M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-02-06
Keep il before The People
WASHINGTON SPEAKE
FROM HIS GRAVE!

~ NM LAO uAt1 u
On the Habsas Corpus, he said b
his orders to the Army, to every Of.
fcer aId soldier of the United States
Army, when going out to suppress B
rebellion:
"That every officer and soldier will cod
stantly bear in mind that he comes 10 sud
por. the laws, and that it would be pecul.
arly unbecoming in him 10 be, in any wak
the infractor oi them; iha. the essential
principles Of free government confne tie
province OF the military, when called forth
on such occasions, TO two objects first, %
combat and subdue all who may be fouId
in arms in opposition to the national will
and authority; secondly, to aid and support
the civil magistrates in bringing offendets
to justice. The dispensation of this juslite
belongs 10 the civil magistrates; and lvtit
ever be our pride and our glory to leave tie
sacred deposit there inviolaie. ."-Iruinfs
Life Of Washington, vol. 5, en-. 90.
Mr.. Jefferson. in 1887, objected to tie
Constitution that it omitted to provide for
the eternal and unTemitting force ofthc la
bcGs corpus laws" In 1888 he advised that
lour States should refuse 10 ratify the Con.
stitution until declaration of rights hdd
been annexed to it, asserting, among other
things that there should be mo suspension
Of the habeas corpus" and in 1907, at tAe
period OF Burr's conspiracy, he neither ss.
sumed TO exercise the power himself. nor did
he ask or advise Congress to do SO. On The
contrary, in his message to Congress he
said
"lt will be seen that Of three Of the ptin.
cipal emissafies Of Mr. Burr, whom che gen.
eral had caused 70 be -spprAhanlsd, -ara !
been fiuefsted BY HABRAs CORPUS, and the
Two Others, being those particularly employ.
Ell in the endeavor to corrupt the general and
Army Of the United States, have been EN-:
barked by him for our ports in the Atlantic
States; probably on the consideration that
an impartial trial could not be expected dur.
ing the present agitation Of New Orleans, and
that that city was not, as yet, sale 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 process, as its functionl.
ries may direct"
In 1907, when Mr. Jefferson submitted %
congress certain documents relating 10 the
alleged conspiracy for dismembeTmamt Of
the Union, the Senate took the alarm. anl
with entire unanimity, passeda bill suspend.
ing the privilege for three months; il " Is
defeated in the House Of Representatives.
rejected on its first reading BY an owe rwhelp
ing mojonty. /
In the same year, in discussing the ques.
ton arising on all application by Bullman &
Swartwout, for a writ of Hubeas co.rgs, 10
inquire into the circumstances Of their con.
finement after commitment by the district
court. to which they had been surrendered by
Mr. Jefferson, Chief Justice Marshall says:
''If at any time the public safety should
require the suspension Of the powers granted
by this act in the courts ofth United States,
i would be for the Legislature to say so."
Mr. Justice Story, in his Commentaries,
section 1886. SAYS:
at would seem, as the power is given TO
Congress 10 suspend the writ of Ha6sas cor.
Dus in cases Of rebellion or invasion, that the
right to judge whether that exigency 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 ha-
6sas corpus, and who cannot have a
trial by aJury 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, papers, and effects
sgainst unreasonable searches and seizures
shall not be violated; and no warrant shall
issue but upon probable cause. supported by
oath or afirmatior"-Articls Amend
ments. ..ff e.a.
mo person shall be held TO answer for a
capital or otherwise infamous crime unless
on presentment or indictment of grand
jury" anor be edepwed
Of life. liberty, or properly wilhout due pro-
cess Of law - Artielt6, Amendments.
"ln all criminal prosecutions. The accused
shall enjoy the right to a speedy and public
ttia bv an imnartial inrv Of the State of cis.
trict wherein the crime shall have been COM
mitted which district shall have been ascer.
tanned by law, and to be informed Of The na-
ture and cause Of the accusation; 70 be con.
fronted with the witnesses against him; to
have compulsory process for obtaining wit
nesses In bis favor, and to have the assistance
Of council for his defense. .s--Ariieal s,
Amsaamsnts. - =.
: Who ia right, WAsHInerox, JEFF
ERsos, Justice MARsHALL and Srozri
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