The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1861-07-19


ssCourl OF Kings Bench OF Common Pleas, who
s.shall determine whether the cause of his COM
ssmitment be Just, and hereupon to do as TO JUS
'iice shall appertan.
ssTo bereaye man OF life, or by violence to
"confscate bis estate without accusation or tri-
ssaI would be SO gross and notorious an act OF
"despotism as must at once convey the alarm of
"tyFanny throughout the whole Kingdom, bat
confinement OF The person by secretly hurry
sing him 10 jail where his suferings are un-
''known or forgotten is less public, less stri-
'sking and therefore a more dangerous engine
'Eot arbitrary government. And yet sometimes,
s.when the State is in real danger, even this
''may De necessary measure. Bat the hqPpi-
'EHess Of oUr olrn Constitution is that 1t Is not
"ieft 10 the Erecafire poWer TO determine tCben
Ftbe Danger Of the State IS so great as to render
''this measure erpedieRt for ii is the Pariia-
''ment only, or Legislative po'cer, that gheneU-
ser 1t sees proper can authorize aae CroWn, By
''susPendtag The Eabeas Corpus .4ct for short
sand limited fimg, 10 impTison suspected per-
''sons pittout giving any reason for so doing"
- Commentaries on the LaDs Of England, VoL
/. pp lS5 -l36.
Chief Justice MARSHALL, in the case OF Boil
man, 8 Cranch, 100, says {" If at any tlme
! the publc safety should require the suspen-
''son Of the power vested by this acl Obe pow
ser TO grant wrts of habeas corpuslin The Courts
| "of The United States, ii Is for tie Legislature
'sfo sag So That question depends on political
| considerations on which the Legislature IS to
@decde, Until the Legislative will be express
'ed, This Court can only see its duty aud must
| ':o5eg The Iat0s" This was IN a case OF Trea-
son.
Judge Story in bis Commeataries on the Con-
sttt2ttoa, sec. 1886, says g Il would seem as
''the power is granted to Congress to suspend
''the writ Of ha5eas corpus in case Of rebellion
cor invasion, that the right 10 Judge whether
''the exigencY had arisen must exclusively be-
| 'ti0Ug 10 that body"
Inl807, when great alarm existed as 10 Burr's
conspiracy, bill was brought before the Sen
ate 10 secret session to suspend the writ of ha-
beaS corpus. When brought in the House of
Representatives, that body refused to consider
/. II in secret session, and by vote Of ll3 to 10
rejected the bill on ITS first readiEg. On
that occasion MIR. Dana Of Connecticut used the
following language g This bill authorizes tie
"arrest Of persons not merely by the President
''or other high officers, but by any person act
sing under bim / imagine tbs TO be whoIiy
"ClthoUt precedeat If treason was marching
"fo force US from our seats, would not agree
''thus 10 destroy the fundamental principles Of
'the Constitution, or commit sucb an act either
"of desqofism or passilianimity."
Again we might refer to the seizure Of pri-
yate dispatches in Northern telegraph offices,
by the direction OF the Secretary of War, which
the President does not even attempt TO excuse,
and as a suitable sequel to which, the right OF
petition has been denied in the very metropolis
OF the North. But we viii conine ourselves
to the Message, for the present, and ask the at
teHt'on of tho rasr.~t;e, C..:~., Iv-:-. =,
for moment, to very important feature OF
the policy loreshadowed 10 that document Mr..
Lincoln, IN his roundabout. circumocuionary
discussion OF the right Of Secession, tells as that
'fhe Union is older than any of The States, and
| in fact, that it created them as States" Every
school-boy knows that this Is not true Histo-
| ry tells Us that the States formed the Union -
( that as soon as the Colonies became independ-
ent Of Great Britain, they became sovereign and
independent States-that as States thev formed
a Confederation, as States they repealed The Ar
tlcles OF Confederation, and as the people OF the
/ several States, they adopted the present Consti-
tuition, the several States ratIying il separately.
! Mr. Lincoln also asserts that g the States have
neither more nor less power than that reserved
to them in the Union by the Constitution. p
The Constitution does not define, or describe
the powers Of the States. 1t does, however.
define, describe and hmt the powers Of the
/ Federal Government, at the same time asserting
that all powers not expressly granted 10 it 10
The Federal Government, are reserved 10 The
States. The fact IS that the President is a Fed
eFallst, Consultations, and he could not
iorego an opportunity OF leveIing a blow at the
Democratic theory Of our Government The
agent Of the people in the white House. chosen
by Electors appointed within certain State
lines, be would blot out Of existence the very
TACT from which he derives his authority. II Il
had not been for State lines Mr.. Lincoln would
not this day be President of the United States
Iflt had not been for State lines, Washington
City would not have been protected in the hour
OF It's peril, BY Massachusetts, New York and
Pennsylvania bayones. II it were not for
State lines, there would be anarchy in The
North and worse than anarchy II the great cit
] les Of the East
" warn the people, therefore, to BE- vgilant
OF their rights. DistTust everything that is
done by public officers in violation OF law and
OF the Constitution. Discard every thought
mat visits your mind in apology for the assunp-
ton OF power on the part of your servants in
office Guald continually against encroach-