M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-06-05
Keepit before the People!
WASHINGTON SP EA X S
FROM HIS CRAVE!

On the HabedS Co,pus, he said in
his orders to the Army, to every of.
ricer ard soldier of the United States
Army, when going out to suppress a
REBEL ion
"That every officer ..and soldier will con
stantly bear in mind that he comes 10 sup
port the laws, and that it would be peculi-
arly unbecomng in him to be, in any way,
the infractor Of them; tina. the essential
principles Of free government ronfine the
province Of the military, when called forth
on such occasions, to 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 and support
the civil magistrates in bringing offenders
to justice. The dispensation of this justice
belongs to the civil magistrates; and let 1t
ever be our pride and our glory TO leave tine
sacred deposit there inviolate. --IrUin9'S
Life of Washington, vol. 5, en-. 90
Mr.. Jefftrs,n, in 1871, objected to tn
Constitution that it omitted to provide' for
the eternal and unremitting force ofthc ho
bcas corpus laws" In l7s6 he advised that
four States should refuse TO ratify the Con-
stitution until declaration Of rights had
been annexed to it, asserting, among other
things thatthere should be ono suspension
of tine habeas corpus;" and in 1877, at the
period OF Burr's conspiracy, he neither as
sumed to exercise the power himself, nor did
he ask or advise Congress to do SO. On the
contrary, ih his message 10 Congress he
said
ut win be seen that Of three Of the prin-
cipal emissaries 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-
barked by him for our ports in the Atlantic
States; probably on the consideration that
an impartial trial could not be expected dur
ing the present agitation ofNew Orleans, and
that that city was not, as yet, sale place o.
confinement. As soon as these persons shall
arrive, they will be delivered to the custody
OF the law, and left to such course OF triaI
both as to place and process, as its functions
ries may direct"
In 1907, when Mr. Jefferson submitted tC
congress certain documents relating to the
alleged conspiracy for dismembermemt o
the Union, the Senate took the alarm. ant
with entire unanimity, passeda bill suspend
iny the privilege for three months it was
dreated in the House Of Representative
elected on its first reading by an overwhelm
ing majority.
In the same year, in discussing the ques
tion arising on all application by Bollman 0
Swartwout, for writ of Habeas corpus, tc
inquire into the circumstances Of their con
finement pfer 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 shoult
require the suspension of the powers granted
bythis act in the courts of the United States
itwould be for the Legislature to say So"
Mr. Justice Story, in his Commentaries
section $50. savs
at would seem, as the power is given t,
Congress 10 suspend the writ of HdJedS cor
p,ts in cases Of rebellion or invasion, that tn,
right to Judge whether that exigency ha'
arisen, must exclusively belong to that body
Now, look at the acts of Mr.. LIN
COLIN: 1000 American citizens ar
Imprisoned upon suspicion in For
Warren, near Boston; who cannot b
informed Of the charges against them
who are denied the benefit of the nd
Deas corpus, and who cannot have
! trial by Jury of their country, a
t the Constitution guarantees, in thes
words:
The Constitution Of the United States pre-
. vides that y
, "The right of the people to be secure
their persons, houses, papers, and efec'
against unreasonable searches and seizure
shall not be violated; and no warrant sha
J issue but upon probable cause. supported D
8 oath or affirmation amend
meKti.