M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-03-13
stitution until declaration of rights had

stitution until declaration Of rights hat
Ibeen auneKed to it, asserting, among othe
fittings that there should be "no suspensioI
lof lpe habeas corpus" aud In 1907, at th
Iperiod OF Burr's conspiracy, he neither ss
sumed TO exercise the power himself nor dIC
he ask or advise Congess to do SO. OnthI
foglfary,ih his message to Congress hC
said
l. "lt viii be seen that OF three Of the prin
leipal eniissaIies Of Mr. Burr whom the gen
Ierdl had caused 10 BE- spprehended, one had
been liberated by iBEAs CORPUS and The
two Others, being thosepaIticularly employ
ed IN the endeayor to corrupt The general snd
Army Of the United States, have been EN-,
barked by him for our ports in the Atlantic
tSIatesj probably on the consideration that
an impartial tfi0l could not he expected dur
ing the preFent agitation Of New Orleans, and
thats sihaic.t nas.nOt. as yet.a, saie place ol
confinement. AS soon os these persons shall
hrBe, They win be delivered to the custody
ol the law, aud left 10 such course Of trial
both as to place and process ,asii (uhctiona.
ries NAV direct"
In 1907, when MIR Jefferson submitted Ia
Congress certain documents relating 10 ,liie
alleged conspiracy for a dismembermemi OF
fbe Union, The Senate took the alarm. aud
with enIiTe unaniTity, pOsseda bill suspend
in1 the privilege for three mOntbsj it was
defeated in the House of representatives,
rejected on its first reading by an overwhem
ing majority. go
In the same year, in discussing the ques.
lion arising on andpplcu'ion BY B'l'man &
SwartwOut. for writ of HuIedS co-Tus, TO
inquire into the Circumstances Of their con.
finement vfler commitment by the district
court. to which they had been surrendered by
Mr., Jefferson, Chief Justice Marshall says;
AT at any time the public s1lety should
require The suspension OF the powers granted
by this act in the courts OF the United States,
itwould be for the Legislature TO say so."
Mr. Justice Story, in bis Commentaries,
section l236 saws: ....... ....
at would seem, as the power is given to
Congress 10 suspend the wit of HdbeuS cor.
puS 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 MIR. 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 ma.
bcdS corpus, and who cannot have a
trial by aJury of their country, as
the Constitution guarantees, in these
words
Tie 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 violated; aud no warrant shall
issue but upon probable cause. supported by
oath or affirmation "-ArticIe a Amend.
mentS.
No person shall be held 10 enswer FOR o
capital or otherwise Infamous crime unless
on a presentment or indictment Of gran
iury," = "nor be deprvet
Of life. liberty, OF properly without due proc
cess of law"- Article 5, AmcndmentS.
Sin all criminsI prosecutions, the accused
shall enjoy the right to a speeJyand public
trid,s by an impartial jury Of aha Aiais.ar1is,
lrictt wherein the crime shal have been COM
mitted which district shall have been ascer.
tanned by law, and TO be informed of the ma
ture and cause oftbe accusation; TO be con-
rronted 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 .'-ArlicaL 6,
Amea3mcHtS.
Vino is right, WASHINGTON, JEFF
ERsoN, Justice MARSHALL and SToRYl
or Lincoln and his advisers