The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1863-07-16

new one that suits them better Nor is
this right confined to cases where the
people Of an existing government may
choose to exercise it. Any portioo OF
such people that can NAV reyo.uti. nlz-
and make their own of so much f he
territory As thy inhabit. More than
tbs, r1aj ritz of any portion o! such
peonle may revolu;ionize. putting down q
minority inter ingip.i with or near abom
item. who may pos then movements
Volnme 8, Congressional Giobe.
T. 94). Sacn re your opin.ons, and
you had constitutional risht to declare
them. II a citizen now should utter een-
timents far less dangerous in their tn
dencv, your t military commau1ers
would consIgn him to dungeon. or 10
the tender mercies Of court mart al and
you would approve he proceed n
IL cur delbera'e judgment, tn cca
>titution Is not optn 20 IA lew in:er..r..
tation suggested b, vour communi, a. .or.
now before Us. We think every par Of
thai insrum.ut i harmoiii,us .nd con
s.stent. The possible suspension Of tn,
writ OF hobeas corpus is cunsisteB. with
| freedom of speech and of the press. ihs
suspension of that remedial process may
proven: the enlargement of the accused
traitor or con- piIator. until he shall BE
legally tried and convicted or acquitted,
but in this we find no justification for ar
rest and Imprisonment without warrant
without cause, without the accusation or
suspicion of crime. 1t seems to Us, more
over, too plain for argument. that the
sacred right OF trial 10y jury. and IN courts
where the law Of The land is the rule of
decision. is righ. which is never dor
maut, never suspended, ia peace ul AID
H., al .mmuniiic, aud States WEI vou.
Mr.. President, maintain thar, because the
writ of habeos corpus ,aay b. in sus peu>e,
you can substitute soldiers and bsyonels
for the peaceful operation Of the Jaws,
military commissions and inQustorisl
modes OF trial for The courts aid llries
pre>cribrd by the constitution it~eif?-
Aud, if you cannot maintain this, then let
us ask where is the justification for the
monstrou, proceeding In the case of a
citizen OF Ohio, to which We have ca led
your attention? We know tia; FecIeani
Judge, whose name has already descended
to rnerited contempt, found the apology Oh
the outside Of the supreme and fundamen'
tai law OF the constitution. But his i npt
the foundation on which your supers ruct
ure of power is built.
We have mentioned the act of The la,,
Congress protessing TO author.za su'-
pension of the writ OF ha5eas corpus
ihs act now demands your espec.ai al
;eution. because i; we are not greatly l..
error. lis esms and pam in.,niio 5 are
directly opposed ali he arg .meuts and
con fusion ot yous communication. Thai
2ct. he-i ies pruvi~in. hat ,hy hobeoS cor
puS Nay be sus; ended Expressly com-
mands that the names OF ali person. there
toiore or thereafter arrested by @uihoiiy
OF the President, or his Cabinet mi is
being citizens of S.a;es IN which ;he al
minstra ion of the laws has continued
unim paired, hail bs ratdrne.! 10 courts OF
the United States Tor the di, ic; L
whic1 >uch persoas reside. y IL wtlrh
their supposed otiences WEE c,mm IL
and such reiuru b - : made. ii tue x
grand Try attending the court does no.
ndict the alleged offcnders, then the
Judges are commanded to issue al order
for their immediate discharge from im
pri>onment. Now. We csnnot help ask
ing whether you have overlooked thi, LAW
which most assured you are bound to
observe, or whether it be your intention
to disregard it? Its meaning certainly
capnot be mistaken. Bv it the national
Legislature has said that the President
may suspend the accustomed writ Of
habeas corpus. but at the same time it has
commanded that a arrests under his
sathori,, shall be prompt, made ksown
10 The courts oi justice. and that IA, "a
cused parties hal be liberated, unless
presented by grand jury according to-
the constitution, and tried by jury ini
;ho ancient and accustomed mod. The
President may. possio y. SO far a> Con
gress can give the right. arrest without
legal cause or warrant. We certainly deny
that Congress can confer this right. be
cause i, is forbidden by the higher law of
the constitution But. waving that con-
sideration. this statute. by its very terms,
promptly removes the proceedings in
every case into the courts where the
safeguards OF liberty are observed, 40
~ whera iha naranps dat.inad ar,a D., ba d.