M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-01-16
il before the People
WASHLNGT TON SPEAKS
FROM HIS GRAVE!

T. ~ " LII ALLo " ~ ~ -
On the Ha6eas Corpus, he said in
his orders to the Army, to every of.
ficer ard soldier of the United States
Army, when going out to suppress
rebellion
"That every officer and soldier will con.
stantly bear in mind that he comes 10 sup
port the laws, and that it would be pecuIi-
srly uubecoming in him 10 be, in any way,
the infractsr Of them; tina. the essential
principles of free government confine 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 in opposition to the national will
and authority; secondly, TO aid aud support
the civil magistrates in bringing offenders
TO justice. The dispensation of this justice
belongs 10 the civil magistrates; and let il
ever be our pride and eur glory 10 leave the
sacred deposit there inviolate. ."-Irping's
Life Of Washington, rol, 5, ch. 90
Mr.. jefferson, in 1887, objected TO the
Constitution that ii omitted to provide 'for
the eternal and unremitting force of the la
beas corpus laws" In l7e6 he advised that
four States should fefuse 10 ratify the Con
stitution until declaration of rights had
been annexed to it, asserting, among other
things that there should be "no suspension
Of the habeas corpus" and in 1907, at th'
period Of Burr's conspiracy, he neither as
Cumed 10 exercise the power himself, nor die
he ask or advise Congress to do SO. On the
contrary, in his message TO Congress lie
said
at will be seen that Of three OF the priR
ipal smissaries OF Mr.. Burr, whom the gen
ersl had caused 10 be Spprehendsa, Gle had
been liberated by HABEAs CORPUS, and III,
Two others, being those particularly employ
ed in the endeavOr TO corrupt the general anC
Army Of the United States, have been EN-
bsrked by him for our ports in the Atlantic
Sta ties; piobably on the consideration tha
an impartial trial could not be expected dur
ing the present sgiation OfNew Orleans, anC
that that city was not, as yet, sale place o
confinement. As soon as these persons shal
arrive, they will be delivered to the custody
OF the law, and left 10 such course of trial
both asto place and process, as its functiona
ries may direct"
In 1907, WbereMr Jefferson submitted tC
congress certain documents relating 10 the
alleged conspiracy for ACKNOWLEDGMENT o
the Union, the Senate took the alarm, ant
with entire unanimity, passeda bill suspend
ing the privilege for three months; it wat
defeated in the House Of representatives,
rejected on its first reading by an overwhelm
ing majority.
In the same year, in discussing the ques
ton arising on an application by BOllman &
Swartwout, for writ Of Hdbeas cCrrAS, t
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 tho suspension Of the powers grantee
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 1856. says
"lt would seem, as the power is given tc
Congress 10 suspend the writ Of HaGsaS cor
puS in cases Of rebellion or invasion, MAT the
right TO judge whether that exigency had
arisen, must. exclusively belong to that BODY.
Now, look at the acts of Mr.. LIN
ooLN: 1000 American citizens /arc
imprisoned upon suspicion in ForI
Warren, near Boston; whS cannot b
informed Of the charges agains: tnep;
who are denied the benefit of the la
5eas corpus, and who cannot have
trial by Jury of their country, as
the Constitution guarantees, in these
words i:
The Constitution Of the United States pro
vides that
"The right Of the people 10 be secure il
their persons, houses, papers, and eifeot
against unreasonable searches and seizures
shall not be violated; and no warrant shal
| issue but upon probable cause, supported by
oath or affirmation Article a Amend
meats.
mo person shall be held to answer for {
capltal OF otueIWlse lnidliouS Sinlo uhiSS'
ona presentment or indictment of srant
iury," "nor be deprived
Of life. liberty, or property without due pro-
cess Of law" ."-Articlt 8, Amendments.
SIN all criminal prosecutions, the accused
shall enjoy The right TO a speedy and public
tria, by sn impartial jury ollthe State or eis
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 accusation; to be con
fronted with the witnesses against him; tC
have compulsory process for obtaining wit
nesses in his favor. and to have the assistance
of counsel for his defense."-Artical 8
Amendments.
I Who is right, WAsHlNeTos, JEFF
sEsTs. .n1 Justice cssn; but the resoIu; 8.~'