Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-04-16

ami yet tie air is filled with a clamorous
cry that these kings and this President
can escape this obedience by nullilying
with single word, the only peaceful
means which the people possess to en-
force it. 1t is the only legal means by
which the American citizen can resist ant
antagonize the most Infamous outrage,
against personal rights; and yet the doc
triRe is daily proclaimed here and else.
where that it is wholly left to the Execu-
tive to determine whether he will enjoy
the spectacle of people devoted to liber-
ty imploring not the law, but his elem
ency, through the iron CRATES of prisons
with less legal redress for their wrong.
than the dusky slave of the Carolinas.-
The writ Of haJeas corpus was originated
for the sole purpose Of controlling one
man and his subordinates; and yet it is
claimed, in this enlightened age, that that
very man can control it. 1t has been the
master of every Executive ever since il
was known among men; but in these
modern days the majority Of the Ameri
can Congress assert that the President oi
the United States has become its master.
You might as well lock the convict in bis
cell and give him the key, and expect to
find him there when you return, as to ex-
pect the Executive ruler of a nation to
abide within the limits of constitutional
restraint when the people have surrender
cd to him the only engine Of power which
they hold over the question.
You might as well expect an enemy
who had laid siege to q city to refrar
from entrance when the gates were thrown
open ana the sword delivered up, as tC
expect official station TO respect at all
times popular rights when all their safe
guards are abandoned to their ancient en-.
emy. Sir, the very purpose, the single
object for which the writ OF habeas corpus
has survived the lapse Of centuries ant
rocked the world with revolutions would
be utterly defeated if the President of tho
United States can suspend its operations
and paralyze it by his touch. 1t might
as we'll never have adorned the pages o
jurisprudence. 1t becomes a useless AM
idle thing by such a construction. 1t i
only needed when the Executive attempt
to deprive tho citizen of his liberty con
trary to law ard according to the con
struc!on of the supporters OF this Ad
ministralion, that attempt need never lai
for it is within the power Of the Presl
dent to remove every obstacle which
stands in his way by the suspension 0
this writ.
Let this construction be maintained
and the cause Of liberty recedes back in
to the twilight dawn IRON which it emerg
ell nearly thousand years ago. Ther
there was 10 law for the king except hi.
arbitrary WILL and there will be no other
lsw here now for the President. Every
effort made in behalf Of FREQ Governments
will have been in vain. Tho Baron
will have assembled in vain. John
llampden, on the plains Of Chalgrave,
will have died in vain. Our own martyred
host, robed in glory, who fell for freedom
on the battle. fields of the Revolution,
will have tasted the bitterness OF death in
vain The lights which have been hung
up over our heads by the wisdom and the
sul'ering5 of the past will all be stricken
down. MoyHa Chdrtd will fall from it,
exalted sphere like II falling star, and on
own Constitution, like the eagle towering
in his prido Of place, will be by nous
ing owl hawkcd at and killed. Ih
gloom Of absolutism will once more I'll
the sky, and it will only be left TO Amer
lean citizens to creep around in its shad
ows as secret and stoalthy mourners n
the tomb Of liberty. One mans suprem
acy, the everlasting foe to free institution
will be compete. In the place Of write
Institutions aud laws we will enjoy tn
Government of ono mind and one will
ombittered and swayed by the passions an
prciudices which make their home in ev
cry frai mortal breast. No, sir; thi
darling writ of the people, which la
causes the voLerabIc statesman to abOnnD
in warm and swelling periods Of euIo
gism. and the cool lips of tho judge t,
indulge in unwanted judicial cloquenco
this guardian of every home, this sam
in every irecman's calendar; this friend o
every liresidc this key to every dungeon
this Messiah Of the law, which comes to
redeem the lost and 10 visit those that ART
sick and ih prison, was not born to be
suspended aud cruciticd at the command
Of somc ruling Cesar. Tho people who
made it, and who own it by the titIo OF
hrndred battles fought Tor its princi.
pies, can alone through their representa-
tircs. say when they are willing to waive
for season its protection and enact its
temporary suspension, Not only is this
the law. as decided by every cour. in the
history Of English aud American iuris.
prudence; but it is also the law deci-
ded by every maxim Of reason, by every
principle Of political philosophy.
II ! err, Mr. Speaker in asserting that
the Parliament alone in England, and
the Congre., alone in the United States
can Judge Of the necessity ANA exercise til,
power OF suspending the wit Of hoJea,
rOypus, err in most noble company.
am but following at an humble distance
in the footsteps Of those whose iluStrious
names have long since become pro.
verbs OF wisdom and Justice, If am
lost and going 0stray IN tho doctrines |
have enunciatcd 70 day, am consoleJ
with the reflection that am wanderin,
with Blackstone, with Hale, with Mans
field, with Coke. that share my delu
sion with Kent, with Story, aud wit
John Marshall If | am insonoeaible d
this time to the claims Of modern polit
cal lawyers, it is Aecause my mind is al
sorbed in the contemplation OF the teacl