M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-03-05

r# ..uH. s.fI Ff1tA1f5'i -
without confirming the choice to any
officer of the Government" s1s'l
i This startling announcement is from
the leader of the Administration party
in Congress and may add shat the
course justified by him has been pro-
posed more than once by leading
journal in New York, an Influential
Organ ofsths sasie party = s.l,i-Es'va.s
}, AS another reason Why the public
mind was alarmed by the most extra
ordinary assumption OF power by the
Executive, ! have only to. say that
while no Judge and no Court has
intimated an opinion in favor Of the
right OF the President to snspend the
writ Of habeas cO,phS,iI have the
highest authority OF the Courts for
3 denying any such right. Ia the case
5 Of Merriman, Chief Justice Taney
, decided rs follows: atfly'
81. The President, under .he Constitution
| and laws Of the United States, can no. sus-
, pend the privilege of The writ of habeas
corpus, ncr authorize any military officer to
do 80. .'.....
"2. A military officer has no right to ar
J rest and detain any person not subject to
the rules and articles of war, or an offense
against the laws Of the United States except
in aid of the judicial authority, and subject
to its control and if the party is arrested
by the military, II is The duty Of the officer
, TO oliver him over Immediately to the civil
authority, TO be dealt with according to
law" .. .... H..I r.t
I Judge Hall, in the case Of Rev. NJ.
Benedict, says :i1 .f .i '."'.
D "The deliberate opinions Of Marshall and
Story, and Martin. and oftho other Justices
of the Supreme Court, who concurred in the
opinion of their Chief in the case Of Holl-
9 man and Swartwout, (4th Cranch, 75) sup
0 ported as they are, in my judgment. by un-
o answerable arguments, are decisive OF the
question, and constrain me TO decide that
. the President without the authority of
y Congress, has no constitutional power 10
t suspend the writ Of habeas corpus in tho
Y United States"
' | cite no other authorities now, be-
e cause | deem these to be sufficient on
n this subject. What, then, is our con-
8 dition in reference to arbitrary arrests,
@ and how is that the people Of the loyal
o North were sized with CONSERVATION
D when they heard that the Presi-
0 dent had disregarded this writ Of
, freedom, had snbverted the Constitu.
= ton, and proclaimed bis will as the
supreme law OF the land 2" The
e Bastile of France, after standing as
e tho synonym Of despotism for five
8 Icenturies, was attacked by the people
y in the revolution Of 1889 = the great
r ditch surrounding it was croSsed-its
/ walls were scaled and demolished, and
D the people who entered its cells found
/ engraven on its walls, by one who had
occupied its dungeons fifty years be-
. fore, these prophetic words:
"NerBaStiio shall be destroyed,
D and the people shall dance on tho
areas aohere IL stoOlp .a-.H .H.3
1t is a singular coincidence that the
, key of tnat noted prison was brought
here by Lafayette, and presented to
f Washington, as a trophy OF popular
5 triumph over despotic power, ane by
Fl Washington deposited at Mt. Vernon.
where it yet remains and that q
, fortress erected in New York Harbor,
to defend the State, named Lafayette,
| in honor OF that apostle Of liberty,
e should be the first place of imprisou-
=. ment selected by this Administration
for citizens arrested without law, 30
that Fort Lafayette" is now known
the world over as the "MoDERN
, BAsTlLE!' Loud applause F.,
ask gentlemen to read the causes
of the revolution OF 1858, which de-.
throncd James the Second and inau-
guratrd tie reign Of William and
Mary. The principal cause of that
revolution was the attempted repeal,
, or disregard, by King James, OF the
writ Of Habsas Corpus. But although
that despotic monarch desired to sus-
pend, or disregard the writ, he had
not the power to Go it. The most
notable proof Of this is tornd in the
historical TACT, to which l now refer.
The King haG mistress named Mrs.
0I.N
Sedley, whom he desired to discard.
and to remove from England. i
quote from MacintOsh volume Sec
ond, page 81: rsrn
James seut Lord Middleton, one Of his
Secretaries of State, to desire that she should
leave Whitehall, and go to Holland, to
which country zach. was in readiness to
convey her. She retired TO her
house in st. James Square. Profess
ted against going TO the Continent, where
means might be found OF immuring her in 4
convent for life. When threatened with
being furcibly carried abroad, she appealed
I 10 the Great Charter against such an invas-
! ion OF the liberty Of the subject.c tlr8
Yes this feeble woman, the crea-
| ture OF the biny's pleasure, returned