Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-14


of pcopi. have ght for Eight or trivial or
from apprshsnded evil and without first eShsilstg al
whole country into civil war Bat sir yhe honestly
seieFs The causes OF the present revolution were nos
sufficient amount 70 justhcstion Of T. ana Wh,iei
tharesore, believe i enght Ao s succeed am sna.y
houest ia ny conviction that il VII succsed for ali pre
deal purpaz sdufing his 2ininistration at leasua
saE this administration and this Congress shai canAe
thor policy aud be governed BY wiser counsel 10 tns
faturo han ley have been in the past Il MS n5y o.
cousidercd MA y talk ln She Americas Senate. some
ssy svsn affect to l the honest warning ol
Chaihsm the EnEish pa amsnt was treated as als
loyal Had the English parliament listened y e.e
sciad rpon his sdvice the cccnes had been saved y
the crown Had the administration ilsiened 70 ana
aea upoa the advice OF these whon they In their su
percirusless sRd hsughtness Of power nave presumed
s dstrust instead o. and esraags eeHee and aaS
nony would everywhere throughout the land have this
] day prevailed
/ Tzs Cause ef the Rsoolation.
The causes Of revelations do not generally s On the
surface Of things. Trey are not usually what shey
seen te be. Thfy net oneh aoiated acts OF OF.
preston On The pat of government as the assertion Of
The right a, psepis The part Of goyernlnen 70 DO
fbru II was rot simply the imp0si ion Of trln ng
tax upon tea that caused the American rsyoi lhoe eE
vas fhe assertion of Parliament tax the colonies
without their consent It controversy betFesR
ths crown and hs ministers on the one sae, an me
people Of the colonies on the otnel IN reference 20 .e
novers Of government under the English Consttuuos.
The iss ion Of the tax aud the attempt TO collect II
were only the occasion of testing the right cielGe 9y
force of arms Te studen Of history will hnd no dim
Guilty in tracing ihs causes OF our present ~
q rscal and Fundamental difference OF opinion among
our people ia reference 20 th5 true tDeeiy OF our soN
srnment, and the limitations upon teaeral o. ots1s
authority Is this government Of the people 81 the
Halted States quasi political body, acting rghtlai
~ force Of popular numerical majority Lhe voice VI
cb ai5ritv tiOnally decides the character 81
legsatas or is il goveInHent Of the people OF the
secs rerese ntative in its character and limited in lts
9oyyers legislative well executive and judicial BY
ne delegson Of authority expressed IN the teaefal
.,.75-f -be ren-deiyerv Of fueisives from ser
No. nd labor she raid Of John Brown into Virginia
the election Of Abraham Lincoln as President none o.
;bss were the esusr in my opinion, Of this revolutions
es ard OF she people Of the free States to abolish
larg OF 90 crcumscribe and limit it that the pubic
nina could rest in the conviction Of its ultimate eS-
inetoa" twas the assertion OF the right to abolish,
sccopanied by such acts evidenced the purpose TO
1 abolish thai led to this revolution.
Mr. Lneoin's Indifference to Il.
II must hsve been apparent the President is
an was 10 everybody else after his election, thas
issz some means Of pacfcaiion were adopted that an
attempt at national disruption ineTitable Such an
otte,st he nav have regarded asonabe, as GRIM
ina but neither its nableness nor Grim nslttS
could exease the oculsr indifference with which he
seemed gsTd it. He had been victorious IN the po-
tissI race for power and could have afforded even to
have been generous toward those labo,ng under appre-
bspsons Of ey 10 themselves frsm his administration
Put sir when he Lsw that the waole eEntry agi
taied and filed with alarm, and that the work Of 9M
rlpton had in fact commenced 1t was criminal indfer
ence his psr 70 give assuraEoe 20 his eountryinee
that tho constitutional rights OF the people OF the heFe
raj States sho aid be maintained and the Tn PreseIT
ed Unnlpairsd Where thsn was his lovefot the Unoni
When those who parioteally struggling Dy DAY i
d izh for the adoption Of pescefui ard honora
bio mode OF adjustment needing words OF eneour
ersrout s1d ware anxously seeking assistance from
fSsse about 10 be installed into power, did he whisper
auzht Of hopa IN tser ear3 When, In Disguise, he 4
ssarht the capital Of the republic and found good and
wise Mon representatives Of the States that haduot Sc
esded endsaTerne TO devise some means to est the
work Of pstionsl dsnlenbsrment did he aid them By
his counsel or encourage them by his promise When
before bis inauguration as Ffesiaenh nc entered ms
chamber and mad Douglas and Cuttenden and thsir
co-labsrers endeaFcrlng TO procure the adoption oi
measures OF honorable compromise ara ne reqlss ohe
OF his politca friends TO aid mem In their patriotic e
forsFi The only sponse he ever degned to s inqur
f-T and distressed c0Bntrymen was the dlgnined assu
rspes that nobody Is hurt Instaled into Office he
bssass himef 10 the agreeable work Of distributing
Offices 10 his followers and msnfess further interest
in public affairs than 10 whsther presxt for war
cannot be had by tempting the seeeGers 10 strike toe st
blow. II is Biruek ard immediately The cry rings /
the land that the rebels have fred upon the
nstO al fax that Sumter has allen and that the Teot
lon must Re crushed sssenty-fve thousand youn
teoFs are oaed Into The field, soon TO be followed by
half million mere. and on 90 Redmond Is the cry
War net BY he set Of Congress- but BY the act Of
Bearregsrd and Abraham Lincoln Better fsr better
for this connry had neither OF thsR ever been born
The Var Could Hare Becn AUertcd.
