Daily national Democrat., 1861-09-17
Daniel s. Dickinson on Suspending the
Writ of Habeas Corpus.

/
The haheas corpUs--a hard kind IF name
for writ, tut one which lawyer or
| Dutchnan iAd= lllle difficulty in pronounc-
ing-it is said that the hnheas corpus has
! been suspended aud abused Well, / think
il is because some have written so much
ahout it. lille they know so little 1t sim
ply means to have his body. A prisoner
is alleged to be improperly imprisoned; and.
IN order that the case may inquired into,
IA petition is presented to a Judge. and then
the Judge allows The wit. and the prisoner
is brought up. aud the person who holds him
| is bound 20 make to make the return Ii the
| prisoner is illegally Detained the Judge or
! irrs hin to lie dl, ch 'rged ii rightly i'm
! prisoned, he reuands him That Is all there
is a. out il. It, is simply civil writ Bur
there is an old maxim. ns old as Julias Cesar
would have been had he lived inter drma
| silent tegeS that t. the laws are siitut in the
midst Ol arms. Here is tho case: An indi
vdual is Imprisoned here; some fend gets
II habeas corpus, and he is rought up and
the case impaired into And whoever inter-
| terrs with or ol,-lrurts that writ is guilty Of
great moral and legal wrong, and iucnrs
heavy penalty. In time of war it is ia differ.
rnt matter Here it Is found that II man is
liking to blow up fortress, or hetry an
army to the enemy. The officer in contnrnd
| has him arrested and sends him to II fort with
| orders hat he be strongly guarded. because
he is known to he traitor and in the c"uli-
Irnce of traitors aud enemies a lawyer sues
out II writ Of habeas corpus. Bat what is
| the result? 1t clnnCt be eerN ed aud the pri,
,oner cannot be ptucured-lhev cannot see
hun unless til" Judges t. 'ngur is longer than
the soldiers bnyonet Would any "ue, it he
| can az "
Nclirnry. or HnyW here else, where he Wa,
surrounded wi Ii treason aud traitors at every
-lep-would he btcouse Judgr seat IA writ
of hahpa@ corpus, give up traitor who was
rndtngrring the safety of his comm ,nd aud
The interests of the country? ries OF
| "Never!
No n,n can pretend it far single moment,
it is Que ot the terrible necessities of war.
! Aud if | were in command and had good
reasons to believe that | had pos,e-sion Of
| traitor, and ho other remedy would arrest
henchrry, | would suspend the writ aDd tile
tmdlrid"al toe Cheers. and cries of "Good'
That goes right to the spot, That is sound
" That is such Democracy rs like to see 80
There is no other here Cen. Jaeksou had
The hearts of the American people more than
any man OF modern times Aud why ? Be
cause he met great necessities like "A uan. He
did not 90 in times of stirring necessity, to
demonstrate problems from GINs|y : Frecclent+,
hut when man wanted hanging he hung
him fist and looked up the ! w ailerward.
Laughter. There are Times and uccasiuu,
when this Is the only way to do IL dealing
ilh treason. The CIVIL law nllor IS no ade-
quate remedy While you are discussing The
que.,iou the country may be ruined, the
capital in flames. the archives destroyed -
b,.n =
see it any one has incurred penalty tor sQs-
pending the writ of haheas corpus.
The SPLIT IN THE DLMoCHATIC PARTY The
Mountain democrat. since the election, ac-
lunlIy calls gohu Conness "Mr Couness! r. 1t
also speaks With regret Of "insnne divisions"
which placed Gen Mcdowell and Cen Beau
regard against each other ai Manassas aud
caused "Mr. Cotness" and Johu X cCuuucll
10 run on separate ticke,s in this State il
Dan Gelssicks and Forbes can agree upon IL
basis for "unIing the two wiugs,' We will
see what We thiul. about it AatiSnal Demo.
cFGk.
To show that we are not mean, We vii
qucte from the words of The hate senator
Dougns and from one Of his most Games
opponents ia the recent presidential cruvu-s.
>eulim"nts which we are willing - take for
hc basis of joint action with all Amrl lean
citizens. We quote first from Judge Doug
las:
IL know Of no mode by which loyal ciji.
Z n % aY So well demonstrate hiS devuiion to
MS country as hy sustaining the Flag, the
Constitution and the Union, under all rircum-
stances, aud under every Administration, re-
g'rdless Of party politics, against all as-Ail-
ants, at home or abroad.
Ii a.
a~ceudency OF our party We should never tor
get that man can not he true Democrat
ouless he is loyal patriot"
Then from the lecture Of Hon. Daniel S
Observation-Disclosures the rrbeIs:
"You desire peace Then lay down your
arms and Ncu will have it. 1t WAS pracr
when you took them Up, it will he pence
when you la, them down. 1t will be peace
when you ahnniun the war and return O
your accustomed pursuits IIouarhle, en-
iunug, plciUc relations wiz Ire found in
complete obedience to the provisions of tbr
Couslituiou not in its ,iolaDiou or dcstruc-
zion I. government is SUSTAINED ~ the
people not for the purpose of coercing States
~ their domestic policy, nor for the puri .o,e
Of crushing memhers oi the OonfrdrIncy hr-
cause they fail TO eonturm TO Federal stand
-
any degree interfering with the system OF
>outhcru -crvitude; tut Tor The sole and on.y
purpose of putting down unhtly and armed
rete,lion " hch hns drtitd the authority Of
the Government. and seeks its destruction,
and IN thi- their dptr minhtion is taken with
Il rrsoutiun, compared with which the edict>
of the Medrs aud peIsiuns were yielding aud
Temporary"
Gorhatn, what do you "think about it -
Sierra UcmocyGt
Weconcur But you and we are naneht
with he Bo;ts-Eolinson wing" We must
now wait to hear from some editor who is in
favor Of the suljusotjon Of the Nation, 10y
southern traitors being "let alone.
HIGHWAY RobBEGY-Thp gentlemen Of the
road appear to have made Grass Valley their
headquarters From the Nalional we learn
that Mr. r c Ald-rman miIkman, while
driving lei,ure!y home few evenings ago,
and when some twenty rods hev6nd the
Brighton House, was stopped hy two men,
in di-{uise one Of whom seized his horse 10y
the head. while the other pllred the muzltr
of II pistol close to his person. Not a word
was spoken I'LL MIR. Alderman suggested That
they were after his purse. The grntlem' m'n of
hr pistol nodded assent, whereupon Mr.. A.
handed over $22 So all the money he had
about him, aud was permitted to drive on
This, says the National is the third ron-
berry that has been committed within few
rods OF the same spot within few Inot tbs
past