The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1862-12-04


condition Of sovereigns and freemen in.
TO the condition of serfs and slaves"
amounts to nothing more than the vap
ia defamation Of q small minded dem.
agogue, intent on invcnting some ex
cuse for sowing division and distrac-
tion in q community which ought to be
united against the common enemy
The Constitution says "the privilege of
the writ Of habeas corpus shall not be
suspended, unless when in cases of re.
bellion or invasion the public safety may
require it." Has not a most formidable
rebellion" existed in our land for the
last eighteen months?-has not "inva.
sion" existed?-has not the public safe.
ty required the exertion Of every DOW.
er of that government to save it from
destruction? n?-has not the very occasion
made and provided in the Constitution
occurred2-would not President Lincoln
have failed in his duty to bis God and
country if ho had not exerted every pow
er con6ded to him under solemn oath,
in defence and protection Of that Con-
stitution2 Mr.. White quibbles, and
says we have the presence of neither
rebellion nor Invasion We have had it
on our very borders, and We knew not
how soon it would reach the homes and
the fire sides of tho Free States. Our
country is one;-treason, and giving aid
and comfort to rebellion, and promoting
invasion, may exist and DO quite rs ef6c'
lent in the North us in the South. 1t
is the Constitution which suspends tho
writ in the cases made and provided,
and not the President;-as the chief
Executive he merely executes the func.
tions devolvad upon him by the Con.
stitutien. Does not Mr.. White know
that n state of war necessarily suspends
the Habeas Corpus2 How can war be
carried on without such suspcnsion?-
The Constitution declares that no man
shall be deprived of life, liberty or prop
erty without due process Of law. A
state of war at once suspcnds this arti
Gle of the Constitution. Life, liberty
and property are all taken away with
out due process of law, under tho law!
of war. Gen. Wilkinson suspended the
Habeas Corpus at the time of the Burt
Conspiracy, which was approved by JEFF
fcrson. Gen. Jackson suspended it a
New Orleans during the British inva
sion in 1914, which was endorsed by
Congress. Hear what Senator Dougla,
says, who was not willing to sink the
patriot in the partisan and become q
traitor to his country: The God Of
nature has conferred this right on men
and uatinns, and therefore let him no
be told that it was unconstitutional to
defend the country, let him not be told
that it was unconstitutional to ADOPT
the necessary means. The Constitution
was adopted for the protection of The
country, and under the Constitution the
nation has had the right to exercise al
the powers that were necessary for thu
protection of the country. If MARTA
law was necessary to the salvation of
the country, martial law was legal fol
that purpose, If it was necessary for
judge, for the preservation of order tt
punish n contempt, he thought it wa:
necessary for a General to exercis
, control over his cannon, to imprisor
traitors and to arrest spies, and to in
tercept communications with the enc
y my. IF this was necessary, this wa
legal" If a commanding General ha
power to do all this, how much NOR
the President, who is Commander-in
} Chief. ANNOTATOR.