The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-02-11
Arbitrary Arrests and the Writ OF Hsbe"s
Corpus

,hizsrs evervwhers. Of the action Of the Admin |
i,trstiop in arresting without comp Amt OF war
rant of citizens Of the Northern states. IL Is
tbs burden Of the vail set up 10 the resolutions
on the state Of the Union, offered by Mr. Nor
tod Of Monroe, and now under discussion 10 the
Legislature. large portion Of the speech Of
Mr. Morton, as also that Of Mr.. Barnes OF Ing
ham and Mr. Beakes Of Washtenaw, in the dis
cussion Of these resolgi,oas, vas devoted To this
subject.
The President is arraigned before the bar OF
public opinion, as guilty Of "a most nieh hand-
ed and daring assumption Of power lie is
held up as guilty Of "a degree OF remofseless
cruelty, more BETTING the character Of Turk.
ish despot than President Of the American Re
public"
Il would have been better for these gentlemen,
had they, with less d prejudice and more q
eandor. considered the situation Of TIE country,
and the perils which threaten 10 bad they cof-
sidsred the necessity, which has given rise 20 Dee
acts Of which they complain; aud above -i had
they consulted their patriotism rather than their
partnership before making these broad AID oii
ter charges against the Administration They
should have remembered that the country IL en-
gagged in a civil war, brought about by rebel
lion, having for ia obJec, the entire overthrow
ofthe Government and the establishment o.
another ia its place That the spirit Of that re
bellion il wide spread. having for Us supporters
"a the South, the entire body Of a iate powerful
party, and in the North portion OF that same
party. led on ard encouraged by almost the en-
tire Northern Democratic press. They should
have reflected that the Constitution itself is al
tackled 0y its enemies. and the very existence Of
the Government impened.
In case like this, extreme and otherwise IN
Warrsntable measures may, nay must be resorted
70.
The Constitution aud the laws Of the land
mado and adopted 10 govern the country in time
Of peace, must give way before the necessities
which arise ia time Of war; AID more especially
in time OF eirii war. the issue of which il 10 DE-
eide the fate Of the consii .ution and the Gov
eminent In time Of war the Government Is
limited in It's powers only, By the Laws and usa-
ges Of var.
Before making the charges Of crime against
the President, a. they have doue ia their jours
mails, resolutions and speeches, our Democrat c
brethren would have done well 20 have taken
counsel Of Democratic oracles upon th, subject
Much wisdom a. well as patriotism might have
been derived from lhe teachings Of Stephen \.
Douglas, the late High Priest Of Democracy. u
q speech delivered b. hin ia the House 81 Rep
resentatiyes OF the United States, or the 9th
day Of January. 1874. on the bin 10 reiaad ta-
fine imposed on General Jackson by Jlds, Hal,
of New Orleans, Tor declaring martha. law in
that city, be takes the true ground upon this
question. His opinion should have great weight
with Democrats, from the position which he held
in their party. IL has great weight with Us. on
account Of its unanswerable logic. He said,
He was not one TO admit that General Jack
son violated the constitution or the law, az New
Orleans Ia MED thar he violated either. he
insistei that tie c.. raj rightfulv performed
every act that his required, aud that his
right 10 declare martial law and enforce 10, re
suited from the same source and rested on the
same principle. that the gentleman from New
York, (Mr BTnard,l asserted { ON hich
Judge all derived the authority 20 punish for
contempt without trial, without witnesses with
out jury, and without ANYTHING but his own ar
bitrsry will. The gentleman asserted that the
power TO punish for contempt, was not confined
BY the statute or by the common law, but vas
inherent in every judicial tribunal or legislative.
kody, aud he cited the authority OF the supreme
Court 10 support the assertion lie said thar
this power was necessary TO the courts. 20 ena.
IL. 81.
entrusted TO them, and arose from the necessity
Of the case.
snow, Il was from the same source that the
power to declare martial law was derived-its
necessity in time OF for the defence Of the
country. The defence OF the lives and liberty Of
the peoPe as well a. their property, being all
entrusted 70 the discretion of the commandinc
General. It became his duty to declare martha.
Law II the necessities OF the case demanded IT,
If il became necessary 10 blow uD a fort. he WAS
authorized N do Il; a IL bscame necessary 20
sink a vessel, he authorized 10 do il. and II
it became necessary 10 burn city he was au-
thorized to do II. The necessity OF the cast. VA.
the Law to govern him; and he on his respons,
bilify must JUDE OF the eri,tence Of that neces
nsy IL was the inst law of nature which an
thorized a man 10 defend his own person. and
his wife and his children at all hazards. IL was
gression and insult, aud protect itself in the ex
ercse OF is legislative functions and it was that
Law which authorized courts OF Justice o defend
themselves and punish for contempis.
He acknowledged that this was a high hard
ed and despOuc pOwer-0ne that was ONLY 10 be
exercised when necessary, aud which ceased
when the necessity no longer ex sted such vas
the power under which General Jackson declared
martial law al New Orleans
Was there a man there that would pretend
to deny the necessity for the exercise of that
high summary authority 10 which General Jack
500 vas compelled 20 resort, Was there a man
there who ouii pretend that General Jackson
did not save the city. and the country. and the
laws, and the property of the citizens bv that
very exercise OF high authority: These thugs
vodld not be questioned
The necessity, AID the glorious effect re.
sulting from the cause which that necessity
prompted, were acknowledged bv the Who'll.
country, and be would even say bv the whole
civilized world Then as tar as Tins bin was con.
esrned, be (Nr D could not say whether these
acts were legal or Illegal lie cared no, wheth
Or Gen. Jackson violated the constitution or not
He cared not whether Gen. jackson suspended
oil civil authority or not
II his acts were necessary 10 the defense Of
the country, that necessity was above all lsw
Gen. jackson hazirded everything; he hazard
ed both lie and reputation on that step which
might render him immortal il he saved the coun.
try, or on he contrary, make him isnominious
and oye-EOrd and reprsach and the man
that dared TO do that deserved the protection
and plaudtS Of his country. He did not envy
tie feelings OF that man who could Get I'd and
talk calmly and coOly, under such circumstsn
ces, about rules OF court and techuicahties OF