M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-05-14

] 10 'hAS!l llOul lIC upll'lOu VI NIO u uHSO
as reported in the newspapers, and i
no doubt correct 10 q still more re
cent case, betors the came Court, thC
question arose upon an application
for a writ directed to the commander
in.chief Of the department Of the
Northwest, requiring him to produce
the body Of one Nicholas Kemp, witt
the cause Of his imprisonment. A
return WAS made to the writ, settins
lorth that the prisoner had been ar
rested by tic provost marshal OF the
State, lOr alleged violent resistance
to the draft, in pursuance of general
order No. 141 Of the War Depart.
ment, and OF instructions from the
Governor Of the State. The return
also set forth that the commanding
officer declined to produce or die
charge the prisoner, on the ground
that the writ of habess corpus had
been suspended as to persons charged
with This oftnse by the President oI
the United States. Upon this return,
tue counsel for the prisoner moved
for AL attachment agains Gen, ELL
OFT, to compel obedience to tho writ
Tho court IN delivering their opinion,
say: "lt is the special duty Of the in
dicial tribunals to guard the Consti
tuition against all cncroachments from
any quarter, and faithfully to enforce
and maintain those limitations which
the people themselves, in the exercise
of their most deliberate Judgment,
have placed upon the powers confer.
rcd upon the government and its off
GERS. 1t may be that in times like
these, their voice will not he needed
by those having arms under their con.
troll. But whether it be 30 or not, a
Judge, 80 long as he is left at liberty
to act at all /, can decide only accord
iEg tU the Constitution and the law.
lie has no other alternative. And
if acting upon this case, as an obi.
ged to, am compelledto differ fom
the President Of tie United States as
to the validity ofcertain powers which
he has claimed the right to exercise
| shall have the consciousness that
have endeavored to discharge my du
ty, and believe he has endaYored to
discharge bis. Whether the writ OF
haboas corpus has been legally
suspended or not, depends entirely
upon the question whether it requires
an act Of Congress to suspend it, or
whether it may be done by the Pres.
ident alone; and this has recently been
sU fully and ably discussed that who.
ever is now called on to decide it, can
do little more than indicate which
side of tho argument he adopts. For
myself, entertain no doubt that il
requires an act Of Congress. The
power to Issue tho writ is given by
law. 1t requires law to change q
law, and the President can not make
a law"
1t would not, perhaps, gentlemen
of tue jury, be a legitimate enquiry
for us, as court and jury, to look in
to the facts upon which it is assumed,
by the Chief Magistrate OF the nation,
he is authorized to exert tie vast
power of suspending the liberty Of
the citizen. But certainly it can not
be eXceptionable to say, even hero,
that every true American heart,
throbbing with the warm impulse Of
patriotism, should be inatinctively
incredulous OF the truth OF the mon
strous allegation, that any considcra
ole portion Of the people Of these Nor
therh States are disloyal to their gov
ornment. | believe the spirit of the
people has been much misapprehen
ded. 1t is not the first time, under
like circumstances, that such mistakes
have beeu made. The records of the
past are full Of them; but if ever there
was time in the history ofthe orld,
when it was OF the last importance
that the pecp.e should be calm and
sell possessed and law-abiding, tho
fnll Of watchfulnesS aud frmness o..
purpose, now is the time. There is
more earnest, more solemn, more
thrilling history now being enacted
by the American people-mOre events
pregnant with the iate of !iborty for
all time to come-than the world
ever saw, even in the mighty convul
sions OF other times, among whose
rocks and shoals have been dashed to
pieces many goodly bark ireighted
with the highest hopes and dearest
rights Of millions Of human bcings.-
In tue storm which RACES around u.s.
the vessel OF State will be drifted wa
ter-logged upon the breakers, uaie5,
the helm shall be held true to the
compass OF ths Constitution, and tn,
conduct of the crew be regulated and
restrained by the strictest disciplin,
of the laws. II the Constitution e'osI