East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-07-28

the vocabulary OF trcemen.
We have already said that the intu
ltion OF free people instantly reiect
these dangerous and unheard of doc
trlnes. 1t Is sot our purpose to .cnte
upon an elaborate and extended ref
utatlon of them. We submit; to yo,
however, one or two considerations
IN the hope that you will review tn,
subject with the earnest attention
which It's supreme importance demands
we say, then, we are not aware thai
the writ of habeas coypus is now suspen
ded in any of tho peaceful and loya
States of the Union. An act of Con
gress approved by you on the Sd day o
March, 1868, authorized the Presidcn,
to suspend it during the present rebel
lion. That the suspension is a legisla
tive and is not an executive act, has
been held IN every judicia! decision ever
made IN this country, and we think il
cannot he delegated to any branch OF
the government. But passing over
that consideration, you have not yet
exercised the power which Congress at
tempted to confer upon you, and the
writ is not suspended in any part of the
country where the civil laws are in force.
Now, inasmuch as your doctrine of the
arbitrary arrest and the Imprisonment
OF innocent men, in admitted violation
OF express constitutional guarantees, is
wholly derived from suspension of the
ha6eaS corpus, the first step to be taken
IN the ascent to the absolute power,
ought to be to make it known to the
people that the writ is in fact suspenr
ded, to the end that they may know
what Is their condition. You have not
yet exercised this power, and therefore,
according to your own constitutional
theses, your conclusion falls to the
ground. 1t is one of the provisions of
the constitution, and Of the very high
est value, that no er post facto law shall
be passed, the meaning OF which is,
that no act which is not against the law
when committed can be made criminal
by subsequent legislation. But your
claim is, tha. when the writ of haJeas
corpus is suspended, you may lawfully
llnpnson and punish for the crimes of
silence, OF speech and of opininion.
But as these are not offences against the
known and established law of the land.
should, before taking cognizance OF
such offenses, make known the rule OF
action, in order that the people may be
advised in due season, so as not to be.
come liable to its penalties. Let us
. t, hn pla
and indefensble Of all the assaults upon
constitutional liberty, which have mark
ed the history of your administration.
No one has ever pretended that the
writ of habeas corpus was suspended IN
the State of Ohio, where the arrest of
a citizen at midnight, already referred
to was made, and he placed before a
court martial for trial and rentence, up
on charges and specifications which adj
mitted his innocence according to the
existing laws of this country. Upou
your own doctrine, then, can you hesi.
tate to redress that most monstrous
wrong?
But sir, we cannot acquiesce in your
dopmas that arrests and Imprisonment
without warrant of criminal accusation
in their nature lawless and arbitrary, op
posed to the very letter of constitutions
guarantees, can become in any sense
rightful, 10y reason of suspension o
the writ OF habeaS corpus. We deny
that the suspension of IA single and pc
culiar remedy for such wrongs brings
1. al
of offences, or new causes Of deprivlng
men of their liberty. 1t is one of the
most material purposes of that writ to
enlarge upon bail, person who, upon the
probable cause, are duly and illegally
charged with some known crime, and ;
suspension of the writ was never askeC
for in England or in this country, ex
cept to prevent such enlargement wheI
the supposed offence Vas against th'
safety of the government In tho yea
1907, at the time of Burr's alleged con
spiracy, bill was passed in the senat
of the United States, suspending tn
writ Of habeas corpus for a limited tim
an all cases icheye persons Nere charge
on oath ,cith treason, or other high cram
or miSotemcanor endangering the peac
or safety of the government. But ou
1 doctrine unoisguisedy is, that susper
sion of this writ justihes arrests withou
warrant, without oath, and even will
out suspicion of treason or other crlm'
Your doctrine denies the freedom {
: speech and of the press. 1t invades Il
, IFS" and tho "buts" of the English lal
guagc, and even the refuge of silence
Insecure.
We repeat, a suspension of the wr
: of haJcaS corpus merely dispenses wi,
. a single and peculiar remedy against
unlawful imprisonment; but if that reu
e edy had never existed, the right to IL
. erty would be the same, and every u
, vasion of that right would be condemn
6 cd not only by the Constitution, but b
/ principles of far greater antiquity tina
/, the writ itself. Our common law is M
}. at all indebted to this writ for its actio
9 of false imprisonment, and the actlo
!. would remain to the citizen, if the wr
Y were abolished forever. Again ever
4 man, when his life or liberty is threa
1 ened without the warrants OF law, ma
e lawfully resist, aud if necessary IN sci
). defence may take the life of the aggrc
sor. Moreover, people of the counts
Y may demand the impeachment OF tt
0 President himself for the exercise of a
0 bitrary power. And when all these rer