M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-03-27
Keepit before the People!
WASHINGTON SPEAKS
FROM MS GRAVE!

- HNAH mo OA Al II
On the HaJeas Corpus, he said in
his orders to the Army, to every Of
iicer ard soldier of the United States
Army, when going out to suppress a
rebellion F.:
"That every officer and soldier will con
stantly bear in mind that he comes 10 sup
Por. the laws, and that it would be pecui-
arly unbecoming in him to be, in any way,
the inlractor Of them; tha. the essential
principles Of free government confne the
province OF the military, when called forth
on such occasions, TO two objects first, to
combat and subdue all who may be found
in arms in opposition TO the national will
and authority; secondly, TO aid and support
the civil magistrates in bringing offenders
ID justice. The di'pensation Of this justice
belongs to the civil magistrates; and let il
ever be our pride aud our glory to leave the
sacred deposit tleTe inviolaie. IrUiRg'S
Life of Washington, uol. s, en- 49,
Mr.. Jefferson, in 1857, o bjected to th
Constitution that it omitted to provide " for
the eternal and unremitting force ofthn la
beas corpus laws" In l7SS he advised that
four States should refuse TO ratily the Con-
stitution until declaration of rights had
been annexed to it., asserting, among other
things thatthere should be "no suspension
Of the habeas 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, in his message TO Congress he
said :
at will be seen that of three OF the prin.
cipal emissaries Of Mr. Burr, whom the gem
eral had caused TO be apprehended, one had
been liberated by HABEAs CORPUS, and the
Two Others, being those particularly employ.
ed in the endeOyor 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 he expected dur
ing the present sgitation Of New Orleans, and
that that city was not rs yet, safe place OF
confinement. AS soon as these persons shall
arrive, they will be delivered to the custody
.ol the law, and left TO such course of trial
bothas to place and process, as lis functiona
ries may direct"
In 1907, when Mr. Jefferson submitted to
congress certain documents relating TO the
alleged conspiracy for dismembermemt ol
the Union, the Senate took the alarm. and
with entire unaniTlty, pOsseda bill suspend
in1 the privilege for three months; il was
defeated in the House Of Representative
reje c!ed on lis first reading by an overwheln
ing majority.
In the same year, in discussing the ques.
tion arising on an application by Bol.man &
Swariwout, for writ Of HaJeaS cO-TuS, tc
inquire into the circumstances Of their con.
iinement utter commitment by the district
court, to which they had been surrendered by
Mr.. Jefferson, Chie( Justice Marshall SAYS;
"l( at any time the public safety shoult
require the suspension Of the powers granted
bythis act in the courts Of the United States
it would be for the Legislature TO say so."
Mr. Justice Story, in his Commentaries
section 1886 says;
alt would seem, as the power is given Ia
Congress TO suspend the wit of HaJeGS cor
pus in cases of rebellion or invasion, that the
right to Judge whether that exgency 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 ma.
beas corpus, and who cannot have a
trial by a 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, papers, and effects
against unreasonable searches and seizures
shall not be violated; and no warrant shall
issue but upon probable cause, supported BY
oath or affirmation n"-Ariicie a Amend,
ments.
mo person shall be held 10 answer for a
capital or otherwise Infamous crime unless
on presentment or indictment of grand
iury," = ~ "nor be depryed
Of life. liberty, or property without due pro :
cess Of laws Article 5, Amendmsnts.
"lu all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
tria, by an impartial jury of the State or dis.
trict wherein the crime shall have been COM
mitted, which district shall have been ascer-
tanned by law, and to be informed of the ma.
ture and cause of the accusations; 10 be con-
fronted with the witnesses against him; to
have compulsory process for obtaining wit
nesses in his favor, and to have the assistance
of counsel for his fense.''-Arlical g.
amendments.
Who is right, WASHINGTON, JEFF
ERsoN, Justice MARSHALL and SToRYi
or Liucoln and bis advisers 2
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