M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-05-15
keepil befOre.llle People!
EASilfNGT0N SPEAKS
IRON MS GR4VEi

On he HaJeas Co,pus, he said in
his orders to the Army. to every Of
iicer ard soldier Of the United States
Army, when going ont to suppress a
REBEL ion
"Thot every officer ..and soldier will con
SANITY bear in mind that he comes TO sup
por. the laws, and that il would be peculi-
arly uubeconiing in him 10 be. in any way,
the inIractof ol them; tha. the essential
principles Of free g"vemmeb, ronline the
province o' the military, when called forth
ou such occasions, 10 two objects first. TO
ton,bht aud subdue all who may be found
in aims in opposition 10 the national will
aud ulhoritl; secondly, TO aid and support
the civil magistrates in bringing offenders
to iuslie. The diSrensaiiOn OF this justice
belongs 20 the civil magistrates: and let it
ever BE- our pride aud our glory 10 leave tue
sacred deposit there lnvioale. IrUiRg'S
Life Of Washington, vOl. 5,ch. 90
NJ Jel!srsdn. in l737. objected TO th
Constitution lha! il omitted to pruvie' for
lhr eternal aud uuieminiug free nrthc la
bea> corpuS laws" In 1888 he advised thai
lcur Slates shUuld refuse 10 raliIy the Con.
siiutiun unit declaration Of rights had
brrn annexed Ia it. asserting. among other
things thatlhere should he 'no suspension
nl lie haheas corpus and in 1907, at the
period o Burr's conspiracy, he neither as.
samed 10 exercise the power himself. nor did
lp ask or advise Congress to do 50 On the
rOnlrhry, i'll his message 10 Congress he
said :
"lt will be seen that Of three OF the prin-
cipd emSsalies OF Mr. Burr. whom the gen.
eri hal caused 10 hr apprrlended, Onr had
been iiheratrd by HABEAs CORPUS. and the
IVA ulhrrs b ins hrs particularly employ
ci in th- en IedvOr TO Cnrrupt the general and
Army of the United States, have been EN-.
barllrd by him lor our ports in the Atlantic
Statrs; prob biz on the consideration that
an impartial trial cuudu he expected dur.
iug the pre- ent agitation Of New Orleans, and
That thai city was not. as yet. u sale place OF
conhnein'lh. AS spon as these persons Shall
arrive, they will be delivered to the custody
OF the law. and left TO such course of trial
bolhas to place and process, as lis functiona
ries may direct"
In 1907, when Mr. Jefferson submitted to
congress certain documents relating TO the
alleged conspiracy Tor di>mcmbernemt Of
tn Union. the Senate took the alarm. and
with entire unanir Ity, passeda bill suspend
in! the pri,ile for three months it was;
llreatel in the House ni representatives.
,ejrc'ed on its first reading by an overwhelm
iug majority.
Ia the same year, in discussing the ques.
lion arising on an appIicuion by BUllmdn &
Swartwout, for writ of HubeaS cO-THs, tC
iuqriie into The Circumstances of their con
fnemeut tfler commitment by the district
court to which they had been surrendered by
Mr. Jefferson, Chiel Justice Marshall says;
al at any time The public safety shoult
require the suspension OF the powers grantee
by this act in the courts of the United States
II wonld be for The Legislature TO say So"
w Justice Story, in his Commentaries
sectan 236 SAYS: .s
ali would seem, as the power is given L
Congress TO suspend the writ Of Habeus cor
pas IN ctses Of rebellion or invasion, tha. III.
right TO judge whether that exigeacy hst
lsrisen, must exclusively belong to that body.