The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-11

away tho great charter. We told the
eminent historian Macauay that Charles H. sought To
repeal the habeas corpus act for that he hated only
tyrants can hate whatever stands between them ard
thetr own despoc wills. And this habeas corpus aot
was the most stringent curb ever imposed by Legs
latufe on tyranny. When William and Mary came to
me throne 'hoy declared that tho Crown did not possess
mo power OF suspendng the writ of habcag corpus
rom That hour TO this, one hundred years before tho
adoption Of the constitution OF the United states England
hia no monarch during all her foreign and intestine
troubles, waywari and wicked enough though some Of
them Wore, who dared suspend the writ of baboas cor
pas or who ever claimed tha toy had the power To i'm
prison citizen without duo process Of law An history
TO which have had access confirms this view Of tho
case Hume and Macauay claim this right as tho prn-
cpal IN the great stuntrc The EDglish cnns ttiop
But here according this novel theory Of government
the President may suspend tho tuition and the laws
Of The United States mado undor ii Ue NAV III II ~
claimed, 90 al this, supersode them all disrogarGing
The limitation enojned for tho exercise o his prorosa-
ves. He may sh all the laws OF tho land and sub
siii1te IN their place his own will Jie may abolish tho
whole system government built u ami boancathed To
us by revolutionary fathers and he may bnd m cr
may do, IL Is claimed riglIy lcgitmatey an without
interference hold this assumed position il ,nenablo
and ndeicnsbie that there no warrant FOR Il - The
cohsttuton,or IN the principles which The theory
ol our government, nor in The genius Of tho Amoricsn
people nor the spirit Of liberty which IN Lho bo.st or
our institutions. Such proposition will destroy tie
law, as II is utterly inconsistent with the law. II Win
reduce this nation, II deliberately adopted
he theory Of government, to the condition Of slavery
and say that any nation that will willingly adopt
lost TO all manly indie epenlenre lost ap
precation Of It's dignity and national rights and for
them the yoke OF tho slave the only Citing emblem We
are told in defence this theory that woud exist
only in cases Of rebellion against the government. We
are also told that il not intended that tho c,nsttu
on Of the United Staos should be operative in times Of
civil Our fathers hoped that civil war ngl,t never
beall US, but they knew human nature well to cx-
pect that should for ever enjoy profound repose
They had freed themselves from tho yoke OF oppres
sion, they bad successfully Conquered enemies with
cut and tories Within and then they formed
constitutional government, recognizing in them that
honesty and good which marks tho patriot lsit
to be supposed that they would adopt constitutional
government. to be operative ony in time Of peace, and
that that constitution should be suppressed whenever
discord would present opportunity TO set IL
aside and substitute for tho viii Of military poaer2 The
constitution gives to tho several departments oi the 60
all the power ever intended to used FOR any
purpose. II the laws Of the United States too
lenient they may be made more stringent II Judges
chinery OF government be revised and improved il you
viii but whoever goes beyond that support the govern
ment would destroy the mlsr pretenccof
preserving thcm The government has right brc1k
down the constitution 10 uphold itself II in
tended for moment that the constitution Ter gny cir
cumstante should be superseded Tho Presilcnt holds
Office under the constitution, you sit there under tho
Judges sit and pass Judgment in OF the provisions
OF that alone and if you sunersede it neither
you the Judges. the President himself poaecss
any power than the humblest man in the land Su-
sedo tho copstilulion You might wen try re-
peal al laws for the guidance of society and let the
ton go adrift to ruin The only way preserve
the government to preserve the constitution TO OBJ
its limitation and TO obey its prohibitions When
The constitution falls, then indeed the government
falls This is not the way 10 preserve governments.
AmbtOn makes own ana under TINS Sye-
tenn of supersedng the constitution in times public
calamity, the public mind will become degraded tho
people every fresh occasion for the exercise Of this
power will yield still little those
till the public will will be dsroycd the pubic intellect
warped the national character tansed and the national
life Of liberty and Independence overthrown They will
become the paythng of every tyrant and each success
sve invasion Of their rights win be amely submitted to
until all appreciation Of Independence and rights and
freedom il forever lost. II s vain 10 say that this
is an idle drean,--ths realization OF the fact
before six months ago, whom the habeas
corpus act was first suspended in tho or
Merrman who was held charge Of treason, tho
public mind was intensely excited. Now what is the
acn Citizens committed and Imprisoned because in
tho public newspapers they dare rtcsc the acts Of the
government Newspapers have been suspended, and the
whole power OF the government despoticaly exercised
without public We told also that wien
this public danger shall have passed away the consttu
ton will be restored TO It's rrestne vgor and people VIII
be allowed TO resume thejr accustomed liberty Whoq
this sos When were the AIDED anu restricted
rights Of rccplo ever restored 70 their exact position
except by tho sword? Whom was liberty cace surren-
render Of their rights nation resumed them only
through tho agones Of revolution and you cannot make
sensible OF righa that in time of aargcr possesses
10 rights You canLo increase and Strengthen yirtne
and courage and patience in people by teaching tn IN
that in times OF geat peAc calamity aud danger to the
State they must rely their safety, not their own
virtue and courage and constancy but on the owcr and
good will Of thor rulers No free nation ought listen
FOR moment the arguments of State necessity, ghe
history Of those peopc who havo been SO tecoiyet ia
written in the wreck OF free institutions. II ismarked with
wrongs with high hopes destroyed and noble aspirations
OF esoation thus exposed view wo RAY easily nngao
that we see the spirit of American Independence and
freedom lowering over day tcarfully pray
ing il too may not be added the org iist Of victims
inundated on the altar OF State necessity. This argu-
ent Of State necessity always proceeds from tho Execu
tive power II s the which issues from the throne
itsel and unless speedily answered, unless answered
now ere long the mandate TO surrender to mill
tary power An imperial throne rises on the ruins OF
overthrown republic oahs are violated liberties swept
away rights trampled on, and nation is prostratod
The This Is but the familiar picture which presents
the dire effect people submitting TO the plea OF State
necessity We further told that in times Of greet pub
lie danger the people ought sustain the hands Of their
rulers by coniidng in their integrity Of motives 6nd
dsinerestedpess OF action. Yes sir would sustain
them with the public confidence while they adhered To
the proysionsand principles OF the constitutions but
cornmenc ed the work Of usurpaton II was Demosthe
nes in his divine phipic who told the Athenans that
the urcst defence Of free people against tyrants was
dierust The Athenjaus did not heed his warning and
from that hour 10 this (rcciap ndepepdenco and Gree
lbcrty have been but n name. William. Prince Of
range wisely taught the same lesson 10 tho itch whom
PbIip Of Spain asked their confidence IN his
nistraton and thoy wisely needed the leg.
son and the immortal glOrss which clustered
for two hundred years around the Dutch
republic cstfes to the truihfuiness OF the axiom r.
sir speak not behalf OF the astsuprght and
honest men as they are, and unusy deprived OF their
liberty AZ know them to bel speak in behalf Of the
constitution speak in behalf Of the liberties OF tho
fiou I behalf of nv I speak n