The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1863-05-20
TCSatdlaed from Eoir,h oooey

And now. sir. listen to 1thc aosNer of
ilton to all this-himself the friendsof / strong
Government, a Senate for life. and an Execu..
tive for life, with the sole aud exelusivep now
er over the militia, to be held by the national
81 Government; and the Exec1tire of each Stat
TO be appointed by that Government:
eff there should be any army to be made
1Rseo of as the engine of despotisan, what need
# the militia Z II there should be no.army.
"A = sS3hlr storzd he rsi7ifia. frr;tatei of Is;aa =
4a6Ssdk undeTf1ke a distant and disfressSnqc E-
petition for The pa1po.e Of riueting The ekaixsc Of
stsrery upon a part of tAeir cnuntyuren, direct
tkei, coprse. BUT TO THE SEATS OF THE TY-
@zA-rs wHo nAe MEDfrATED so FOOLISH AND
-c1c yFsqe WICKED PROJECT I; TO CRUSH THEM IN
-s0oefT FEIRI IMAGINED N-TRENcHMENTs oFPowER
,s59fsshsp MAKE THEN AN EXAMPLE, oFfTHE VEN
,m-ssreEAEcEs OF ANfABuEzDi AED INcENsED PEG
.ssodTTLE Z lsthisthe war, In which usurpers stride
mn ss~aesdsminiol over a humerous and enlightened
n ton ration = sjs-s3sassnhEI7 ysks s5fT
no s.Btu Sir,sMr Hatnsltonswas an earnest, sincere
nor man, and, Ideabtlesss wrote what he beloved
-cof bh.Eas an able man, also, philosopher ; and
-ha sdye. bow little did he fozsee' i6at just seventy
.uemcfve years.later, that came Goyerunent, which
z64 a5ler% striving to- establish, would, IN desper.
90 ao4tsf 1s, attempt to. seize the whole militia
n1Hss 81 he5s5ian and convert them into a stan.
dsase ding army, indefinite as to the time Of its SER
rig ETices endf seref the very purpose of not only
sros 9tssiag DOWN sStatssoyereignties bat of ahol-
Il ba1SliRg exeasthe edemestie and social institu-
lions of the States. sosas.rf u JraN 98f
.cn-g s!5Sfrs if your objects are constitutional, you
dstf1 haye power apundantly under the Constitution,
SD sitAcnrs ATTRACTION .or usurpation. The mon
snsa1Hvhei framed that instrument made it both for
ssn5R yaf and peace. Nay more, they expressly
ssda ptoNiie8 ferieithe cases of instruction
sad sshnd febe.liou.s Yon have ample power to do
e.ni anitha. ofrieht son ought to do--all that the
81 asd 9 eple. yous masters permit under their su.
1sd5i3seDfe viii, the .CtshstiHtans2 Ceufnc, then,
-nsus x,esselres withinrthese limits, and the rising
.sssfosErrm of popular discontent will be hushed. -
aofsssrB atoI return .ancwh again to the arbitrary
sqsozs.sssa sanctioned. byG this bill, and by that
.tnassSi,er summation of despotism ,athe indemnity
saesEa-d suspension bill now in the Senate. Sir,
so,hfsi Is the very questions which, as L said u liz
7osass while aro,sRe made q chief issue before the
sfi ~sslifopIe in the late electi sns. You did, then,
aid 10 Stihttiy claim--and you kound AM Attorney.
",ss3r1tsucral and a few other yenal or Eerylvenera
al yh,{e liwyers 10 defend the manstrous claim
- Snfhate the President had the right to suspend
,sJ5o3the3 writ oe habeos corpus and that eve.
