M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-02-27
keepit itbefOre The People!
va SHLNGTON. SPEA KS
FROM HIS GRAVE!

his orders to the Army, to every Of
icer 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 10 sup.
por. the laws, and that it would be peculi-
arly uubecoming in him TO be, in any way,
the infractor Of them; tina. the essential
principles of free government confne the
province Of the military, when called forth
on such occasions, TO two objects first, to
combat and subdue all who muy 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 dspensation 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. ."-IrUing's
Life of Washington, uOl. 5, en-. 80
Mr.. jefferson, in 1887, obie:tej to tn
Constitution that it omitted 10 provide for
the eternal and unremittng force ofthc he
bsGs corpus laws" In 1853 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 that there should be "no suspension
Of the habeas corpus" aud in 1907, 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, in his message to Congress he
said
"lt viii be seen that OF three OF the prnI
cipal emissares of Mr, BUR-, whom the gem
era had caused TO be apprehended, one had
been liberated by HABEAs CORPUS, and the
Two Others, being those particularly employ,
ed in the endeayor 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 he 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
the law, and left TO such course of trial,
both to place and process, as its functona.
ries may direct"
In 1907, when Mr. Jefferson submitted to
congress certain documents relating to the
alleged conspiracy for dismembermemt Of
the Union, the Senate took the alarm. and
with entire unanimity, passeda bill suspend
ing the privilege for three months; it was
defeated in the House of Representatives
rejected on its first reading by an overwhelln
ing majority. ....r.
In the same year, in discussing the ques-
tion arising on an application by BOllmdn &
Swartwout, for writ of Hdbeas cO-ruS, to
inquire into the circumstances Of their con
finement after commi tment by the district
court. to which they had been surrendered by
Mr.. Jefferson, Chief Justice Marshall says;
'Ii at any time the public safety should
require the suspension of the powers granted
by this act in the courts of the United States,
it would beior the Legislature TO say So"
Mr. Justice Story, in his Commentaries,
section 936. SAYS;
at would seem, as the power is given to
Congress 10 suspend the writ of HaJeus cor.
puS in cases OF rebellion or invasion, that the
right to judge whether that exigeney 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 cannot be
informed Of the charges against them:
who are denied the benefit of the hd-
beaS corpus, and who cannot have a
trial by aJury of their country, as
the Constitution guarantees, in these
words t.-.
The Constitution Of the United States pro-
vides that
"The right of the people TO be secure in
their persons, houses, papers, and effects
against unreasonable searches and seizures
shall not be violated; and no warrant shall
issue but upon probable cause, supported by
oath or affirmation '"--Article A Amend.
meats. lr H
mo person shall be held 10 answer for q
capital or otherwise Infamous crime un less
on presentment or indictment of gran
iury." 'nor be deprived
Of life. liberty, or property without due prot
cess Of ."-Articlc 8, Amendments. -
"ln all criminal prosecutions, the accused
shall enjoy the right to speedy and public
tria, by an impartial jury OF the State or Gis
trict wherein the crime shall have been com.
mitted which district shall have been ascer
tained by law, and to be informed Of the ma
ture and cause Of the accusations to be con,
fronted with the witnesses against him; t.
have compulsory process for obtaining wit
nesses in his favor, and to have the assistance
of counsel for his defense."-Artical 6
amendments. Hst h.
Who is right, WASHINGTON. JEFF
ERsoN, Justice MARSHALL and STORY