The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-07-15

5 Government. We must resp cttully Te'uS
our assent to this theory of constitutions
/, law. We think that men may be rightiulIy
silent il they so choose, Will clamorOus ARK
needy patriots proclaim the praises OF thOs,
who WELD power; and a. TO the "blts," anC
the "iis" and the lands" these are SsxDl
words and belong 10 the Vocabulary Of free
! men.
We have already said that the intuition oi
free people instantly reject these danger
Gus and unhrad OF doctrines. 1t is not oui
purpose to en- er upon au elaborate and ex-
tended refutation OF them. We submit tC
you, however, one or two considerations, in
the hope that you will review the subject
with the earnest attention which its supreme
Importance demands. We saw, then. we are
not aware that the writ OF hqJtds corpus j.
now suspended in any of the peaceful and
loyal States OF the Union. An act of Cen.
gress, approved by you on the Sd Of March
1868, authorized the President to suspend it
during the present rebellion. That the suS>
pension is legislative, and not an executive
act, has been held in every jud cisl decision
ever made in this country, and we think it
can not be delegated to any other branch oI
the Government. But passing over this
consideration, you have not exercised the
power which Congress attempted TO confer
upon you, ard the writ IS not suspended in
any part of the country where the civil laws
are in force. Now, inasmuch as your doc
trine Of the arbitrary arrest and imprson
ment of innocent men, in addition violation
OF express constitutional guarantees, is
wholly derived from u,penson Of the
habeas coapas the first step to be taken in
the ascent to absolute power oughtto be to
make it known TO the people that the writ
is in fact suspended, TO the end that they
max know what is their condition. You
have not yet exercised this power, and there
FORE according to your own constitutional the
sis, your conclusion falls to the ground -
! 1t is ono Of the provisions Of the Constitu
ton, and Of the very highest value, that no
ca post facto law shall be passed, the mean
ing 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 that when the writ OF habeas
corpus is suspended you may lawfully i'm
prison and punish for the crimes of silence,
of speech, and opinion. But as these are
not offenses against the known and estab
lisbed law OF the land, the constitutional
principle to which We now re er, plainly re-
quires that you should, be ore taking cogni-
sance OF such Ottenses, make known the
rule of action, IN order that I he people may
be advised in due season, so as not to become
liable to its penalties. Let US turn your
attention to the most glaring and indefensi
BILE of all the assaults upon constitutional
liberty, which have marked the history Of
your Administers lion. No ore has ever pre-
tended that the writ of habeas corpus was
suspended in the State Of Ohio, where the
arrest Of citizen at midnight, already re
ferred to- was made, and he placed before a
court martial for trial and sentence, upon
charges and specifications which admitted
his innocence according to the existing laws
Of this country. Upon your Own doctrine,
then, can you hesitate to redress that mon
strOus wrong?
But, sir, we cannot acquiesee in your dog
mas that arrests and Imprisonment, without
warrant or criminal accusation, in their ma
ture lawless and arbitrary, opposed to the
very letter OF conshtu ional guarantees, can
become in any sense rightIul, by reason Of
suspension OF the writ Of habeas corpus. We
deny that the su pension Of q single and
peculiar remedy for such wrongs brings into
existence new and unknown classes OF often
ses, or new causes Tor depriving men Of their
liberty. 1t is one of the most material pur.
poses OF that writ to enlarge upon bail, per.
sons who. upon probable cause, are duly and
illegally charged with some known crime,
and suspension Of the writ was never ask
ed for in England or this country, except to
prevent such enlargement when the suppos-
ed offtnse was against the safety Of the Gov
ernment. In the year 1907, Mt the time OF
Bun's alleged consfiracj, q ill was passed
in the Senate Of he United States, suspend
ing the writ OF habeaS corpus for limited
time in all cases aotere persons a0ere charged
on oath with treason, or othe' high crime o'
mjsaeD1eonor, endan ering the peace or safety
OF the Government. But your doctrine un,
disguisedly is, that q suspension OF this
writ uslfies arrests without warrant, with
out oath, and even without susplction o
treason OF other crime. Your doctrine de-
nies the freedom of speech and OF the press.
1t invades the sacred domain Of opinion and
discussion. II denounces the 'ifs' and the
"buts" Of the English language, and even
the refuge Of silence 10 insecure.
We repeat, a suspense on the writ OF hd
beas corpus merely dispenses with single
and peculiar remedy against an unlawful
| imp, isonnent; but il that remedy had never
existed, the right to liberty would be the
same and every invasion OF that right would
be condemned not only by the Constitution,
but by principles of far greater antiquity
| IL an the writ itself Our common law is not
at all indebted to this writ for its action OF
false Imprisonment, and the action would re
ma n to he citizen, il the writ were abolish
ed forever Again, every man, when his lie
OF liberty is threatened without the warrant
Of law, may Lawful ly resist, and if necessary
in selfdeh nse nay take the life of the ag
g essor. Moreover, the people OF this coun-
try may demand The impeachment OF the
President himself for the exercise OIL btrary
power. A nd when all these remedies shall
prove lnGdequa for the protection OF iiee
institutions, there remains, in the last resort,
the supreme right Of revolution. You once
announced this right with latitude OF cx
preston which may we'll be considered dan~
gerous in the present crisis OF our national
Bistory. You said: HAny people, anywhere,
being inclined and having the power, have
/ the right to rise up and shake off the exist
| ing Guvernlnent and form a new one that
suns them letter. Nor is this light ccnfn-
ed 10 cases where the people of the'existing
| Government may choose TO exercise it,,
Any portion Of such people that cam may
reyolutlonize and make their own o SO much
Of the territory as they inhabit. More than
this majority OF any portion Of such people
may re, olutionize, putting down a minority
inleimingled with or near about them, who
i may oppose their movements. ."-(Vol 10,
Congressional Globe, page 94) Such were
your opinions, and ou had a constitutional
right TO declare them. II a citizen now
should utter sentiments far less danger Gus
in their tendency, your nearest military
/ cnmmnndfr r runnlh con ain n him to n duncan