M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-04-17


on such oceasions,io two objects fifst, 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 -dispensaiion of This Justice
5elongs TO the civil magistrates; and let Il
ever be our pride and our glory 10 leave tue
Sacred deposit there inViOIate. .p--ITUiiig's
Lifeof Washington, rol. 5,cn. 90
Mr.. JefFrsan. in 1887. objected to III
Constitution that it omitted to provide Tor
the eternal and YnTemitting force ofthe la
beas corpus laws" In l7e6 he advised that
iour States shO1Jd refuse 10 rai(y the Con
stiiution until a declaration OF rights had
been annexed TO il, asserting, Dmoug other
things thatthere shdnld be "no suspension
Of the habeps COfpus;Y and ih)80J at the
period OF Burr's conspiracy, he neither rs.
sumeC 10 exercise the. power himself. nor did
he ask or advise Congress to do SO. On the
contrary, ia his message 10 Congress be
said :.IJULlL 8iiE e.tvu l3}. .
ut will be seen that Of three Of the prin-
cipSl emissaries Of Mr Bufr. whom the gen
erai had caused TO be opprehended, one had
heen liberated by EABEAs CORPUS, and The
Two Others, being those particularly employ
ed in he enileavor tocofuptthe general anil
Army ofthe zUailed States, have been eln.
b0rkcd 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, aud
that that city was not, as yet, saIe place OF
confinement. As soon as these persons shall
arrive, they will be delivered TO the custody
ol the law, and left 10 such course Of tria
both asto place and process, as It's funetiona
ries may direct"
In 1907, when Mr. Jefferson submitted to
congress certain doruments relating TO the
alleged conspiracy for dismembermeml Of
the Union, the Senate took the alarm. and
with entire unaniTity, pOsseda bill suspend.
in5 the privilege for three months ii was;
dreated in the House OF representatives,
elected on its lirst reading by an overWhelm
rg mj)nty. -.5- |
In the same year, in discussing the ques.
lion arising on al application by Bolman &
Swartwout, for writ of HuJeas CO-Tus, 10
inquire into The circumstances of their ron.
flncment glier 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
bythis act in the courts OF the United States,
il would be for the Legislature TO say So, .
Mr. Justice Story, ia his Commentaries,
section | 236 says
"lt would seem, as the power is given TO
Congress 10 suspend the vii Of HdLeus cor
puS in cases Of rebellion or invasion, that thu
right 10 judge whether that exigency had
arisen, must exclusively belong TO that body. y
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 ha-
JeaS corpus, and who cannot have a
trial by Jury Of their country, as
the Constitution guarantees, in these
words: 49, tt4
The Constitution OF the United States pro-
yides that
"Tbe right OF the people 10 be secure in
heir persons, HOSES, papers, and effects
,gainst unreasonable searches and seizures
shall not be violated; and no warrant shall
ssue but upon probable cause. supported by
path or affirmation "-ArLicls A Amend
mentS
mo person shall be held 10 answer FOR a
capital or otherwise Infamous crime Mess
on presenlmenl or indictment o f grand
lurv," ''nor be depryed
0l life. liberty, or properly without due pro-
cess Of law."- Article 5, AmendmentS.
"ln all criminsl prosecutions, the accused
shall enjoy the right 10 a speedy and public
tria, by al impartial jury Of the Stale or dis
trict wherein the crime shall have been COM
district shall have been ascer-
toned by law, and 10 be informed of the ma
ture and cause Of The accusation; 10 be con-
ironted 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. .'-Arlical 6,
Amfndmenis. !
Who is right, WASHINGTON, JEFF,
ERsoN, Justice MARSHALL and SroRYl
or Lincoln and his advisers