M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-01-30
Keep il before The People I!
WASHINGTON SPE EAKS
FROM HIS GRAVE!

On he Hobeas Co,ppS, he said in
his orders to the Army, to every of.
ficer ard soldier Of the United Stats
Army, when going out to suppress a
rebellion
"ThSt every officer and soldier will con.
stantly bear in mind that he comes 10 sup
por. The laws, and that il would b.. pecuii-
arls uubecoming in him TO be. in any way.
the infractor oi them; tha. the essential
principles Of free government confne 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 AIMS in opposition to the national will
aud authority; secondly, to aid and support
the civil magistrates in bripging of, nders
to justice. The diSrensalion ol this justice
belongs TO the civil magistrates; and rt it
ever be our pride aud our glory 10 leave the
sarred deposit there inviOlate. - Irviag'S
Life Of Washington, roL. 8, en-. 29'
Nj. Jeiflrsdn. in l7S7. objected to the
Constitution tha! it omitted TO provide Tor
the eternal and unremiIting flrce ofthc ha
btG, corpus avs In 1888 he advised that
iour States should refuse TO atiiy the Con.
siiiution until decIaration of rights had
been amnexed TO il, asserting, among other
thugs that there should he mo suspension
Of Tie hateas corpus" and iii 1907, al the
period ol Burrs conspiracy, he neither ss-
sumed To exercise The power himself nor did
he ssk or advise ConGress to do SO. On the
contrary, ia his message TO Congress he
said
'"lt viii be seen that of three Of the prin-
cipbl tmssaIies ul Mr.. Burr. HON The gem
eTaI had caused TO be- appFrIIeu'ird, one nstl
heen liberated by HABEAs CORPUS, and the
.wo Others, being those particularly employ
ed in the endeavOr TO corrupt the general anil
Army of the United States, have been en-
barked by him for cur ports in the Atlantic
States; probobly on The consideration that
an impartial trial could not he expected dur.
ing the present agitation Of New OIeans, and
that Thai city was not, Us yet, bale place OF
confinement. AS scOn as lhe;e persons shall
arrive, they will he delivered to tie custody
Of the law. and left 10 such course Of trial, 4,
both as TO place and process, as lis lunctiona-
ries may direct"
In 1907. when Mr. jefferson submitted TO
congress certain documents relating 10 the
ellegcd conspiracy for dlsmembermemI oi
the Union, the Senate took the sldrm, and
with entire unanimIty, passeda bill Suspend
in! the privilege for three months; it was
defeated in the House OF Representatives
rejected on its first leudins by al owe w In
lrg mOjonty.
In the same year, in discussing the ques-
llon arising Oh al application bv Bol'man "
SwarlwUut. for writ OF HubeaS CORPUS, TO
rquiIe into the Circumstances of their con-
fnenent sfler commitment Ivy the district
court to which they had been surrendered by
Dir Jefferson, Chic Justice Marshall says;
III at any lime The public safety should
require the suspension0l tie powers granted
by this act in the courts of the United States,
it would be Tor the Legislature 10 say so."
Mr. Justice Story, in his Commentaries,
seclUn 1856. SAYS:
ali would seem, as the power is given to
Congress 10 suspend the wit of HabeGS cor
pus in cases of rebellion or invasion, that the
right TO judge whether that exigency had
arisen, must exclusively belong 10 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:
vino are denied the benefit Of the hG-
beaS corpus, and who cannot have o
trial by Jury 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 violsted; and 10 warrant shall
issue but upon probable cause. supported by
oath or affirmation Article a Amend
ments. b-.
No person shall be held 10 answer for a
capital or otherwise infamous crime un less
on presentment or indictment OF grand
iury." = ''nor be deprived
| Of life. liberty, or properly without due pro-
cess of law."- Articles, Amendments.
t'ln all criminel prosecutions, the accused
shall enjoy the rightto speedy and public
tra. by sn impartial jury Of the State or cis-
trct wherein the ,rime shall have been COM
mitted which district shall have been ascer-
tained BY law. and to be informed of the ma
| tute aud cause Of the ac,usation; to be con-
fronted with the witnesses against him; to
have compulsory process for obtaining wit
nesses in his favor, aud 10 have the assistance
Of counsel for his defense e.'-ArtieaI 3,
amendments.
Who is right, WAsHlNGToN. JEFF
ERsos, Justice MARSHALL and sToRYl
| tor. biucoln aud bis advisers |! y. Sc