M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-03-20
kCepit tefOre lhePcOpIc!
WASHINGTON SP E AK S
FROM us GRd We!

Il ~ " III III 10 " Al Al Il
On The Hdbeds C0,pus, he said in
his orders to the Army, to every Of.
ricer ard soldier of the United States
Army, when going ont to suppress .
rebellion =
"Thst every officer and soldier will con.
stantly bear in mind that he comes 10 sup.
por. The laws, and that it would be pecnli-
arly unbecoming in him TO be, in any way,
the inlractor OF them; tha. the essential
principles Of free government coDfne the
province OF The military, when called forth
on such occasions, 10 two objects first, to
combat and subdue all who may be found
in arms iu opposition TO the national will
and authority; secondly, TO aid and support
the civil magistrates in bringing offenders
to Justice. The dispensaton of this Justice
belongs 10 the civil magistrates; and let it
ever be our pride and our glory 10 leave tue
sacred deposit there inviOlate. ."-Iruing'S
Life Of Washington, vot, 5, ca, 90
Mr.. Jefr.rsln, ia 1897 objected to III
Constitution that it omitted to provide' for
the eternal and unremitting force ofthc ha
beas corpus laws In l7s8 he advised that
four States should refuse TO ratiiy the Con-
stiiuton until declaration Of rights had
been'annexed to il, asserting among other
things thsttheTe should be "no suspension
of the haheas corpus" and in 1907, at the
period OF Burr's conspiracy, he neither as
sumed TO exercise the power himself nor did
he ask or advise Congress to do So. On the
contrary, id his message 10 Congress he
said
at will be seen that Of three OF the prin-
cipal emissaries Of Mi BUR, " hom the gen.
era hal caused 10 be apprehendcd, one had
heen liberated by HABEAs CORPUS, and the
two Others, being those particularly employ
ed in the endeavor to corrupt the general and
Army of the United States, have been EN-.
barkpd by him ior our ports in the Atlantic
States; probably on the consideration that
an impartial trial could not he expected dur
lug the present agitation ofNew Orleans, and
that that city was not as yet, safe place OF
confinement. AS soon as these persons shall
arrive, they will be delivered to the custody
OF the law. and left TO such course OF trial
both as to place and proc ess, as lis fdnctiona'
ries NAV direct"
In 1907, when Mr. Jefferson submitted tC
euBgress certain documents relating TO tht
alleged conspiracy for dismembermemi o.
the Union, the Senate took the alarm. and
with entire unanimity, passeda bill suspend.
ing the privilege for three months; il was
deie ated in the House OF Representatives
reje cIed on its first reading by an overwheln
ing majority.
In the same year, in discussing the ques.
tion arising on al application by BOlman &
Swartwout, for writ Of HubedS cO-THs, 10
inquire into the circumstances Of their con.
finement Bler commitment by the district
court. to which they had been surrendered by
Mr.. Jefferson, Chic Justice Marshall says;
''If at any time the public safety should
require tho suspension OF the powers granted
by this act in the courts Of the United States,
it would be for the Legislature 10 say So"
Mr. Justice Story, in his Commentaries
sectOn ! 336. saws:
alt would seem, as the power is given to
Congress 10 suspend the wit Of HdbeuS cor.
pits in cases OF rebellion or invasion, that the
right to Judge whether that exigency had
aris en-, 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 hG.
beas corpus, and who cannot have
trial by a Jury of their country, as
the Constitution guarantees, in these
words
Tile Constitution OF the United States pro.
vides that
"The right of the people 10 be secure in
their persons, houses, papers, and effects
against unreasonable searches and seizures
shall not be violSted; and no warrant shall
issue but upon probable cause. supported by
oath or affirmation n'"-Ariicle a Amend.
menis.
mo person shall be held 10 answer !or a
capital or otherwise infamous crime un less
on a presentment or indictment Of a grand
iury." 'nor be deprve
Of life. liberty, or property without due prod
cess of law."- Article 8, Amendments. :
"lu all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
tris. by al impartial jury Of the State or dis
trict wherein the crime shall have been CON-
mitted, which district shall have been ascer-
tained BY law, and to be informed of the ma
ture and cause of the accusation; TO be con-
fronted with the witnesses against him; to
have compulsory process for obtaining wit
nesses in his favor, aud to have the assistance
of counsel for his defense. e.'-AritcaI 6,
Amtndmen's.
Who is right, WASHINGTON, JEFF
ERsoN, Justice MARSHALL and SToRYl
or Lincoln and his advisersl