The Democratic press. (Eaton, Preble County, Ohio) 1860-1865, 1862-01-09

that the process OF the court Ind
never been resisted, except by order
of the President, Mr. Pendleton
proceeded.
The Constitution of the United
States provides that
"The right of the people to be
secure in their persons, houses,
papers, and effects against unrea-
sonable searches and seizuressshall
not Ae violated 4; and ne Warrant
shall issue but upon probable
cause, supported by oath or affir-
nation" ."-Article 4, Amendments.
"No person shall be held to answer
for a capital or otherwise infamous
crime unless on q prcseutment or
indictment,of II grand jury" x =
"nor be deprived Of life, liberty, or
properly without due process OF
Iaw."-Article 5, amendments.
'In all criminal prosecutions, the
accused shall enjoy the right to a
speedy and public trial by an i'm
partial jury of the State or district
wherein the crime shall have been
committed, which district shall
have been previously ascertained
by law, and to be informed of the
nature and cause of the accusation;
to be confronted with the witnesses
in his favor; to have a compulsory
process for obtaining witnesses in
his favor, and to have the assist.
ance of counsel for his defense" -
article 6, amendments.
These memorialists have been
seized without "a warrant" they
are held without "an indictment !"
they are deprived of their "iberty
without dne process of law" they
are denied "a speedy trial ;" they
are not informed Of the ''nature
and cause of the accusation ;" they
are not "confronted with the wit
nesscs" against them They appeal
to Congress to secure to them the
benefit Of these constitutional pro
visions; they ask "that their case
may be investigated by Congress
or be remittcd to the judicial tri-
bunals to be legally heard and
determined :" and my worthy COL
leagues on the Judiciary Commit.
tee can find no more appropriate
answer to their prayer than that il
shall lie unanswered on yonr table
What do they ask? Of what do
they complain? They ask that
they may have "a speedy trial :
, that they may be acquitted or con.
demned. They complain that they
are arbitrarily held by the military
power, and denied an opportunity
to answer any charge which may
be brought against them. They
, do not ask an acquittal; they dc
not sue for pardon; they ask ne
relaxation of the strictness Of the
! law. On the contrary they invok,
, the law; they ask the application
of all its rigid rules: they invit'
the closest scrutiny. They have
! demanded thus much at the hands
p of their captor. lie has refused it
, and now they demand the same a
the hands Of Congress. The wri
of habeaS corpus wos invented t.
meet the exigencics of exactly sucl
, a case. 1t commands the persol
. who holds the custody of anothe
to bring him before the judge, il
!. order that the cause of his deten
. ton may be inquired into-that h
q may be remanded to custody, if h
be legally held; that he may b
+ discharged if he is detained with
:, out authority of law. The righ
y to invoke its aid is secured to ever
, criminal in the land, and has neve
:, been invaded by the constitute
authorities until now. These me
morialists would have availed them
selves of it to ascertain the accuse
ton against them, and to force
"a "speedy trial )" but the Presider
has declared that he has author
; lied the military officer to suspen
# their right to the writ, and to hoI
# them prisoners at his pleasure.
t. 1t Is fortunate for these memo
a rialists, in the assertion Of the
is personal mghts-fortunate for tn
1T cause Of Tho true Interpretation
% the Constitution-that there is n
N charge, no intimation, that the
is have been guilty OF any otfen'
Of known to the laws of the land fo
re notwithstanding the experience
st eighty years, we are prone to TO
to get that the integrity of the Coz
a, stitution, the solution of IL
" problem of the compatibility
al social order with individual secu
ct rity, demand that the constitution
to guarantees of personal liber
should be as faithfully kept,
r rigidIy enforced, as perfectly a.
|. ministered, in the case of Il
IS, meanest criminal as of the pure
IS, patriot.
n. The President of the Unit,
ed States, in his message at the COZ
DIS mencement of the extra sessio
ay announces his action and his reasC