M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-05-07

or by the President, was wholly illo.
gal and unconstitutional, aud can be
M Justification on the part of those
who made the arrest, This is inevi.
tably So, unless the theory, which las
been advanced, that hocanpe we are
in state OF war, aud because the
President has declared martial law.
and suspended the writ of haJe1s cor.
PuS throughout the Northern States,
u different AMI paramount rule has
been established, either in harmony
withthe Constitution, or by the right.
iul suspension of the Constitution i:
self. might content myself, gentle.
men of the jury, and fulfill all tho OBJ
legations OF my place, by simply an.
nouncing snch not the law of the land,
acc clrding to my convictions bu. in
asmuch - some of yonr minds may
Lave received impressions from the
very genera! discussion Of these ques
tions in. the press of the country, and
in rhe balls OF legislation, shall enter
somewhat minutply into the examna.
ton Oi each Of rh &c several PROPOSE.
tons. In the first place, may prem.
lse, that even il the suspension Of the
writ Of HlbeaS Corpwi, by the Presi.
d"nt, Was constitutional act, cOnsti
utloul,ly eXerted, it does not follow
that those other great provisions OF
the Constitution, such rs the right OF
trial by jury in the st .to and district
where the Grim, was committed, were
alsu by that act suspended. The
Suspension Of the writ does not au.
IhorzJ An illegal arrest lis only
effect is to prevent the release on blil
ot persons who haze been lDgaiiy
arrested upon such sworn testimony
is Is pruyIdcd Tor in the COnsti,ai ion.
A MAJ! may. a. legal fact, be lerri
we'd ot the benefit Of the writ of IT,
Ceaa COipHS, which is only a preljm
mary right To IN cXlmin stion Of the
lacIs Of his commitment, with all his
lights to Il speedy and public trial
by an impartial jury-all the rights
oI the jurisdiction Of the trinl--nt the
benefit OF coun,cl-of compulsory
process--Gnd Of information of the
cause Of tho notwithstanding
wholly untouched and Impaired 49,
The declaration Of martial law, how.
ever, ii legally AMI constitutioaally
done, woull necessarily work out that
result. becdnse wherever martial law,
as. contra distinguished from mere
military law, is righttully declared
all jurisdiction and power OF the orli,
nary civil tribunals, for the time be
ing, are utterly abolished. But ol
= these questions in their order.
1t is ny purpose, in the first place,
to show you, that the Presiient ofthe
| United States, 10y virtue OF his civil
authority Is the chieI executive off.
:. Ger OF the nation, has no power what
! ever over this writ. As | have al
ready stated 10 You, gentlemen, this
great Writ of Right OF the people, We
Inherited as part Of the common
law of England ; aud it exists even
now ontside and independent OF the
Constitution, So carly was this
manifest, aud 80 universally did the
trainers OF tnat instrument SO under
otanl it, that it 10 most singular
fac, that the right to this writ is not
ordained by the Constitution. The
only aiIuson toll in that instrument
is the proviso rs to its suspension,
thereby treating it as q pre-existiny
independent fact outside Of the Con
stitution itself. brig these facts
to your consideration Tor this purpose:
it it ia true that we borrowed this writ
from England, and have adopted it as
part Of the common law, without
any special enactment OF its provs.
ions in our own organic instrument
Of government, then f)ol OF light is
thrown upon the question ofintentiOu
Of the trainers OF the Constitution, as
to where the power OF it's suspension
is lodged, by ascertairing achO IN
Egtlnd had ibis great power, ante.
rjor to the time OF our Revolution
Even in that monarchy, and at a pc
ROD in its history when the preroga
tives Of tho crown, under the first
james, were rampant in their en-,
cruachments upon the privileges ofthe
people, this sovereign power OF sus
pension was u legislative, and not an
executive authority. No King OF
England since the arbitrary reign OF
Henry VIII, has been bold enough
to suspend this writ, withIu, the con
sent Of Parliament. Sir WILLIAM
BLACKSTONE, in the frat vuiumo OF
his commentaries upon the Laws o;
England, thus speaks Of The power:
'Of great Importance to the public is the
preservation Of this personal liberty for il;
once il were left in he poDcr Of any, the
highest, magistrate 10 iaIprisOn arbitrarily
iriomeUcr he or his gficers thought proper,
Us la F,unce is daIy p'actrel BY The
crown) there would soun be an end Of all