Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-01-27

Upou examination Of the ordinances
and proceedings of the various (secess,on)
it will he found, by their
own showing, that, although there had
been great provocation, no grievance
existed sufficient TO justify revolution.
One OF the chief complaints was that
the then recent election had resulted 10
tho triumph OF sectional party, aud
that the incoming administration, judg-
ing from the antecedents of It's mem
bers, would probably violate the con-
stitu,ional rights OF the southern people.
The President, although not receiving
majority of the popular vote, was new
ertheless legally elected, and apprehen.
sion of prospective unconstitutional &C
ton on his part did not warrant the dis
ruption of the government.
ILLEGAL ARRESTS.
The war now in progress was, with
unanimity, declared by Congress to be
waged on the part Of tho United States,
not tor any purpose OF conquest or sub
jugation, ovcrthrowipg or interfering
with the rights or established institu-
tons of the States, but to defend and
maintain the supremacy of the constitu-
ton, and TO preserve the Union, with
the equality and rights of the several
States unimpaired. This was tho only
legitimate purpose for which the war
could be prosecuted, and with this pur-
pose in view, the people Of the Loyal
States responded to the call OF the gov
eminent. 10 accepting the stern reali'
Nv of war for the maintenance OF the
constitution, they had night TO expect
that their own constitutional privileges
would be respected. They did not OK
pcct that, in order to suppress rebellion,
| the inalenable liberties of loyal citizens
must be sacrificed. They did not ex-
poet that the constitution Of the United
States was SO impoieut that its suprema.
cy could only be maintained by q viola
ton OF its provisions.
Citizens of this State have been seized
without due process OF Law, without the
opportunity of investigation before com
hitting magistrate, without being con-
fron,ed by accuser or witnesses, with
out being informed Of the cause OF de
.ention; and without indictment or
trial, have been forcibly taken and con-
fined as prisoners ont OF the State OF N.
jersey. Such action is violation Of the
rights Of tie individual. 1t demands Sc
rlous consideration. 1t concerns every
man in tile community. 1t is the priv
ilege as well as the solemn duty Of free
people to inquire into any claim Of
power which infrnges upon the well.de-
fined guards of per.onal liberty.
The constitution Of the United States
provides that 20 warrant shall issue
except upon probable cause, supported
by oath or affirmation )" that" mo per-
son shall be deprived OF his life, liberty,
or property without due process OF law
and that "thc accused shall enjoy the
right to speedy and public tria by an
impartial jury OF the State and district
where the crime shall have been com.
mitted, and TO be informed Of the nature
and cause Of the accusation, and to be
confronted by the witnesses against
him.
PERSONAL LIBERTY AN ABSOLUTE RIGHT.
Personal liberty is one OF the ALSO
lutte rights OF men. It's protection is
one OF the primary objects of govern
ment. Under our system courts Of law
are established TO try criminals Of every
grade. The Federal and State courts,
having their defined and proper jurisdlc-
ton, have continually been accessible
Tie law points out the mode of proceed
ing against the alleged offender, and
whatever may be the nature OF the crime,
the courts in New jersey will fairly in
yestigate the charge and punish the
criminal, il legally convicted. If any
citizen OF New Jersey be guilty Of the
high crime OF treason, let him be pun
lshed but his guilt should be establish
ed by the same Judicial means that the
law awards to the meanest culprit.
THE Rights OF NEW JERSEY TO he PRO.
TECrED.
Whatever legal and constitutional
powers are vested in the Executive OF
New Jersey, Tor the protection Of the
Lawful rights Of the citizens of the State,
will be exercised during my administers
ton. 1t cannot be that these arbitrary
arrests OF citizens, without due process,
and impr;sonments beyond the jnrls-
diction, are legslized by virtue OF au-
thoity emans,ing from any civil mag
istrate. Neither can they be justified
because OF any power flowing from q
military commander; f,r the persons
arrested were not in the military serv.
ice, and therefore not subject 10 what
is termed military law, and it is clear
principle that what is called martial law
cannot rightfully extend beyond the
field OF active operations OF the com.
msnder.
HABEAs CORPUS.
But illegal arrests would not have
been SO oppressive il the privileges OF
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