The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1863-07-16

which Congress attempted to confer upon
you. and the writ is not suspended in
any part of the country where the civil
laws are ih force. Nov. ina>much "a YOUR
doctrine of the arbitrary arrest and i'm
prisoment Of innocent men, in admitted
violation Of express constitutional rusran-
tees, is wholly derived from suspen-
sion of the ha6cas corPus I'll fist sep u"
be taken ii the ascent t. aosolut p3wer
ought - b. TO MAKE it kn wn to tie peo
pie hal the wrl i IN t.ct suspended. to
ia" end Ia. thy m Y know wnat IS
h. cond:ioa You h.ve not VT ex4r
Ct ed this power. AID, therefore, accord
lng 10 your own constitutional thesis.
your conclusion tails t. the ground L is
one of the provisions of the constitution
and OF the very highest value. that no sc
post tacto law shall be pass d, the mean
ing ot which is, that no act which is not
against ht law when committed can be
criminal b. subsequent ! gislation. But
your claim is. thai when the writ OF
habeaS corpus is suspended. yoi may law
full, imprison and punish for the crime of
silence, of speech and opinion. But, as
these are not offences against the known
and established law of the land. the COP.
stitutional principal to which we now re-
fer pla Y requires that you should, be
fore taking cognizsnce of such offences,
make known the rule Of action in order
that the people may be advised in due
season, So a. not to become liable to its
penalties. Lei Us turn your attention to
the most and iuGeienelblc Of all the as
sauls upon constitutional liberty. which
have marked he history OF your admins
trati"n. No one ha> ever pretended tha,
the writ oi ho6.as corpuS MAS SUSPENDED
n ;he State al Onn, here The arrest of IA
citizen at milnight. already referred to,
was male, and he placed before Il cour,
mlrtisl for trial aud sentence upon chsrg
es and specifications which admitted his
innocence according to the eN.s,ing laws
Of this coantrj. { on your own doc
triue, then. can you hesitate to redress that
monStrons wrong:
But. sir, We cannot acquicsce in your
jogmas that arrests and imprisonment,
without warrant or criminal accusation,
ia their nature iaw.ess and sroilary. op
posed TO the very letter Of constitutions
guarantees, can become in any sense
righhul by reason oi a suspension OF the
writ of habeas corpas. We deny chat the
suspension OF a single aud peculiar rene
dy for such wrongs brings into existence
new and unknown classes of offences, OF
new causes for depriving men of thei,
Liberty. 1t is one of the most material
purposes Of that writ 10 enlarge upon bail
persons who, upon prob#bie cause. are
duly aad legally charged WIKI some
6oown crime. and suspension OF lhe
wri' was never As d tor II Eusland or
n ,hi- country, "xeept T. prevent oucf
enlargement when the supposed "tience
was against the safety OF she gov,rnmrni.
In the year 1907. at the tine OF Burr
alleged conspiracy. a bill was passed in
The Senate of The U,ited State. suspend
ing the writ of habecs corpus Tor limited
time in all cases where lersons ware
charged on oath with tre; son or other
hioh crime or mi,d .neanor endangeri0g
The peace or safety oi the gOyerament.- =
But your doclriue undisguisedIy is, that
suspension of this writ jusIilies arrests
without warrant without oath. aud, even
without suspicion of treason OF other
crime. Your doctrine denies the freedom
Of speech and Of the press. Il invades
the sacred domain of opinion and die
cusssion. Il denounces he '1is' and
'.buts' of the English language. and even
the refuge of silence Is insecure.
We repeat. suspension Of the wit of
AoJeas corpus merely dispenses with a
single and peculiar remedy against an
III Lawful Imprisonment; but, il that remedy
had never existed. the right to liberty
would be the same. AMI every INVASION "t
that right won be condemn,d no only
by he consiintin, but b. prnc'p pies OF
far greater antiquity than the writ itself
Our common law Il not at all indebted 10
thus writ foi its action OF fal Impris' meni.
and the action would remain to the citi-
zeps il the writ were abOli-hed forever. =
Again: every man. when his lie or lib
crty is threatened without the warrant of
law, may lawfully resist, and If necessary
in self defence. may take the life of the
aggressor. Moreover, the people OF this
country may demand the impeachment of
the President himself for the exercise of
arbitrary power And. when all these
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