Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-07-10

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- and = asi- 80 You also tell n that the arr
r S. complained Of hs' e not Tern made for he
tfes>on defined in The Con-ti ation. nor for any
c+pitsl or Otherwise lufamans crimes. nor were
The proceedings following IN any constitutional
or legal sense criminal prosecutions The very
ground, then OF your is-tiieatioR i that the vic
TINS Oh arbitrary arrest we're o0edieni 70 every
la~, were suifless Of auy known md defined Of
tense. and therefore were without the projection
OF the Constitution The suspension OF the writ
OF hssessa earpas, inssesd ed being intended 20
prevent LIE enlargement OF arrested criminals
until a lessi trial nni c0nvirtion can be had i
dtsienei. according 70 your doCtrine, 20 subject
i'm cent H.ento y0ur supreme sill and Dle sure
Silence itself ispunishable. according 10 this ex
{ aoTdinary thehr. snf still more a. the expires
SION of 0pin urs however loyai if attended With
criticism upon he policy Of the Government
We must respectfully refuse our assent t. this
the9ry of constitutional hw We think that
uen may be rightfuIIy silent II they choose while
ciamorous and needy patriots proclaim the nralse
OF those who wleid power, and aS,to the butts,
the eff" and the lands. /" these aFe Saxon words
aud belong to.ghe vocabulary OF freeInen
We have ALREADY said thrt the intuition OF
free people Instantly rejects these dangerous aud
unbearl OF Doctrines " j. not our purpose 10
enter upon aa elaborate and extended reiuLatlon
Of them. We submit TO you. however. one or
two considerations. the ernest attention which
it, supreme importance demands We say. then.
we are not aware that the wr, of habess corpus
Is nov suspended in nnv OF the loyal and peaceful
States Of the Union An act OF Congress ap.
proved by Won on the 81 ~ March. 1868. author
zci the President TO suspend il during the pres
ent rebellion That he act Is a legislative and
not A executive act. has been held in every iu-
dicial decision ever made in this country. and We
think IL can not be delegated 20 any other branch
of the Government But passing over that con
sideration. you have not exercised the pow er
which Congress attempted TO confer upon you.
and the writ Is not suspended in any part OF the
country where the civil laws are la force Now.
inasmuch as your doctrine Of the arbitrary arrest
and imprisonment OF innocent mer, in admitted
violation Of express constitutional guarantees. Is
wholly derived from the suspension of the writ of
hnbeas corpu the hrst step tO be taken IL the rs
cent TO absolute power. ought to be 10 make ii
known 20 the people that the writ Il in fact sus
pended. to the end that they may know what j.
their condition. You have not yet exercised this
power. and therefore according 70 yourown con
stitutional thesis. your conclusion Falls 10 the
ground IA l. one OF the provisions at the Con
stiiuiion, and Of the very highest value, that no
or post iacfo law shall he passed, the meaning OF
which i. That no act which 1. not against the law
when committed can be nude criminal 10y subse
uuent legislation But your claim ". that when
the writ of h,beas corpus u suspended. you M,
lawfully imprison and punish for the crimes oi
silence ~ speech. and OF opinion But a. these
are not oneuse- against the known and establish
ep NV oil the land tho constitutional principle 10
which Ne now refer. plainly requires that YOU
should, before tnking cog nSulte oi such Vfensc..
m Ike known the rule ol action IN order that The
neoplc may hc ndVleed 10 due season. 40 "a not "a
hecpme liable to IT, penalties Let ~ turn your
attention 10 The most glatlng and indclcnsbe OF
~ the assaults upon constitutional liberty which
have marked the history ct your Administrations
No one has ever pretended that The writ 0f hh
heta corpus wts suspended. IN the state ct Ohio.
