Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-08
Suspension of the Habeas CoFpus--stat Q
Prisoners, -


We have already placed before our readers
another precious specimen Of Abolition legis-
laton. II 10 the Naturalization act, or, as IL
is styled, ian act relating to habeas corpus and
regulating Judicial proceedings In certain
cases." pas ed at the last session Of the 37th
Congress, now fortunately for the country at
an end.
The first section Of the act authorizes the
President to suspend the hsbeas corpus. This
Is virtual admission that bis suspension Of
the act without authority Of Congress was un-
constitutional, else why the necessity of this
enactment2 But he can suspend II by this stat.
ute without proclamation or other public an
nouncement-at lesst nothing of the kind is re-
quired by this new law. More than this-a
sweeping authority is given--not merely to sus.
pend the habeas corpus in iusurrecticnary dis
tricts, or portions Of the country where the reg
ulsr course of justice is hindered or obstructed,
but throughout the Unltsd'States, in districts
where the people are loyal and law-abiding, as
we'll as where they ore 10 state of rebellion or
anarchy.
But the second section of this &C. called habeas
corpus sci contains provision which foreign
er knowing anything of our history and insti'
tutions, could not have supposed the majority
in any American Congress would have bad the
hardihood to enact That provision is this
When United States Judge discharges po-
litcal prisoner against whom no indictment or
presentment for any offense whatever has been
found by The U. S. Grand Jury having had his
case before them, it is enacted that the Judge
ehal not discharge such prisoner, "uniess he or
she shall have taken the oath of allegiance to
the Government of the United States and to
the Constitution thereof" Upon what Prin-
cpe OF law or justice, condition such ss this
or indeed any condition, should be annexed to
the dirchsrge of prisoner whom Grand Jury
OF the State or district, have by their acton
pronouuced innocent, it would be difficult to de
teruiue. Such legislation can be no other than
:.ais off.pring Of partisan hste ard vengeance
1t will be seen that the fifth section OF the
act enables the defendant in any suit commen
ced in any S ate court for false imprisonment
by virtue Or under color of authority from the
President, or an act OF Congress, to remove the
case to United States coutt, thus divesting the
State courts OF their jurisdiction in such cases
And where such suit he's been prosecuted in o
State court to final judgment, provision is made
for its removal to Federal court by appeal OF
upon writ of error. These are inroads upon the
former course of judicial proceedings in this
cauntry, and are of the came character ss other
acts OF the Administration and the late Con-
gress, tending to infriDgements upon the SOW
ereiguty and rights of tue States and to con-
solidation of power in the Central Government
OF Washington It is by stealthy enCroach-
ments of this sort, which are concealed under a
mass Of in ricate legal verbiage, as in the act
We have commented on, that attempts are be
ing made to subject the people to despotism az
iron heeled and unscrupulOus as that which the
Aboitionists denounce as existing In the rebe
Confederacy