intended that
the Constitution of the United States
shoald not be operative i'll times of civil
war. Our fathers hoped that civil war
might never befaIl US, but they knew hu-
man nature too well to expect that we
should forever enjoy profound repose.-
| They had freed themselves from the yoke
of oppression. they had successfully con-
quered enemies without and tories within,
and then they formed a constitutional
government, recognizing in them that hon.
esty ana good sense which marks the pa
triot. lsit be supposed that they would
adopt constitutional Cover nnent only in
time OF peace, and that that Constitution
should be superseded whenever discord OF
var would present an opportunity to set
it aside and substitute for it the will of
military power? The Constitution gives
to the several departments of the Govern
ment all the power ever intended to be us
ed f)r any purpose. Ii the laws of the T,
United States are too lenient, they may be !,
mace more stringent. If judges are i'm
beetle, let them be impeached. Let the |,
whole machinery Of government be revis-
ed and improved, ifyou will but whoever
goes beyond that to support the govern
ment, would destroy the Constitution un-
der the pretence of preserving them. The |
government has no right to break down
the Constitution 10 uphold itself. 1t nev>
er was intended for a moment that the |
Constitution under any circumstances
should be superseded. The President
holds office under the Constitution, you
sit there under it, the judges sit and
pass judgment in virtue of the provisions |
of that instrument alone, and if you SUI
persede 1t, neither you, nor the judges nor
the President himself, possesses any more
power than the humblest man in the land. !
Supcrsede the Constitution ! You might |
as well try to repeal all the laws for the T
guidance of society, and let the nation 90 |
adrift to ruin at once. The only way to
preserve the government is to preserve the |
Constitution, to observe its limitation and /
to obey its prohibitions. Whea the Con-
st;tution falls, then indeed the Govern
ment falls. This is not tho way 10 pre-.
serve Governments. Ambition makes its
own opportunity, and under this system
OF superseding the Constitution in times
of public calamity, the public mind will
become degraded, the people on every
fresh occasion for the exercise orthis pow.
er will yield still little moreeo these en-.
croachments, till the public will will be
destroyed, the public intellect warped, the
national character tarnshed, aud the ma.
tonal life OF liberty and independence
cverthrown. They will become the play
thing Of every tyrant. and each success ,ive
invasion Of their rights and freedom is
forever lost. 1t is in vain to say that this
is an idle dream-the realization of the
fact is before us. Six months ago, when
the habeas corpus act was frat suspended 10
the case Of Merriman, who was held on q
charge of treason, the public mind was in
tensely excited. Now what is the fact p
Citizens are committed aud imprisoned
because in the public newspapers they
dare criticise the acts of the Government
Newspapers have been suspended, and the
whOla noWar of tho Gnyarnnnan dasnoti-