The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1863-07-25

JULY 25, 1868.
HsN@ E s E
reach. At single bound. the conclusion that
here i no liberty under the Constitution
which does not depend on the gracious in
diligence OF the Executive only. This great
heresy once established. end BY this mode
Of induction there springs q once into exis
seneca brood o. crimes or offenscs undefn-
ed by any rule, and hitherto unknown 10 the
laws ofthis country; and this is followed BY
arrests. midnight ssisures.
unheard Of modes Of trial and punishment.
and all the machinery OF terror aud des2o.
lism. Your language does not permit us to
doubt % to your essential meaning; for you
tell Us that "anests are made not 90 much
ior what has been done as for what probab-
Iy would de don." And again. "The|
man who stands by and says nothing when
The peril OF bic Government is discussed
cannot be misunders stood. II not hindered
(of course By srresL) be is sure TO help the
enemy, and much much more II he talks am
for HE country with butts
md IFS and 'ands." You also tell % that
The arrests complsined Of have not been made
sfor the treason defined in the Constitution. =
nor "f0r any capital or otherwise infamous
crimes. nor vera the proceedings following
10 any constitutional OF lees sense criminal
prosecuiions." The very ground. then, Of
Iour Justification is that the vic Tins Of ar
,itrsry arrest were without the protection
II the Constitution. The suspension Of the
xrit Of habeas co-Pus. instead Of being in.
ended 70 prevent the enlargement Of arrest
d crimina ais until legal trial and convic-
ion can be had. is designed. accor ding to
Iour doctrine, 10 subject innocent men to
Vour supreme will and pleasure. Silence
sself i punishable, according 10 this extra
ordinary theory, and still more 90 the expres-
lion OF opinicns. however loyal, il attended
With criticism upon the policy Of the Gov
We must respectfully refuse
,ur assent 10 this theory Of constitutional
law. We think that mel may be rightiully
silent il they choose, while clsmosous and
needy patriots proclaim the praise Of these
who WELD power; and a. 70 the "buls." the
ifs" and the "ands." these are Saxon words
and belong 70 the vocabulary Of freemen.
We have already said that the intuition
II free people instantly rejects these dan
ger Gus and unheard Of doctrines. Il i not
,ur purpose 70 enter upon an elaborate and
extended refuta.ion Of them. We submit 10
Iou. however, one or TWO considerations.
md solicit for them and the subject the
Earnest attention which its supreme i'm
demands. We say, then, We are
not aware that the writ OF hsbeas corPus
. now suspended in any Of the loyal and
peaceful States Of the Union. An act Of
Congress approved By you on the Sd Of
March. 1868, authorised the President 10
il during the present rebellion. That
he act IL . legislative and not an executive
aet, has been held in every judicial decisioD
sver made in this country, and ws think i
can not be delegated 10 any other branch
,f the Government. But passing over III 4
you have not exercised the
power which Congress attempted 70 confer
upon you, and the wri. is not suspended 10
my part OF the country where the civil
laws are in force. Nows inasmuch . your
doctrine Of the arbitrary arrest and imprison-
ment OF innocent men, In admitted violation
of express constitutional guarantees, 10
wholly derived from the suspension Of the
writ Of habess corpus, she 6rst step TO BE-
taken in tho ascent to absolute power. ought
10 be 10 make Il known TO the people that
The writ il In fact suspended, 70 the end
that they may know what i their condition.
You have not Jet exercised this power. and
therefore, according % your own conssi,u-
lions! thesis. your conclusion falls TO the
ground Il is, one Of the provisions Of the
Constitution and Of the very highest value,
hat no ex post lacto law shall BE- passed,
lhe meaning Of which is. that no act which
i not against The Law when commit
led can be made criminal by subseq uens