The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1863-07-22

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,an war, we're they .swarring upon the mill
tary." and did this egive the military con.
stitutionai Jurisdiction to lay hands upon"
them And, finally, the charge in the spe-
cifcation uron which Mr.. Valandigham was
tried entitled him t., trial before the .ivil
according to the express provisions |
Of the late acts of Congress, approved by your |
self, July 18th, 1862, and March Sd, 1868,
which were manifestly designed to snpersede
all necessity or pretext for arbitrary military
arrests. aa = /
The undersigned are unable to agree with
you in the opinion you have expressed, that
The Constitution is different in time oe insur-
rection or Invasion from what it is in time OF
peace and public security. The CONSTITUTION
provides for no limitation upon or exceptions
to the guarantees of personal liberty. except
as 10 the writ of Fhdbeas corpus. Has the
President, at the time of invasion or Insured
ton, the right to engrett Limitations or excep-
tions upon these constitutional guarantees,
whenever, in his Judgment, the public safety
requires it True it is, tn article of the Con-
stifution which defines The various powers
delegated to Congress, declares that ..the priv
ilege of the writ ofhabeas corpus shall not be
suspended unless where, in cases of rebellion
or invasion, the public safety may require il"
But this quail; fcation or limitation upor this
restriction upon the powers Of Congress, has
no reference to or co1ucction with the other
constitutional guarantees Of personal liberty
Expunge from the Constitution this limitation
upon the power of Congress to suspend the
writ Of habeds corpus, and yet the other guar
antees of personal liberty would remain un-
changed.
Although man might not have consti-
tutional right to have an immediate investi-
CATION made as to the legality of his arrest
upon habeas corpus. yet his fright to speedy
and public trial by an impartial ju,y of the
State and district wherein the crime shall have
been committed, !" will not be altered neither
will his right to the exemption from "cruel
and unusual punishments )" nor his right to
be secure in his person, houses, papers and
effects, agai1st unreasonable searches and se'z
ures nor his right not 10 be deprived of life.
liberty or property without due process of law
nor his rig hit not tn be held to answer for
capital or otherwise infamous roffeuse, unless
on presentmeHt or indictment of a grand jury.
be in any wise cha ged And certainly the re-
>frictiun upon the power of Congress to suspend
the writ of kd5eus corpus, in time of insurrec-
ton or invasion, could not effect the suaran
te that the freedom oe speech and of the press
shall not be abridged. 1t is sometimes urged
that the proceeding in the civil tribunals are
TOO tardy and Ineffective for cases arising in
times of insurrectiun or invasion. 1t is full
reply to this to say, that arrests by civil pro.
cess may be equally as expeditions and effect
i've as arrests by military orders True,
summary trial and punishment are not allowed
in civil courts. But if the offender be under
arrest and imprisoned, and not entitled to a
discharge on the writ of hdbeds corpus, before
trial, what more can be required for the pur-
pcse of the Government The@idea- that all
the constitutional guarantees of personal liber-
ty are suspended. throughout the country, at
a time oe insurrection or invasion in any part
of it, places us upon sea Of uncertainty, and
subjects the life, liberty and property OF every
citizen to the mere will of a military commau-
der, or what he may say that he considers the
public safety requires. Does your excellency
wish to have it understood that the rights of
every man throughout this vast country are
subject to be annulled whenever you r,dy say
that you consider the public safety requires it,
in time Of insurrecton
You are further reported having said
ttat the constitutional guarantees of personal
liberty have 'no application TO the present
case we have in hand, because the arrests com
n aimed of were not made for treason-that is,
not for the treason defined in the Constitution,
and upon the conviction of which the punish
ment is deafh-nor yet were they made to
hold the pt rsons to answer for aLy capital OF
otherwise Infamous crime nor were the pro-
-
| gal sense .crininal prosecutions TIE arrests
were made totally on different grounds, and
| the proceedings following accorded with the
| grounds of the arrests" etc.
The conclusion to be drawn from this posi-
ton OF your Excellency is. that where man
/ is liable 10 ga criminal prosecutions" or Is
/ charged with crime known to the laws of the
land, he is clothed with all the constitutional
| guarantees for his safety and security from
/ irsr1 br,t tfa.1 uvb he iS
liauie to a.'criminal prosecution or charged
with any crime known to the laws, if the Pres
ident or any military commander shall say that
he considers that the public safety requires it
/ this man may be put outside OF the pale OF the
| constitutional guarantees, and arrested without
charge of crime. imprisoned without knowing
what for: and ary length OF time or be tried
before court martial and sentenced to any
fkind of punishment, unknown to The laws o
the land, which the President or the military
/ comma j der may sse proper to impose. Die
I the Constitution in end 10 throw the shield o.
its securities around the man Liable to be
| charged with treason as defined by it. and ye
4 leave the man, not liable to any such charge
unprotected by the safeguards of personal lib
Arty and personal security? Can man no
ia the military or naval service, nor withiI
the field OF the 5operati ms of the army, be ar
rested and imprisoned without ary law of thu
laud to authorize II? Gang man thus, II
civil life, be punished without any law sfnins
i the oHense, and prescribing the punishment
Ii the President or a court martial may pre-
j scribe one kind of punishment unauthorized
by law, why not any other kind Banish-
ment is an unusual punishment, Aud unknown
to our laws.5 If the President has the right t
prescribe the punishment of bapishment, VIII.
4 uot that of death and confscation Of property
! If the President had the right to change tn
runishnent prescribed by the court MARTA
4 from imprisonment to Punishment, why no
from imprlsonnent to torture upon the rack
or execution upon the gibbet? xg
If an indsinable kind of constructive trea
son is to be Introduced and engrafted upon tn
Constitution, unknown to the laws of the lane
ard subject to the will of the President when