M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-01-23
Keepil before The People!
WASHINGTON FAX S
FROM HIS CRAVE!


On the HabeaS Corpus, he said in
his orders to the Army, to every Of
fcer ard soldier of the United States
Army, when going out to suppress a
rebellion /:
"That every officer and soldier will con.
stantly bear in mind that he comes TO sup.
por. the laws, and that it would be pecuIi-
arly uubecoming in him to be, in any way,
the inlractor ol them; tina. the essential
prime Piles Of free government conGne 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
aud authority; secondly, TO aid and support
The civil magistrates in Bringing offenders
TO justice. The dispensation Of this justice
belongs TO the civil magistrates; and let it
ever be our pride and our glory to leave the
sacred deposit there inviOlate. '-IruiRg's
Life Of Washington, vol. 8, en-. 80
Mr.. jefferson, in 1857, objected to the
Constitution that it omitted to provide Tor
the eternal and unremilting force ofthc la
bcas corpus laws" In 1853 he advised that
Iour States should refuse 10 ratily the Con-
stitution until a declaration of rights had
been annexed to it, asserting, among other
things that there should be "no suspension
Of lie habeas corpus" and in 1907, at the
period Of Burr's conspiracy, he neither as
sumed 10 exercise the power himself. nor did
lie ask or advise Congress to do SO. On the
contrary, in his message TO Congress he
said
ut will be seen that Of three OF the prin-
cipal l.emissaties Of Mr.. BUR-, whom the gen
eral had caused 10 be apprehended, one had
been liberated by HABEAs CORPUS, and the
Two ohers, being those particularly employ.
ed IN the endeavor 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 lie consideration that
an impartial trial could not I've expected dur.
ing the present egiiOtion Of New Odeans, and
that that city was net, as yet, a sale place Of
confinement. AS soon as these persons shall
arrive, they will be delivered to the custody
oI the law, and left 10 such course Of trial,
both as to place and process, as its functiona-
ries NAV direct"
In 1907, when Mr. Jefferson submitted to
congress certain documents relating 10 the
alleged conspiracy for dismembermemt Of
the Union, the Senate took the alarm, and
with entire unOnimity, passeda bill suspend
ing the privilege for three months; it was
defeated in the House Of Representatives
rejected on its first reading by an oyewheln
ing majority.
In the same year, in discussing the ques-
ton arising on nepplCa'ion by BOllman &
Swartwout. for q writ of HdbeGS ct.Lus, to
inquire into the circumstances Of their Cou-
finement after commitment by the district
court, to which they had been surrendered by
Mr.. Jefferson, Chief Justice Marshall says;
Ill at any time the public safety should
require the suspension Of the powers granted
byt this 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. suys:
alt would seem, as the power is given to
Congress 10 suspend the writ of HaLeGs COR
puS in cases Of rebellion or invasion, THAT the
right to judge whether that exigency had
arisen, mus. 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 na-
beaS corpus, and who cannot have q
trial by aJury 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
sgainst unreasonable searches and seizures
shall not be violated; and no warrant shall
issue but upon probable cause, supported by
oath or affirmation '"-Article 4 Amend
ments.
mo person shall be held 10 answer for a
capital or otherwise Infamous crime un less
on presenlment or indictment OF grand
iury." "nur be derived
Of life. liberty, or property without due pro-
cess Of law."-Ariicl 5, AmendmGntS.
"lu all criminal prosecutions, the accused
shall enjoy the right to speedy and public
tria. by an impartial jury oifthe State or dis
trict wherein the crime shall have been cum-
mitted, which district shall have been ascer-
tanned by law, and to be informed of the ma
ture AMI cause of the accusation; to be con-
fronted with the witnesses against him; to
have compulsory process for obtaining wit
nesses in his favor, aud to have the assistance
Of counsel for his defense. .'-ArliCdl o.,
Who is right, WASHINGTON, JEFF.
ERsoN, Justice MARSHALL and SToR :.
Or, Liucoln and bis advisersi