The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-01-01

service. Why, sir, even suppose the posi-
ton of the Senator from New Jersey were
true, that the President has a right to sus-
pend the writ of habeas corpus, does it neces-
sari!y follow after that suspension, that he
has right to arrest whom he pleases? If
so, would net give fig for the liberties of
this people. If it be so any President who
is wicked enough and abandoned enough to
do it, may, Gd Gbituna, overthrow the liber-
ties of this country. The Senator contends
that the President has the authority to sus-
pend the writ of habeas corpus, and that after
he suspends the writ he has right to arrest
whom he pleases, and imprison them during
the continuation of the war. If the Pres
ident were clothed with that power, 1 ask
the Senator to tell me what would prevent
him from seizing the Senators of the United
States or the honorable gentlemen who oc-
cupy seats IN the other end of this Capitol,
if they were distasteful to him, and locking
them up in Fort Warren or Fort La Fayette,
or some other Bastile, and putting the key
in his pocket, and keeping them in prison
for twenty years, if the war should last so
long:an6 in that event, what would become
of your legislative functions? They would
be utterly DESTROYED, because the persons ap-
pointed. in accordance with the Constitution,
to legislate, would be deprived of the privil-
ege of exercsirg the functions Of their office.
Suppose the President should thiuS that 1t
interfered with his imperial powers for the
judges to sit upon the bench and administer
the laws. In that event. If the doctrine held
by the Senator from New Jersey is correct.
be has power to seize all the members of the
judiciary and put them in prison, and thus
overthrow and destroy the Judicial depart
ment of this Government.
l., IL IL -, =, ,-a
to see that no such power ever could have
been given by men so wise as our ancestors
were to any Executive. They were men
who Justly appreciated human liberty; they
were devotees of civil liberty; they thought
that the civil power was superior to that Of
the military; that the military was always
subordinate to the civil power; and that is
the doctrine set forth in the Constitution;
but that does not seem to pie ase the radicals
of this day. Neither the President nor his
Cabinet ministers have a light to make ar
rests; and whenever they do it they usurp a
power not given to them by the Constitu-
ton. 1 ask Senators, who favor these un-
lawful seizures and arrests, to point me to
the provision of tho Constitution or the law
that authorizes those gentlemen to make ar
rests. The suspension of the writ Of hGJsas
corpus and making arrests are separate and
the other. Arrests can only be made in the
mode pointed out by the Constitution o
your country. 1t is plain and explicit upon
that subject. No citizen can be properly
arrested and held except upon warrant and
probable cause. He is entitled to a speedy
trial in the district where he has committed
the offense; and our Constitution says that
n citizen. shall be deprived of his life, Ii
berty, or properly without due process ol
law. If YOU arrest a citizen without charge
and lock him up in one of these prisons fol
seventeen mouths, and then discharge him
without trial, as has been done In many
instances since the civil war CONNIE need, DC
YOU not deprive a citizen of his liberty with
out process of law, and violate the plain pro
visions of the Constitution?
/ dem and to know by authority of wha
law these things have been done. There il
no law authorizing it. SO far as that matte
is concerned, the executive departm ent o
the Governm ent has put the Constitution
under its heels, has disregarded it, has de-
prived citizens of their liberty without pro
| cess of law. 1t is unnecessary for me to say
here what "process of law" means. Tn
| whole Senate, knows it. 1t has been Judi
cial!y defined over and over again In Eug
land and in this country. 1t was a rig
which our fathers brought from their father
land. 1t was a right distinctly affirmed
the Great Charter which the iron barons de
nnanded of the pusllanimeus John. In
| English people had it guaranteed TO them b
thirty-two acts Of Parliament. Our father
| appreciated the wise precepts OF our Eng lis
ancestors, and in order to secure our liberties
ingrafted it on our Constitution; but yet w
i find the Constitution utterly disregarded, an
thousands of our citizens deprived oi the
al, of
i desire those who here advocate these a
rests, who approve them, to point me TO u
law that authorizes them. L wish no eva
sion. I do not wish the liberties and til
rights of the people to be cloven down an
l the Constitution overthrown, and when tho
who do it are assailed or censured to hay
Senators get up and talk about the reoelllo
3 Point me to the law, point me to the col
| stitutional provision, which authorizes the
( arrests and then l shall be satisfied that II
? President and his Cabinet ministers have n
9 usurped powers not given to them by u
0 Constitution. Until then 1 shall pronoun
- tbeno usurpers and violators of the Constlt
: tion which they have sworn to support;
# will be satisfied with no plea OF necessi'
It which has been the tyrants plea the wor
u over. 1,,.-
= Mr.. President, the Senator from Iil1n'
l.. +binls we had better dispose of this resol
~ tion and take UP his bill. do not remer
n her the provisions Of that bill, but II 1t We
d nassed and made the law of the land, WI
+ GOOD would it do? Would it relieve q,
y man from unlawful imprisonment! l
10 Constitution and law secure 10 every M
y the right to have his case investigated,
le right to a speedy aud impartial trial. i
le difficulty is, that the Executive and his VI
le met ministers will not allow the laws to
10 executed.
IL Mr.. TRUMBULL. IF the Senator from &
az tuckv would remember the bill, he wo
70 know that it is a bill providing for that v
ie LsAnL Il Is a billI'to provide for the {