Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-04

IN Me Oht0 H0uee OF hepTesentdtaoes, upon MT'
Dressls Resolutions Of inquiry az 10 Arbitrary
A.Tests.
| lOoncluded.l
On the 9Th day of August last Mr.. Lincoln
declared martial law throughout the entire
North What dream Of fancy disturbed his
weak and yacillatlpg mind no man can tell.
The entire North was not within bis army lines
or under the control Of hiaforces. The civil law
was entirely free from obstruction. There was
no extreme necessity, but only an occasion to
show both his wickedness and his weakness
The Republican Supreme Court Of Wisconsin
has unanimously decided the act tyranny and
o usurpation Of power.
Has be power under the Constitution to sus-
pend the privilege of the writ of habeas coTpusy
The Constitution of the United States says:-
"The privilege of the writ Of kG6eas COS pvs
shall not be suspended unless when In cases Of
rebellion or invasion the public safety may re-.
quire It," That clsuse is among the enumera-
ted powers of Congress. Consider in connection
with that the fact when they formed and adopt'
ed the Constitution, recognized In 1t and a5 part
of II the common Law, so far as IL was suited to
their circumstances Many of the provisions
of the Constitution admit Of no sensible or for
chile construction except In the light of the com
mon law; and when We remember that the pow.
/
the common law of England has ever been con-
sidered legislative power, ,and never as belong.
log to the Executive, how convincing and ire
sistihle the conclusion that the frameFa of the
Constitution intended that this power should be
exercised only by the legislative department Of
the Government. thas been asked why did the
Constitutional Convention, Oh the motion OF MIR.
Pinkney, change the phraseology of this clause
to what II now is? II such be the fact, answer,
no one ever claimed, or thought Of claiming, In
the light and experience of common law, this
power for the Executive. From the formation
Of the Government, till lset Summer, but one
effort was made to suspend the privilege OF this
writ, That was during Mr. Jeferson's admin
istration, when those brave old men--the franz
ers Of the Constitution-Were yet alive and oc-
cupying the prominent Offices OF the Govern
ment. Congress undertook to exercise the power
during the Burr conspiracy, but the measure
failed.
Il is said this provision Of the Constitution
becomes dead letter, nullity, unless the Pres
ident may suspend the privilege Of the writ be-
cause invaeions and rebellions are sudden, and
| there Ia no time 10 call meeting Of Congress.
| History does not 30 show it. Rebellions OF
much magnitude are Of slow growth, and inva-
sions that distempeF and disease the public
mind go as to render the suspension of the priv
ilege Of habeGs corpus Of any avail are not pre-
clpItated in day. But did eztrsme necessity
require martial law, and the public safety re-
Iquire suspension Of the privilege of the writ Of
6ebeas corpus? From the time Sumter fell,
when that whirlwind Of passion swept over the
entire North, bending before 1t all opposition,
to the time Mr.. Lincoln issued his emsncipa.
tion proclamation In September last, there
never was an Executive sustained with such
lunanimity by his political opponents as was Mr.
Lincoln. When the Presidel. called for se7.
!. Ienty-fve thousand men, seventy thorsand In
n Ohio alone rendered their services. Volunteers
for three years poured in from every town snG
hamlet in the North, till the number reached
seven hundred and fifty thousand, and the Pres
iden.'s order enlisting to. cease. Afterward
SIX hundred thousand more were called for. In
the short space Of three months they we're il
! the field for service. Mr.. Lincoln issued bis
emancipation proclamation and enlistments
ceased In day If any man In the North dur
Ing all that time was barely suspicioned Of dis.
|. loyalty mob was at hand to destroy his prop
erty and threaten his life There was no ex
q treme necessity, no rebellion, no invasion il
the North. Suppose there was rebellion or in
ysason In California, ia there q necessity TO
martial Low or suspension Of the privilege o
: habeas corpus in Mainel If there is rebellion
!, In Chicago does the public safety require mar
e ttial law or suspension of habcas corpus in tn
. Capital of Ohio2 Away with such crimina
/ nonsense. Mr.. Lincoln's plea of extreme ne
!, cessity and public safety is mere pretense-
. sham--a cloak to cover up an unhslloWed am
. bitlon that would triumph over the civil libert
Of us all.
!, But care not to argue this question. it |
= settled by the authorities That gifted man
I; who, by his learning and his jurisprudence ha
+ added lustre to the American name-whos
opinion In American courts is regarded as law
Judge Story, In bis Commentaries on the Consti
ID tuition has given his opinion without expressing
O doubt, that the power to suspend the privil
epe Of the writ of habeas corpus is given h
Congress, and that "ths right to Judge wheth
er exigency had arisen must eSelusiuely belonJ
to that body. Next is Chief Justice Tsney
Ct among the most able and learned of livin
- lurists, renowned for his skill and research
beyond the reach of politicians, hnyn
passed that period In life when huma
hone and human ambition could warp his jude
ment, full OF honors and ripe for eternity; /
the Msryman case has recorded his opinio
with Judge Story. There 10 Judge Curtis, tn
ripest scholar and the ablest jurist Ia al! Ne,
England, has written lengthy opinion on tn
subject, In which be agrees with Judges Stor
and Taney. There ia Professor Parker, Judg
!. Thompson and the full bench of the Suprem
Il Court of Wisconsin, Chief Justice Dixon d.
70 livering the unanimous opinion of the court,
,,ss the Kemp case; all agree that Congress alon
:. has the power to suspend the privilege Of th
4. writ of habeas coypxs. Not only 90, but the
N say there is no room for doubt or difference Q
y opinion on the subject. There are many othe
q. eminent authorities I might cite to the sam
mt effect. What have we on the other eidel Th
=. honorable member from Noble (Mr. Keyser
NJ who somewhere OF come time 10 hia life, WI
to associate Judge on the Common Pleas bench
ng this State, has given his opinion, and sor
nIg Judge in New York has written pamphlet {
v the subject, and the honorable gentlemen fro
of Logan aud Montgomery follow this diatinguis
~ w. ed lead.
D., Two urecedents are mentioned ss sustsinir
a. the course of the President; The arrest Of Bu
Nd and the declaration of martial Law at New
leans by General Jackson. What are the fact
ny For more than year Barr had been intriguell
bs with foreign governments. He had caused vi
lent articles TO be published In the West d
noupcinR the Eaut-sectionsl, you see--a
ureing q division Of the Union on the line
the Allegheny mountains. For more than 9
months he was building boats and bsrges alo
the Ohio and Mississippi rivers. More th
thirty such were built and In process Of bull
ing. He was collecting provisions aud asi
and enliating men for his expedition. He eva
al the officers of the law, conducted bis corr
pondence In cypher, and In his prepsrstic
rave evidence Of his reasonable purpose.
went down the river with his boats, arms, p