M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-02-20
Keep il before The People!
WASHINGTON SPEAK S
FROM HIS GRdTE!

On he UdGeaS C0lpNS, he said in
his orders to the Army, to every Of
licer ard soldier Of the United States
Army, when going out to suppress a
rebellion .~
"ThOt every officer and soldier will con.
stantly bear in mind that he comes 10 sup.
Por! The laws, and that it would be pecuii-
.arly uubecomiug in him 10 be. in any way.
the inirattot uI them; lha: the essential
principles of free government confne the
province ol the military. when called forth
on such occasions. 10 Two objects first, to
rombat and sublue all who may be found
in ansin opposition to the national will
aud authority; secondly, to oiil and support
the civil magistrates in bringing on, nders
TO justice. The diSpensaIion ofihis Justice
belongs TO the civil magistrates; and let il
ever b" our prde aud our glory 10 leave tne
sacred deposit there invioiaip. .'-IrUtR0's
Life Of Washington, rot 5, en-. 90.
Mr.. JelTrrsdn IN l7S7, objected to III
Constitution lhu, itomiiied to provie' lore
the eternal and acmitilig force ofthc la
bcaS corpus laws" In l7sS he advised tina,
iour 5 ates should refuse to ratify tlr- Gun
sii;utio unti declaration OF rights had
been snnrXed to IL. ASSERTING, um0ng uher
things that there should be no Suspension
OF lhs haheas corpus;' and IN 1907. u, The
period uI Burrs conspiracy. he neither as-
slimed to exercise the pow erhimseIi. nor did
he ask or odvise Congress to do 50. On The
CONTRARY, III his message 10 Congress he
said
"lt viii be seen that Of three of the prin.
clpal emissaries Of Mr. Pur> r>whom the zen
erui had caused TO bp apprhpndcd, one had
hreA liberated by HABEAs CORPUS, and the
Two Others, beAg those particularly employ
.ed in the endeavor to CorruIalhe general and
Army of the United States, have been EN-.
burked by him tor our ports in the Atlantic
States; probably on The consideration that
an impartial Trial could not he exuected dur
my the pre- ent agitation Uf New Orleans, and
ti'St thai city wasnot. us yet. d sale place of
confinement. As soon as these persons snail
arrive, they will be delivered TO the custody
o! the law. and left 10 such course of trial,
oothas to place aud process, as lis functiono
ries may directn I '-- 81
In 1907 when Mr. Jeffsrson submitted to
congress certain documents relating to the
alleged conspiracy Tor a. disme elnberinemt oI
the Unlon, The Senate took The alarm. and
with entire ununimity, passetla bill suspend.
lnS the privilege for three months; il was
defeated in the House Of Representatives
rejected on it's first reading by a n overwhelm
ing majority.
In the same year, in discussing the uues.
ton arising on an application by Boliman &
Swartwont. for writ of Hubeas rO-rus, "a
Inquire into the circumstances Of their con
finement after commi tineni by the district
court to which they had been surrendered by
Mr.. Jefferson, Chief Justice Marshall says;
III at any time the public safety should
require the suspension OF the powers granted
by this act in the courts ofihe United States,
it would be Tor the Legislature to say so."
Mr. Justice Story, in his Commentaries
section 1856. saws:
at would seem. as the power is given to
Congress 10 suspend the wit of HaJeas cor.
puS in cases of rebellion or Invasion, that the
right to judge whether that eygency had
arisen, must exclusively belong TO that body.
Now. look at the acts Of Mr.. LIN
COLIN: 1000 American citizens are
imprisoned upon suspicion in Fort
Warren, near Boston; who cannot be
informed Of the charges against them:
who are denied the benefit of the M.
beas corpus, and who cannot have a
trial by Jury of their country. as
the Constitution guarantees, in these
words
The Constitution Of the United States pro,
vides that
"The right of the people 10 be secure in
their persons, houses, pspers, and effects
against unreasonable searches and seizures
shall not be yiolsted; and no warrant shall
issue but upon probable cause. supported bv
oath or affirmation. Article a Amend
menks.
mo person shall be held 10 answer for a
capital or otherwise infamous crime unless
on presentment or indictment of a grand
iury. tnor he denrved
Of life. liberty, or property Without due pro.
cess Of law Article 5. Amcndmonts. 3
'.ln alb criminal prosecutions, the accused
shall enjoy ihsfight to aspeedy and public