The Morgantown monitor. [volume] (Morgantown, Va. [W. Va.]) 1863-1864, 1863-03-07

once peaceful land has brought with II 10 us thlS
pernirious evil in its most frlghttul and aggra-
waited FORMS Disaster has followed disaster IN
terrible aud startling rapidity to people who
two short years ago had never tasted the cup OF
humiliation or sorrow. Our territorial grandeur
has been torne and disputed by the sword, homes
have been desoa,ed and flied with the bitter
ness of death, debt and taxation tower up like a
gloomy spectre in our midst and cast an aPpal-
ling shadow over the hopes OF the present and OF
future generations of labor for more than hun
Cred years to come; but such scenes have not
Softened the heart Of executive authority, lem
pered the Unsuitable lust of personal domination,
or STAYED the hand of official trespass and OPP
preston any more in the administration OF IN"
American Republic than they have in the &c
ruiniStrati0n OF governments OF iorne: ages
The usurper seizes the moment wteu the ConSti-
tntion OF his country is weakened by some dea!'-
y peril to assist in breaking it down. re watch,
IS the opportunity when the laws are unsettled
70 ,rampie them under his feet and substitute his
own impcrions and uuhallowed will in the place
cf their well-de6ned and peaceful operations.
&
By the letter and BY the spirit Of the Constltu-
ton this is peculiarly and emphatcailya popular
Government The people make every part oi II.
uphold the entire fabric. and control its whole
economy. 1t is true that the Constitution makes
three departments in which the powers OF the
Government are placed, but the VOICE OF 'he pep
ple is supreme over them all. lie EXECUTIVE
can make no law, annul no law, change no Jaw.
He is not responsible Tor the laws rs ne ms
them. They are made by the people IN their ie-
qislatire capacity, and he is simply their >rVaht
10 execute their will thus expressed. lne de-
partment of the judiciary was created 10 interpret
and pronounce the meaning OF law; ana II tue
law as thus declared by the courts is not III ac-
cordsuce with the popular wishes 1t Is 10 De COT
rected by new legislation. But one department.
cannot invade or coerce the other when each
confines itself to its constitutional oounaaries.-
These rules are very old and very famitlari ou'
they assume new and wonderful significance III
the LIGHT of present events. They are Ike Tue
face ofan old friend beged unexpectedly under
terrible and startling circumstances. 90 not
allude to them at this time because suppose
they are new to the humblest miul in the lana:
allude 10 them, however, sir, for the purpose OF
asserting, rs do here now in my place rs q Ike
preventative Of the people, that the present hx-
ccutive of this Government has uSuGped the pow
ers of the judicial and legislative departments OF
the Constitution to an extent which Is totally
subyersive OF republican Institutions, and not 10
be borne By free people. make the charge ana
will submit the proof to my candid countrvnen'
II will not tc deui:d or this floor or elsewhere
that the suspension OF the writ OF hadsdS corpus
by proclamation. to which have alluded, cEoSed
the civil courts of this country from one ocean 10
the other against the trial OF anyone arrested pf
the order of the President or his Suhordlnates. 1t
rare access to the vaults Of the prison bat not
to the bar Of Justice 1t isa par; oil the nature
Of frail man TO sin against laws, both human
and divine but God himself secures him trihi
before punishment, and tyrantS alone repudiate
the Justice OF the Almighty. 20 deny TO an &C
rrsed person the right to he heard in his defence
is prominently the attribute o.! the worst ages OF
brutal desDotism. Condemnation without trial,
and punishment without limitation, is the exact
definition to my mind Of the most atroclouS ~
ranny that ever toasted or the groanS OF the cap
rive or bauQuetcd on the tears OF the WIDOW anu
the fttherless. And vet on this spectacle OF nor
TOR and of shame American citizens nave oeeH
gazing for more than 4 YEAR The great bull
wark which generations in bloody Toll nave
erected against the wicked exercise of unlawful
power has been torn away with parrcldal
hand. Every citizen in this Republic. the tar
,uer at his pow, the mechanic in his shop the
merchant at his counter. every calling ana pro-
fession in life from the proud man in ms man
sion to the good man in his cabin, all stand TINS
day naked and exposed, utterly and entirely al
the mercy of one man, and of the tawnlng MIN
ions who crouch before him for pay. state
fact in the hearing of the country, and wherever
ms feeble words may penetrate witnesses VIII
rise up and solcmu!r attest It's truth.
l, would ne the natural suppoSition OF every
intelligent mind. that au argument TO prove 'h;.'
there IS 1 warrant in the Constitution for this
STATE Of affairs would he IN insult to the genius
Of the Revolution in which our liberties were
won. an outrage on the memories Of the grea.
dead Of that period. and 4 mockery to the com
mon sense of the world. But the spirit OF ahject
serrility. which always invites the arrogant az
sumptions Of power and preCcdeS The downfall oil
ibcrtv. is performing its loathsome othcc on
every hand We hear on every side the Ola cry
OF the courtier and the parasite. AT every nc"
aggression. at every additional outrage, new ao-
rocates rise I'D to defend that sourccot patronage
wealth and fama-the department OF the hXecu-
tive Technical and obscure rults, cuhnlh?E
devised special pleas aud skillful and deceptive
sonhistrv, all combine in the hands Of the sup
po-ters of this Administration to tear away
from the people the protection OF the laws OF
their own making Such assistance has always
waited on the most malignant efforts OF tyranny.
Nero had his poet laureate, and Seneca wro,e
his defence for the murder of his mother. The
present dark hour affords ample evidence that
human nature is the same that 1t was two thou-
sand years ago.
Amid the opening scenes Of this disastrous and
deplorable war. the President suspended the
operations of the writ Of habeds corpus IN certain
unsettled and afflicted cities and portions OF the
country. This was in my Judgment, without
authority of the Constitution: but the people
bore with heroic patience their own wrongs ra-
Their than add to the disorder and calamlteS OF
the nation. But this partial assault on the prln-
ciples of free government is rendered inslgnlh-
cant in view of the daring and gigantic STRIFE
taken in September and which the blandlShlng
tongue OF Hatterv and adulation commend ana
sustain in the American Congress. and IN the
face of the American people. With this last act
in the mournful tragedy Of national honor, ana,
fear, national existence. shall more especially
deal at this time.
have but litte indulgence for this constant
assumption of guilt against citizens who nave
courted trials, and whom You have not dared 10
try The prescriptions arr all IN favor OF lnno-
cence where Just laws prevail They are IN favor
of guilt before trial ONLY in the minds OF tyrantS.
But, whether guilty or innocent, not one single
provision Of the Constitution has at any time or
place been complied with in the treatment OF cit
liens arrested by Government officials.
In violation Of the Constitution, American
citizens have been arrested for using the freedom
If speech.
In violation Of the Constitution, their houses
have been forciblv entered.
In violation of the Constitution, their persons
have been seized with armed violence.
IL violation Of the Constitution, they have
been deprived ofGberty without due process OF
law.
Il violation of the Constitution, they have
been held to answer infamous accusations With
out p,eSentment or indictment OF grand jury.
In violation Of ths Constitution. they have
I al lao t,, "a