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

living and vital principles ~ PEACE AND
IN WAR, at all times and under all circum-
stsnces. No sophislry or argument can
shake this conviction. nor will the people
require its confirmation 6y logical sequen.
ces and deductions. 1t is conviction
deeply interviewer with the instincts, the
habits. and the education of our country
men. Tn risht TO form opinions up, N
public me ,sares and men, and to declare
ihosa opiaions y p ,rh 81 wiring, wi;h
tie M, Al dc rxpr ";th hit
OF persosa. lib r. u:ie-s rse.a a,..af-
ding to established laws. and for tie O.. s
previously defnei bs law The riIh, warn
accused of crime, To- be red wh-re law is
administered and punishment is pron"unc
Ell only when the crime is legally ascer-
tanned; all these are rights instantly per
ceived, without argument or proof No
refinement Of osic can unset,le them IN
the minds OF ireemen; no power can ami
hilaie them, aud no force at the command
OF any Chic. Magistrate can compel their
surrender.
Go far as II is possible for US to under
stand from your language the mental pro-
cess which has led you to the alarming
conclusions indicated by your communica-
ton. it is this: The ''hab as corpus" is a
remedial writ. issued BY courts and mag
istrates to inquire into the cause Of any
imprisonment or restraint Of liberty; on the
return Of which aud upon due examina-
ton the person imprisoned j. discharged if
the restraint is unlawful, or admitted to
bail ii he appears TO have been lawfully
arrested and held TO answer a criminal ac-
cusstion. Inasmuch as this process may
b suape ded in time of war. YOU seem t.
think snai every remedy for false and
unlawful imprisonment is abrogs'ed' AID
from this pos.ulate you reach at single
bound the conclusion that there is no lib
eriy under the constituli n which does
not depend on the gracious indulgence of
,ho Executive only. This great heresy
once established. AID by this III de of IN
dnrtio.., there springs al once into exist
cp,e brood u crimes or offences unde--
t;ued bY any rule. aud hitherto unknown
TO The laws OF this country; and this is fol-
lowed by ind discriminate arrests. midnight
sszures, military commits ions, unhearl Of
modes of trial and punishment, and all the
machinery OF terror and despotism. Your
language does not permit US TO doabt as
to your essential meaning, for you tell Us
that ARRESTS are made mot so much for
what has been done as for what probably
would be done And again: 1.-THE man
who stands b. and saws nothing when the
peril Of lis government is discussed can
not be misunderstood. Ii no. hinderad
Of coursG by arrest IA is sure 10 hel the
enemy, aud much aoru f iIe talks smbis-
uousy. -fai9. or his couurv win bu ;
snd lis and Ids Y n asp 4 Il, ut
The aires 60 paired ri have ~, b a.
made tor the treason iirel Ia ,he u
s.i!ution. nor "ior any capital or other
wise Infamous crimes, nor were the pro
ceedings following in any consliru' ional
or legal sense criminal prosecutors. -
The very ground. then, OF your juslifiica-
ton is that victims of arbitrary arrests
were ob dient 10 every law. were gui tless
Of any known aud defined offence, and
therefore, were without the protection Of
the constitution. The suspention Of tie
writ of "labeas corpus instead of being
intended to prevent the enlargement of al
rrsted criminals until legal trial and
conviction can bs had, is designed. sccor-
ding to your doctrine, to subject innocent
men to your supreme will and pleasure
Silence itsclf is punishable according 10
this extraordinary theory, and still more
SO the expression of opinions, however
loyal, if attended with criticisms upon the
policy of The government. We must re-
epectfully refuse our assent TO this theo-
ry of constitutional law. We think that
men may be rightfully silent if they SO
choose. while ciamorous and needy palri
OTIS pIoclai the raj es Of those wlo
WELD power; aud a to the ifs and the
"aods.' these are Saxon words and belJng
To the vocabulary OF freemen.
We have already said that the intu-
ition of a free people instantly rej-e,s thes,'
dangerous aud unheard of doctrines
Ii is not our pur use to enter upon al
elabori e and cxt-n.ed rcfutatIon OF them.
We II nit to YOU, however, one OF two
usld-rt'ions, ~ the hope that you will
review the subjcct with the earnest at
tention winch its supreme importance
demands. We say, then, We are not
aware that the writ of habeos corpus is
now suspended in any of the peaceful and