Is13gsy one of these arrests was legal ard justifa-
.uoy ble.5s1We went before the people with the
nosstioustjtufio and the laws in our hands, and
-HDosate love Of liberty in our hearts and the yer
bsoie4isttofthe people rendered against you- We
10 ,eissiFed Congress alone could suspend the writ
edt eflf6abfds corpits when, in cases of rebellion
-95 ben inrasioh,s tie public safety might require
nsvs b4sA nd to day sir that is beginning to be
ri bs9aif theaaeknowiedged doctrine. The Chief
ooInatiee ofthe Supreme Court of the United
s1oTS tatrssolruled in the Merryman cause and
7ossftfc Sapreme Court of Wisconsin, I rejoice to
\ ,no5fssryh has H.ndered a like decision ; and if the
oil qrest;on.be ever brought before the Supreme
4;ES G0urtfOf the 0nlteQ states, undoubtedly 1t
rs Ggi1f be 81 decided, finally and fo.ever. ioI
d3f1 yourselves now admit it and at this moment,
oidesy~urs sindennity bill' almecsure more execra-
ed .tfes hanievenfh is consumption, and liable to-
sEs erysobjention HhichtI have urged against it,
E ssuIer.nkc to authorize the President to srs
asfgjepaahe writ all over oria any part Of the
10 A uitsd Sta.esa9 Sir, / deny that you can thus
delegate your right to the Executive. Even
bies .pnr 0wni power is conditional. Fou can rot
suspend the writ except VIII. re the public safe
q n45 requifcs land then only in eases of rebel
roia lion or jnEasions "A foreign var, not brought
accidentally ihxasion, 10 our own soil, docs not
10 ssautborize the Suspension, in any case. And
eresvhe il to jadge Eether aud where there is re
Ia .bellion Or I'M asiop, and vether and when the
rubfc safety requires that the writ be suspen-
edf deds1 yFopgtess alone, aod they cannot sub
eoyiztihute the judgment OF the President for their
vnbuns5dSneh; foo, is the opinion of Story
,ssY"ThesHghta6 judge says he, "whether ex-
iTsditcIey ms aaast ezclHsiuely belong to
OF dhs body.ya But cot so under the bill which
.nospsssed this House the other day4kAL
BIZ xiNopi is this ALL Congress alone eansuspend
bqsahe writ The and wheIef Ia-Hses of re
nj Aellibd OF invasioa- Where rebellion Where
ala sarasioR ? Am ! to be told that because there
douis rebellion in South Carolinalthe writ of hd-
sdt lsas rorp,ss can be suspended in Pennsylyania
basand Massachusetts where there isnone? Is
ri a}saf.ah neaning of the Constitution No,
ash sire the writ can be suspended only where the
rebellion orsinvasi1n exists--in States or parts
-sb ef1Siates; alone, where the enemy, foreign or
suofdsneftiei IN found IN arms and moreover, the
o:Gdp1blff safeay can require its suspension only
20 1where there is rebellion or inyasion rs Outside
-sssof these conditions. Congress has no more au
5asftofitJf TO suspend the wit than the President,
ed snd,jeast of al, to it without limita
motion as Atohntime, and generally all over the
-4oEnien, ard ia States not Invaded or in rebel
lou Ensb an act of Congress is of no more
sa'dify,aBd no more entitled to Obedience,
than aH executive proclamation and in my
Just and impartial. court I venture to safhrm
that;i il will be so decided.
bur again, sir, even though the writ be con-
stiiutionaIly suspended, there is no more pow
eHiienr in the President to make asbitrary arrests
sAd fban without it: The gentleman from Rhode
-9SfslahS4 Mr.: Shefield1 said, very justly-and /
II am sorry 10 see him lend any support to this
oesbiil4that the suspension of the writ ofha5eas
corpus does not auth orrLe arrests except upon
S worn warrant, charging some offence known
NJ to the iawsand dangerous to the public safety.
-T,Hc IS rfgb.. 1t does not; and this was SO admit
"a sed 10 tie bill wh.ch passed the Senate in
@tS67- The suspension only denies release
upon bal. e q discharge without trial, to par
fes thus arrested. It suspepds no other right
GO p~pfi4ileges under the NEUTRALITY-SUSPICIOUS.
..5i;;sn not she right to q speedy public trial by
sn5ufyy h. n civil court. It dispenses with no
sal. due process Of law" except only that partieu-
lar writ. It does not take away the claim for
dan ages to which a party Illegally arrested,
sssnzlegally arrested; but without probable cause,
is entitled.
;ro Ard ret, ~eyeryxhere, it has bean assumed
nj 49, o( 41o --;t 1F L.. ---.-