Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-03-05

llege OF the writ OF hd6edS corpus, ana II
ne has not, and Congress has. should they
confer that power upon him, or exercise
it themselves in reference to persons dom =
iciled in States not in rebellion, and where
the courts of justice are open
Here Mr.. Salisbury goes into learn
el and able review of this question, quo.
ting from numerous authorities. We re-
gret that our space compels us to omit this
able argument.-Eds. Caucassian
TIE CHIEF JUsUrcE AND LUTHER MARTIN ON
THE HABEAs CORPUS.
The last authority which l will cite is
the exhaustive opinion of the present
venerable Chief Justice of the I'm
tied States in the case of Mcrrvman.-
This opinion was delivered since our pres
ent troubles commenced, and the whole
country is familiar with it. ] will not
extract from that which, as whole, is SO
symmetrical and conclusive. 1t has new
er been answered, and will forever re.
main unanswerable.
/ 1t will be seen, Mr., President, by refer
cncc to the proceedings of the Convention
that framed the Constitution, as reported
/ by Mr.. Madison, that three States voted
against that provision authorizing the
Suspension of the writ Of habeas corpus
in case of rebellion and invasion. In my
opinion they voted wisely; for while, II
wisely observed, and the power which it
confers should never be invoked except
/ in accordance with the intention and fol
the purpose contemplated by the trainers
Of that instrument and by the authority
Of Congress, much evil might result
from it, as an unwarranted departure from
that purpose by this Administration has
/ shown that this provision has been most
unfortunate for the liberties OF the people
The possibiIity.that this power might be
/ abused, or made the means of oppression,
was forescen and made known by some OF
the wi,est members of the Convention,
and assigned by some of them as reas-
on OF Withholding their assent from its
adoption, The address of Luther Mar.
tin to the Legislature of Maryland con-
tains this remarkable passage
"By the next paragraph, the General Govern
ment is to have the power OF suspendlng the iit
beas corpus act in cases OF rebellion or invasion
pending the hahtes corpus act in those cases, i
was said there no reason for giving such
power to the General Government since, whcncV
cr thr State whic, is invaded ur in which an in
surrcction takes place, finds its safety requires
I urged that if we gave this power to the General
t Government, it would b. an engine ofOppressiOH il
its hands; since whenever State should oppose
! its own views, however unconstitutional, and re
/ fuse submission to them, the General Govern
meut may declare it an act of rebellion, and suspen
ding the habeas corpus act, may seize upon tho
persons of those advocates of freedom who have
had virtue and resolution enough to excite the op
position, and may imprsQn them during its pleas
urc in the remotcst part of the Union, so that
citizen of Georgia might be bdstiei in the far
thcst part Of New Hampshire, or citizen o
New Hampshire in the fhrthest extreme of thu
South, cut of from their family, their friends, am
their every connection. These considerations in
duccd me, sir, to give my negative to this clause.
How prophetic How more than re
allied by the country now But, sill
even the great wisdom of the trainers @
; the Constitution cauld not forosoo tina
it was possible that man might b
placed in the Presidential chair in les
than eighty years from the adoption Of tn
f Constitution who should so play the ty
rant as to arrest peaceable citizens /
+ States refusing submission o the Gencl
al Government, and Bastie them durin
@ his pleasure lin the remoteSt parts OF til
, Union" Sir, had our fathers known tht
q such intolerable acts Of oppression coul
i, be praciced in the name of Liberty, an
j would be submitted to by the people,
verify believe they never would have fora
4 ed the Federal Union.
TIE PROCLAMATION OF sEPT. 22p.
., Mr.. President, Notwithstanding tht
Q Congress alone can ]. htfully suspend Il
It writ Of habcqS corpus; Abraham Lincol
. elected to be Prcsid Mt orthc United Stat
% but by his acts assuming to be TYRAH
l. OVER THE LIBERTIES AND LIVES Of his cou
l. trymcn, has had the audacity before ma
and the temerity be ore heaven, to pr
y sumo to suspend, by his proclamation
- the 9th Of September last, the privile
5, of this writ, not only in the States in |
IS volt, but through the whole Unit
g States: to seize peaccablc citizens in mi
3. and other States, and to "haStile" the
N in the remole,t part of the Union;" al
st "hear it. oh yc heavens; and give ear {
N earth!" tnc patient and long suffering pc
e pie Of this country have tamely submit
N to this exercise of Gespotic power. n
p satisfied with this uSurpation of power,
is has proclaimed that "all rebels and
IL surgonts, thei, aidero anl abetters," n
in only in the State, in revolt. hut witt
ty the United States, and all persons d
rs couragipg enlistsmeutS, resisting milit
ne ry drafts, or guilty Of any disloyal pract
NJ "A supposed offence, one created by hi
at self, unknown to the Constitution u
j. laws of any civilized or barbarous peor
on earth, undefned even by him, and I
a. definition of which rests solely in his oy
ed arbitrary will" "all'ordmg aid and co
Of tort to the rebels against the authority
ct the United States. shall be subject
g martial lap, and liable to trial and p,
o, ishement by courts marital or militia
rs commission" And that there shall /
ii. be any possibility that the victims of
at oppression shall escape his vengeance,
be has declared that "the writ of habeaS c
or pus is suspended in respect to all persC
Id arrested" even before the pretended 81
he pension, cor who are now. or hereai
of during the rebellion shall be imprisor
o. in any fort, camp, arsenal, military pr
N; on, or other place ofcoufnement, by 4
N military authority, or by the sentence