where ihe arrest ni citizen ~ midnight, alfeidy
fel,uel To-. WIS made and he placed before n
coutt. martial for trial nnd sentence upon changes
md specifications winch admitted his Innocence
according Ia tho exiallng ltws of the country
Upon Your own doctrine. then. can you hesitate
90 redress that monsIlous wfungi
but cir We cannot ncqulc-oe In your doemar
that arrests md imprisonment, without snrraut
of criminal accusation, in their nature laNlosn
aud arbitrary. oppp.cd 10 the very letter ot con
.tiiuilonnl guarantees, ear become w INV sense
tlehtiui, hy reason nf ~ snsnenson ~ the writ
NJ haboas corpus We deny that the suspeuslun
1T single aud peculiar trmed, TOR such wrongs
brings nia existence new aud unknown olassps
ol nnenses, ~ new ehusea for tloprlvlng men ol
their Liberty II u one of the most material
purposes ~ that wit a. enlarge upon bail persons
who, uepn probable cpuse, nfe duly md legall,
charged with some known crime aud u suapeu
SION oi tie writ wis never asked iOf w England
or this country except "a prevent such enlarge
mrtt when the surpassed 0lirnse wap against he
safety of tho GO, efnmcnt In tho ye,r isu5. az
the tine ~ nurra ALLEGED conspiracy, y bill wiz
p,ssed Ia The Senate OF the United States sus
peniinr the writ oi habe's corpus for - limited
time in all esses where persons were charged on
oath Win treason of other high crime ~ mls'le
mehnor, endtnp eflnR The peace or itteiy of the
UoVerumen llut your doptiue undispnlhedls
u, tint su-rensiun Of this writ usriher aue.is
w.thaut wutiui without oath, nud even without
uspleion ~ treason or other crime Your doc
thine deules tho freedom 81 speegh aud ct The
pfes~ II ihVades the sacred domain 81 ouininn
md discussion II dennunces the ''iiz" nnd the
"huls" al tie English language. aud even the
refuge ot silence - Insecure.
We repeat .usrensl"n eft the ~,it Of hab.ss
e4fpps mercy di-pense- Win single aud pecu,
hnr iemelk against ~ unllwml lmprsonme
hul 10 that rcmeV hal he,er ex'rtei. the right a.
lhert, would lac the slme, aud every Invasion 81
that right would be condemned not onl, bs The
Constitution. bat by principles 80 inr eretter nm
uQuly than HE writ Itself Our common Nv b.
nul ~ al indebted 10 this writ for u. aolon oi
false Imprisonment anu the tetnn Wuuld rem ~
20 the citizen, " the wit were abolished luever
Agsin eNeN man, when his lie az liberty :
Threatened without the warrant of law. my law
fully resist and Unnecessary IN self defense, nav
t,ke the life Of the negressor Moreover the
peop, OF ths country may demand the mpe,eh
ment OF the President hi sell for the exercise Of
arbitrary power And when MI those remedies
IA III prove INADEQUATE Tor the protection Of free
Institutions, there remains, IN the last resort the
supreme right of revolution You once nm
unuuced this right with latitude ct expression
which ma, we'll be considered dangerous in the
present crs'~ of our nuiionnl history You said.
Anv people. anywhere. being inclined and hpv
ing the power. ave the right to rise M and shnke
III the existing Government. and form n new one
that suits them better Nor j. this ri. I contiped
to cases where the pee pie OF an existing Govern.
ment NAV chose to exerci-e il Auv portion of
such people that can NAV revolution'ze and make
Their own Of so much Of the territory A. they in
habit More than this. a majority of any portion
OF such pcorlc mav revoluiiouize putting down
a minority nrermineleo with or near ahout them.
who mey oppose neir movements Vol 10.
Congressional Globe. p "a Such were your
upinions. and Won had a constitutional right tn
declare them Ii citizen now should utter sen
tin'euts far less dangerous Ia their tendency YOUR
ne,tcst military commander would consicn him
10 \ dungeon or 20 the tender merces OF court
merti,l. AMI YOU would approve the proceeding
In our deliberate iudg ment the Constitution j.
not open - the new Interpretation suggested bv
your communication now before " We think
every nart OF that instrument is harmonious and
consistent Tie possible suspension Of the writ