M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-05-01
Keepit before The P eOpIe!
WASHING TON SPEAK 8
FROA HIS GRdYRi

w 'ho AuVeuS NVLVUO, u0 FNlu in
his orders to the Army, to every Of.
nicer 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 tina he comes 20 sup
por. the laws, and that it would be pecui-
arly unbecominG in him to be, in any way,
the infractoT Of them; tha. the essential
principles Of free government sonfne the
province Of the military, when called forth
on such occasions, 10 two objects first, to
combat and subdue oil 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 il
ever be our pride and our glory 10 leave the
sacred deposit there invioate. ."--Erping'i
Life Of Washington, vol. 5, ca. 20.
Mr.. Jefferson, in 1887, objected to N
Constitution that it omitted TO provide ''for
the eternal and pnremitting force ofthe ha
6cGs corpus laws.' In 1883 he advised that
four States should refuse 10 ratify the Con.
stitution until q declaration OF rights had
been annexed to it, asserting, among other
things thatthere should be "no suspension
Of the habeas corpus" and in 1907, at the
period OF Burrs conspiracy, he neither as
sumed to exercise the power himself, nor did
he ask or advise Congress to do 50. On the
contrary, in bis message 10 Congress he
said
at will 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 o!hers, 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 lIial could not be expected dur.
ing the present agitation Of New Orleans, and
that that city was not, as yet, safe place Of
confinement. As soon as these persons shall
arrive, they will be delivered to the custody
OF the law, and left 10 such course Of trial
both to place and process, as its functiona
ries may direct"
In 1907, when Mr. Jefferson submitted 10
congress certain documents relating TO the
alleged conspiracy for ACKNOWLEDGMENT OF
the Union, the Senate took the alarm. and
with entire unaniwity. passeda bill suspend.
ing the privilege for three months 1t was;
dreated in the House Of Representatives
elected on its first reading BY an OVeIwheln
ing majonty.
In the same year, in discussing the ques.
ton arising on an application by Bollman &
Swartwout, for writ of Ha6eas co-TWs, 10
inquire into The circumstances oftbeir con-
sfter commitment by the district
court. to which they had been surrendered by
Mr.. Jefferson, Chief Justice Marshall says;
III at any time the public safety should
require the suspension OF the powers granted
by this act in the courts of the United States,
i would be for the Legislature 10 say so."
Mr. Justice Story. in his Commentaries,
section 1856. says:
at would seem, as the power is given to
Congress 10 suspend the writ of HaGeas cor.
puS in cases Of rebellion or invasion, that the
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 Fort
Warren, near Boston; who canrot be
informed OF the charges against them:
Who are denied the benefit of the nG-
'sas corpus, and who cannot have q
rial by Jury Of their country, as
he Constitution guarantees, in these
words t-r.
The Constitution efihe United States pro.
'ides that
"The right of the people TO be secure in
heir persons, houses, papers. and effects
gainst unreasonable searches and seizures
hall not be violated; and no warrant shall
ssue but upon probable cause. supported BY
,sth or affirmation. Article 4 Amsnd.
{ eais.
"No person shall be held 10 answer for a
.apital or otherwise Infamous crime unless
N pressntment or indictment Of a grand
ury, "nor be deptyed
II life. liberty, OF property without due pre-.
L. Al l..