Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-10-05

ter times made the Union secure, and the people
prosperous, happy and eontented. This, and not
"civil WARRIOR my "crime' is that am op.
posed to civil warts what my election would
''inaugurate" IN Ohio. And now, men of my
native State are not these just the blessings
which you and your wives and your children, with
longing hearts, most earnestly desiref Defend,
then, and hold fast. in every extremity, to the
ballot box; and labor night and day, invoke
you, to secure these blessings, through that, the
appointed, potential weapon of freedom.
n G. L. VALLANpIeHAM.
suspension of the Writ of Habeas
Corpus.
We commend the following article. which we
copy from the Brookvile Democrat. upon the
suspension of the writ of habeas corpus. to the
attention of our readers The article, briefly, but
with clearness and force shows the value of the
writ to freemen and the dangerous assumption of
power by which il has been set aside placing
thereby the liberty of every citizen at the mercy
of irresponsible officials. point is made in the
article which is well worthy OF consideration 1t
is. that the suspension of the writ is expressly
limited to Congress aud that Congress cannot
delegate powers conided to that body exclusively
by the people. These positions seem to be in
controvertible, and il so, the suspension of the
writ by the President is beyond question des-
potic usurpation of power his part. The
Democrat says:
The Constitution, article /, section 9Th, subdi.
vision ID declares: "The writ of babeas corpus
shall not be suspended unless when. in cases of
rebellion or invasion, the public safety may re
qure it," There is neither rebellion or invasion
in the State of Indiana, nor in any one of the
Northern States. a1d yet on the 18th day Of Sep
tember. one thousand eight hundred and sixty
three, this carefully guarded writ suspended
all over these States, contrary to this plain pro-
vision of the Constitution.
By the same article and 9Th section of the Con-
stitutiOn, this power OF suspension Is expressly
limited to Congress- yet contrary this the Pres
dent himself has ordered its suspension, claiming
his power so 10 do to have been delegated to him
by Congress. This is hagrantly unconstitution.
al, as Congress cannot delegate powers given ex-
clusively to them by the people. Thus the great
bulwark of our freedom is grossly disregarded by
the party in power, first, by giving to the Pres-
dent power and right crreiully given to the
Congress by the Constitution, and which no other
department exercise Secondly, by that
properly unauthorized department suspendng the
writ of habeas corpus in States where there is
neither rebellion nor invasion, and when the
public safety does not require its suspension.
To fully appreciate or comprehend the enor-
nous extent of this unparalleled outrage upon
the liberties OF the American people, we must
carefully consider the possible effect of this sus-
pension of the writ of habeas corpus. Few people
have had occasion or necessity 70 fully investi-
gate the nature of this writ, and consequently
have not a perfect understanding of its ines
timable benefits to the people-how it protects
their lives and liberties from Inscriptions enc
mics and designing fyrants.
The third sub division of section ID, article
Ill of the Constitution positively asserts that:
1.-The trial of all crimes except in cases of i'm
parchment, shall be by jury" and the fourth
article of amendments to the Constitution further
adds: "Nor shall any person be deprived of life.
liberty or property without due process of law. y
1t will thus be seen that it is intended no ar
rests impriSOnments shall be made, except
upon due process of Law. and that no convic-
tons shall be made except bv jury OF the peo-
ple Upon these guarantees rests every hope of
freemen. and to secure them in every instance
the writ of habeas corpus was instituted, by which
any person, not thus arrested by due process OF
law conyIcted by jury, and who had been
imprisoned or unlawfully seized. by any person
or power. could be taken from such custody, and
duly examined according to the laws under which
he lived.
The Constitution guarantees us protection
against unlawful arrests. and trial by jury; the
writ of habeas corpus secures US these blessings
To comprehend how much depends upon this
security, it may be sufficient to know that with
out it, any of could be seized, incarcerated in
prison and executed without trial, without law
We would be subject to these enormties by a
vicious neighbor, OF any unscrupulous power who
might conceive it to their interest or the salts
faction OF their hatred thus to dispose of US, and
we could have no remedy, no relief How
fearful, how dangerous. how utterly deplorable
would be the country with these safeguards and
securities removed. this brief statement shows
| Yet, by the sweeping proclamation of Abraham
Lincoln. suspending this dearest right OF freemen
we are placed in just that situation. Subject to
| to arrest and Imprisonment without properly at.
| tested warrant; sentenced and executed without
trial-upon the charge. however unfounded, of a
| personal enemy, upon the edct of those In
authority with whom we may disagree, or In
whose way to more tyrannous power we may
| fearlessly stand. We. are no longer safe
in our person, or liberty. Even now
while we write or you read, the powers al
Washington or its paid minions at home, may be
mcyng for our secret arrest and Imprisonment
| To-day we may bask iu all the enjoyment Of
sweet domestic joy,-to-night we may be dragged
| from the comforts of home, and incarcerated in
| gloomy prison to drag out miserable existence
| for no crime under heaven, save having nobly
contended rgainst despotism, for the preservation
Of American liberties,
But what hope of preserving our free institu
tions--the best government upon which the sur
has ever shone,-when the people will quietly
and tamely submit to this great writ being
stricken down. and made null and void, which
secures to them the blessings of civil and religious
libertyi A people who are unwilling to main
tain their freedom do not deserve TO be free, anc
we give the President credit for great sagacit,
in rightfully spprecating the character and spiri
| CT his countrymen in this regard. s sf +
| HEAR JuSIus.--The great English writer Jun
US wrote thus to British freemen. aud American
freemen should give heed TO bis advice:
| Let me exhort you never to suffer an invasion
! of your political constitution; however minut,
the instance inay appear 70 be, never pass 1t b!
without determined. persevering resistance
| One precedent creates another. They soon accu
mulate and constitute law. What yesterday wa
| a fact. to day is doctrine. Examples are said Il
| Justify the most dangerous measures, and wher'
they do not suit exactly the defect Is supplied b.
analogy. Be assured that the law which protect
| us in our civil rights grows out of the consttu
| ton, and they fall or flourish with IL.
HfeHiIif = ! -----
--Unconditional Union men are those who ar
against any Union unless slavery is abolished. q