The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1861-09-04

1t. w hen my DemocTatle or hepuDIlcan
friends, cor any other man" are disposed
to call the President to account, and [ am
not his defender, merely beg, when
they get through with him, they will
merely inquire whether Mr. Jefferson Da-
Sis l. Co. have gone strictly according to
the Constitution Of the United States
/ have the impression that instituting a
pretended government within the bounda-
ries Of the United States; that stealing
the treasures Of our Government,its ships;
betraying its commands; firing upon its
Notifications /; organizing piracy upon the
high seas, and long list OF other and
kindred acts-I have The impression, |
cay, that these are slight infringements
upon the Constitution, and may require
examination. But | want to have my
Constitution friends come along with me,
and when they get the Administration all
regulated and on the constitutional track,
to look IT this matter little; for it seems
to me that it requires attention. know
rot whether Mr. Lincoln has observed
the Constitution; indeed, for all the pur-
poses of resisting the rebellion, care not
1t is due to him to say, however, that he
has seemed to be in good faith attempt
ing TO pat down the rebellion. He has
not done all things as | would have done
them, because | would have multiplied
his men by about four, and where he has
struck one blow | would have struck a
dozen. Therefore [ do not agree with
him in that respect When the day comes
we can have a settlement with him. for
he is to be held with all other officers to
O strict account But | would not do
even that under the smoke of an enemys
guns Let us see first, that the rebel
lion is put down. And when that Is done,
/ am ready to see bow it has been done.
| do not propose to yield this Union or
any part of it to the so,called Confederate
Government that has been made up in
the Southern States. 1t is no govern
ment, and there is nothing in the shape
of government under it, over ii, in it,
or around it, diagonally, horizontally, or
perpendicularly. Like boys training, it
is all officers. 1t is made up thus: you
shall be President of the Congress, aud /
will be President of the Confederacy you
shall be Minister Of Foreign affairs, and
I will be Secretary of the Treasury
Doubtless, very we'll satisfactory enough.
If they had kept it to themselves no one
would have objected to their strutting in
their stolen plumage. But it is time for
the people of the United States to put
their hand upon it in earnest, and to
maintain the Government Of the Cousti-
tuition. The habeus eorpus-a hard kind
of name for a writ, but one which law
yer or a Dutchman finds little difficulty
in pronnuncing-it is said that the habe-
u, corpus has been suspended and abused.
Well, | think it is because some have
written so much aboutit. while they knew
go little. 1t simply means to have the
body. \ prisoner is alleged to be i'm
properly imprisoned and, in order that
the case may be inquired into, petition
Is presented to a Judge, and then the
Judge allows the writ, aud the prisoner
is brought up. and the person who holds
him is bound to make return If the
prisoner is illegally detained, the Judge
orders him to be discharged; if rightfully
imprisoned, he remands him. That i
all there is about it. 1t is simply civil
writ. But there is an old maxim, a: -
as Julius Caesar would have been lad
lived, inter drnaa silent legeS, that is, ~
laws are silent in the midst of arms. Here
is the question An individual is imprs
oned here some friend gets a habeus cor.
pus, and he is brought up, and the case
is inquired into. And whoever interfares
with, or obstructs that writ, is guilty Of
great moral and legal wrong, ard incurs
a heavy penalty. la time of war it is 6
different matter. Here it is found that {
man is fixing to blow up fortress, or be
tray an army to the enemy. The Ufticel
in command has him arrested, and send;
him to fort, with orders that lie be
strongly guarded, because he is known tC
be a traitor, and in the confidence of trai
tors and enemies. A lawyer sues out {
writ of habeus corpus. But what is the
result? 1t cannot be served and the
prisoner cannot be procured-they can
not see him unless the judges tongue is
longer than the soldiers bayonet. Would
any one if lie was commanding at Fortress
Monroe, Fort Nc Henry, or anywhere else
where be was surrounded with treason
and traitors at every step, would he, be-
cause a Judge sent writ Of habeus cor
pus give up traitor who was endanger
ing the safety of his command and the
interests of the country? No man can
pretend it for single moment, it is one
of the terrible necessities of war. And
if [ were in command and bad good rea.
son to believe that | had possession of a
traitor, and no other remedy would arrest
treachery. I would SUSPEND the writ and