M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-01-09
Keep il before The People +!
WASHINGTON SPEAK s
FROM HIS GRAVE!

On the Ha6sas 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 a
rebellion
"ThOt every officer and soldier will con-
stantly bear in mind that he comes 10 sup
por. The laws, and that it would be pecuIi-
aTly uubecoming in him to be, in any way,
the inlractor oi them; tina. the essential
principles Of free government confne the
province Of the military, when called forth
on such occasions, to two objects; first, 10
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
10 justice. The disrensaton of this justice
belongs to the civil magistrates; and let it
ever be our pride and our glory 10 leave the
sacred deposit there inviolate. - Iruing's
Life Of Washington, vOl 8, en-. 29'
Mr.. jefferson, in 1887, objected to the
Constitution tha! it omitted to provide "for
the eternal and uremitting force of the ha
beas corpus laws" In 1883 he advised that
four States should refuse TO ratify the Con-
slituton 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 the
period Of Burr's conspiracy, he neither as.
sumed 10 exercise the power himself. nor did
he ask or advise Congress to do So. On the
contrary, ia his message TO Congress he
said
alt will be seen that Of three Of the prin.
cipa emissaTies Of Mr., Burr, whom the gen,
eral had caused TO be apprehended, one had
been liberated by HABEAs CORPUS, and The
Two others, being those particularly employ
ed in the endeavor to corrupt the general and
Army of the United States, have been EN-
burked 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 ogiiatiUn Of New Orleans, and
that that city was not, as yet, a sale place o.
confinement. AS soon as these persons shall
arrive, they will be delivered to the custody
ol the law. and left 10 such course Of trial
both as to place and process, as its functiona
ries may direct"
In 1907, when Mr. Jefferson submitted tc
congress certain documents relating 10 the
alleged conspiracy lor diSmembermemt o
the Union, the Senate took the alarm. anC
with entire unanmlty, passeda bi II suspend
n1 the privilege for three months; it was
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 anappiCa'ion by Boliman 6
Swartwout, for writ of HabeaS c, -fus, t
inquire into the circumstances Of their con
finement after commitment by the distic
court, to which they had been surrendered BY
Mr. Jefferson, Chief Justice Marshall says;
"lt at any time the public safety shOult
require the suspension of the powers grantee
byths act in the courts of the United States
it would be for the Legislature to say So"
Mr. Justice Story, in his Commentaries
section l256. SAYS:
at would seem, as the power is given Il
| Congress 10 suspend the writ of HabeuS cor
pus in cases Of rebellion or invasion, that thl
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 For
Warren, near Boston; who cannot bt
informed OF the charges against them
who are denied the benefit of the ha
Jea8 corpus, and who cannot have (
trial by Jury of their country, a
the Constitution guarantees, in thes,
words
Tie Constitution Of the United States pro
vides that
"The right of the people 10 be srcure il
their persons. houses, papers, and effect
against unreasonable searches and seizure
shall not be violated; and ITO warrant shall
issue but upon probable cause. supported b,
oath or affirmation ARTICLE Amend
ments. -.....
mo person shall be held 10 answer for
capital or otherwise Infamous crime unes
on presentment or indictment o grant
} iury." y "nur be deprye
Of life. liberty, or property without due pro,
cess of law."- Article 5, Amendments.
4 "lu all criminal prosecutions, the aocuseC
shall enjoy the right to a speedy alfd public
tria, by an impartial jury olsthe State or dis
trict wherein the crime shall have been com
mitted (which district shall have been ascer
tained by law, and 10 be informed of the ma
ture and cause OF the actusationj to be oon
fronted with the witnesses against him; t.
have compulsory process for obtaining wit
nesses in his favor, aud to have the assistance
Of counsel. for his defense.'-Arltcal 6
AnlsndmenA 80 .3-8 so
i Who Is right, WAsHlNeToE, JEFF
ERsoa, Justice MARSHALL and STosY
or, Lincoln and his advisers