Mr. President bis war was either Necessary # was
unuecessarv If ssary, it only for the puF
nose II preserving national existenc8 and the consttu
iiona rights Of the people II Indispensable for these
rnoss h was iastifable If not 50 Indispensable ID
was crime Was It Necessary Ceuid not the Union
t besn rs-srved and the constitutional rights Of the
reopie been maintained withoat ressIt to ermsi He Il
Who as7sris the contrary fafes history and attempts
an nposition upen The pube credny. These are the
been iucepted, for which It could now or at any time
b. rRzs7 Ieis folly to s,y that the people Of the
volted ates fred the first qua The ques lon inmed
aey arises could not the occasion inducing teen, Or a
fsrdne tho pretext If yon please fer 50 doing have
been honoTably avoided by wise e5uHselsf assert thai
could history viii adudge y hen civil war IS
esrtsin unless gvered BY pehceRbe and ho1Orshe I'D
fgirant Of differences and when such adjustment Is
practicable 10 refuEe adjustment Is to act oTminally
You know the country knows and history viii record
and s recorded the fact that secession neyer would
have occurred beyond the limits Of South Carol ma had
aHHr hla " sn4a -HrrrF~a ~aaafaa
measures which were Ia substance nothing
less than sOen guaraaee that the Constitution should
hereafter be considered to what It had beeH sol
mean Bv their adaptish war would have been avert
ed peace Inalntsinsd, and the Union preserved
The Reiga Of Terror.
MIsadEisg the temper and character OF the American
people they soughtO prevent al remensrancs against
y7hserer they chose to adopt 20 npsh their
nurp0se by governing free people sy appeals to their
fsars Mobs became their instruments Of vtngeaace l.
ana where these could not Conveniently be Invoked,
executive tyranny laid its awless hand upoa ths Enof
fsndnz but suspected victim, had forts and basties
opened and closed their penderers doors upon linn 4
Was not Abraham lincoln President and was not VIII I
liam II Seward his prime minister, aud who dared say
augh against their infaibityi The espionage Of Ma
poleon sank into insignhcanee ss an agency Of eppre
sion in comparison with that prscticsd under the admin
istralion Of Abraham Lincoln.
Men c0nversed in whispers even woman dare not 4
spssk above her breath A deadly tremor seized upon
all classes except those who themselves being spies and
nfornur were conscious ef reposug under the shadow
of executive protection. Finally the law and Constu
fio re appealed to for protection against executive
tyrunv That Consultation which made for ali |
times Tor peace as wen war, declared that
shoad be deprived Of fe liberty, property without
due process Of law ais gsarantee Of Persons trsedo
had been extcrted by the English barcns, swords in
hand st Runuynede, from the naughty and oppressive
John hundred years ago, and hsd been the birth
OF The trainers Of the Federal Constitution aud they
inserted it IN iesrumsnt that power should
bat ersst v7rit Of right the writ Of hsbeas corpus
had bssn passed two husdred years ago, d5rsg ne op
isct from imprsonm n by order OF tne Engisn PflFJ
council contrary this provision Of hagns Gharta aud
our fathers provided in tn Constitution as Prohbi.
upon the powers OF Congress that the privilege OF
this writ should not be suspended unless In Of
bslon or invasion, when the public safety shoae re-
ouire il No one ever dreamed thar the President eoud
Fusesnd The privilege Of this writ esman had
evsr so apoken no Commentator had written
and no csurt had decided Cong ess had Bro
se5 ro the ,sn mo Of this writ upop nroper aupca-
ion made TO any judge Of the supreme cout judge
~ sV srict court Of the United States and the ven
ersbc chef Justice appealed award for the
purpose Of inqUng i to the legality Of such Executive
/ arrests The execution OF the writ resisted, and
minions Of despotie powsT-tha' ihe President had
ihorized the commandant Of fort TO suspend the writ
Of sbeas corpus and that he had copacently obeyed
his masters command, And this brings me- sir, to COB
sderaon Of the question. has the President the power
suspend the privilege OF the writ Of hs6eas corpus
and he has not and Congress has shon they confer
that newer upon him. It themselves IN refer
enee 10 persons donicsd in States not in rebellion and
where the courts Of Justice are openi
i IHsre Mr. saulsbury goes into learned and able
visy of this question quoting from autaor
tes We regret that space comPsls omit this
abs leg 81 are sunent.--EDs. CAUcAsIASI
The Chief Justice and Luther Martin on the
Il Habeas Corpus.
The last authority which viii etc Is the exhaustive
opinion of the present venerable chief justice Of the
Un ted States IN the case Of M3rrynan This opinion
was delivered since our present troubles commenced
and ihs whole country is familiar wah it. viii not
extract from that which, whole is so symmetreal
and conclusive It hss never bean answered, and will
, ] forever remain unau. ggersbie
it will be seen Blr PIedsn by reference to the pro-
cedines Of the convention that framed tho Constitution
as ported by Mr. Madison that three Sta IS voted
against provision authorizing the suspension o. the
wit OF habeas corpus in Of rebellion and inva sion
To my judgment they voted wisely io while, wisely
osessed and the power which it confers should never
be invok except acccrdance with the intention and
for the purpose eontemp aie by the rsmers OF thss in
sruaent and by the authority of Congress much evil
might not result from IT, an uIiWhrranied departure from
thar purpose BY this Standardization has shown tha this
provision has been unforanate for tho liberties OF
I lie peope The possibility that this power might be
abused or made the OF oppression foreseen