East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-07-28

J edies shall prove inadequate for the pro
!, lection OF free institutions, there remains
IN the last resort, the supreme right O
revolution. You once announced thi
right with latitude of expression which
) may well be considered dangerous in
the present crisis Of our national his
tory. You said . "Any people, any
where, being inclined and having the
power, have tho right to rise up and
shake of the existing government, and
form new one that suits them better.
Nor Is this right confined to cases where
the people of an existing government
may choosc 10 exercise It. ANY por
tion of such people that can revolution
ze and make their own of so much OF
the territory as they iDhabit. More
than this, majority of any portion of
such people may revolutionz5 putting
down minority intermingled with OF
near about them, who may oppose their
movements. "-(Vol 10, Congressional
Globe, p. "a Such were your opin-
ions, and you had constitutional right
to declare them. If a citizen now should
utter sentiments far less dangerous ip
their tendency, your nearest military
commander would consign him to a
dungeon, or to tho tender mercics of a
court'martial, and you would approve
the proceeding.
In our deliberate judgment the con.
stitutloI is not open to the new inter.
probation suggested by your communi
cation now before us. We think every
part of that instrument is harmonious
and consistent. The possible suspen.
sion of. the habcas corpus is consistant
with freedom ofspeech and ofthe press.
The suppression of that remedial pro.
cess may prevent the enlargement Of the
accused traitor or conspirator, until he
shall be legally tried and convicted, or
acquitted but in this we find no iustif.
cation for arrest and Imprisonment with.
out cause, without the accusation or
suspicion of crime. 1t seems to us.
moreover, too plain for argument that
the sacred right of trial by jury, and in
courts where the law of the land is the
rule of decision, is a right which is new
er dormant, never suspended, in peace
tul and loyal communities and States
VIII you, Mr.. President, maintain, that
because the writ Of ha5eas corpus may
be Ia suspence, you can subs itute sol
dlcrs and bayonets for the peaceful on.
a,s.ti@...-e-Ai--yi---
constitution itself? And If you cannot
maintain this, then let us ask where is
justification for the monstrous proceed
ing in the case of a citizen of Ohio to
which we have called your attention
We know that a recreat Judge, whose
name has already descended to merted
contempt; found the apology on the out
side of the supreme and fundamental
law of the constitution. But this is not
the foundation on which yoursuperstruc-
ture of power is built. We have men.
toned the act of the last Congress pro-
Tossing to authorize a suspension OF the
writ of habeaS cnrpuS. This set now
demands your special attention, because
if we are not greatly in errcr, its terms
and plain intention are directly opposed
to all the arguments aud conclusions OF
your communication. That act, provi-
ding that the haJeaS corpus may be sus-
pended, expressly demands that the
names of all persons therefore and there
after arrested by authority of the Presi.
dent, or his cabinet ministers, being
citizens of States in which the admins
tration of its laws has continued unim.
i pared, shall be returned to the courts OF
the United States for the districts in
which such persons reside, or in which
their supposed offences We're committed;
aud such return being made, If the next
grand jury attending the court does not
indlct the alleged offenders, then the
julges are commanded to issue an or
der for their immediate discharge from
imprisonment Now, we cannot help
asking whether you have overlooked
this law, which most assnredly you arc
bound to observe, or whether it be
your intention to disregard it? It.
, meaning certainly cannot be mistaken
BY it the national Legislature has said
that the President may suspend the &c
, cuslomed writ of hdbeas corpus, but a
, the same tiino it has commanded tha
, all arrests under his authority shall b'
} promptly made known to the courts o
Justice, and that The accused parties
, shall be liberated, unless presented b.
r grand jury according to the constitu
: ton, and tried 10y jury in the anclen
I aud accustomed mode. The Presiden
!. may possibly, SO far as Congress ca
J. give the right, to arrest without leg;
# cause or warrant. We certainly den
g that Congress can confer this right, b'
!. cause it is forbidden by the law of th
IS constitution. But, waving that col
sideration, this statute by its very term
il promptly removes the proceeding IN e'
h ry case into other localities where tn
n safeguards of liberty are observed, an
, were the persons detained are to be dis
}. charged, unless indicted for crimin0
!. offences against tho established and az
:. certalned laws of the country.
v Upon what foundation, then porml
n us to ask, do you rest the pretenslor
II that men who are not accused OF crin
n may be seized aud imprisoned or bar
n ished at the will and pleasure of tn
il Preside~, or any other of his subord
y mates 10 civil and military positions
/. Where is the warrant for invading th
v freedom of speech and of the press 2
t. Where is the justification for placing tn
s. citizen on trial without the presentincn