Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1864-04-14

arrest is assumed, and the time-honorcd

arrest is assumed, and the time-honorcd
writ OF hobedS corpus is suspended
Thus, upon the alleged ground of the in
slifficlency of the ordinary processes Of law
10 restrain disloyal practices, the military
power Is raised into superiority to the civil,
ana martial law is extended over the whole
country. Persons not military are made Ii
aole 10 arrest without legal process, in sum
mary manner, upon the indefinite charge of
'''disloyal practices" When so arrested
they are denied the privileged of that heredita-
ry and constitutional shield of the liberty of
the citizen, the writ Of hobeas corpus. Has
1t, then come to this, that in government
OF the people the people are less worthy to
be trusted than their rulers? In nation
the freest and most enlightened upon earth
is the citizen to be told by the petty agents
Of his own creation that his liberty is not
safe IN his keeping, and that they, through
an assumed superior intelligence, must take
It in special charge? Sir, what man wor-
thy the name Of freemcn will be reconcied
to the loss Of his priceless birthright of lib
erty, regulalated by law, by any such tyrant's
| plea as that ! believe | do not misap-
| prehend the character of my countrymen
and that they will not and ought not to
thus submit to be spoiled OF their dearest
rights by any usurping hand. What are
the people deuded with the idea that their
liberties are to be preserved, or that the
government is to be saved, in the act Of
their destruction? Are those sacred freside
rights which the Anglo-Saxon brought with
him from his native forests in Germany,
and which he has never since lived without,
to be trampled in the dust on any such
fimsy and speciors pretext as this And
have the sad days Of the Roman time under
the forms Of the republic come upon us so
soon? Are we to be the sport Of imperial
rule
Never in the history of England, even in
the most turbulent times of revolution, has
it been conceded to the monarch to arrest
persons not military without warrant issued
upon legal charges preferred under OATH
This, the common law proceeding, dates
, back, so far back in England that it cannot
be determined when it began. 1t is how
r ever, guaranteed by Magma Charta. Charles
|, did not, indeed, try the experiment of
arbitrary arrests upon vague and indefinite
charges, like those Of 'disloyal practices"
! not preferred upon oath, but upon the mere
= motion Of himself or members of the privy
council. The subversion Of the Constitu
tion and substitution Of the will Of the
g monarch was also attempted to be effected
! by the courts of High Commission and
Star Chamber, which resembled the courts
martial or military commission " Of Mr.
i Lincoln proclamation in not being govern
; ed by the common law or immemorial Gus
toms and acts of Parliament, but admitting
for law the procamations of the executive
and grounding their Judgment upon them,
selves. The English nation, however repelled
the attempt with Indignation and by the
celebrated petition of right arbitrary impris-
ouments and the exercise Of martial law
were abolished, and the obnoxious courts
suppressed.
But it will be said that this proclamation
2 Of the oath of September does not contra
: vcne Magma Charta. since it is confirmed
e by act of Congress. The answer to this is
/ that the act of Congress itself contravenes
e the provisions of the Constitution, the par
= amount law. When we turn to article four
= of the amendments to that instrument, We
n are met by this stern requirement.
A. The right of the people to be secure in their
!, persons, houses papers and effects, against un-
il olatet and no uarrant shall issue bit upon Irobd
de eie p0eG By Sa c or -@ 70 -@ snd PaT
IN the persons or things to be seized.
le Article six also requires that
n In all criminal prosecutions the accused shall
enjoy the right to SPEEDY and PUBLIC trial by
it in the crime shall have been committed, which
s. district shall have been previously ascertained
v by law and to be informed of the nature and
lr cause of the accusation; to be confronted with
NJ the witnesses against him. to have compulsory
IT. process for obtaining witnesses in his favor, and
81 TO have the assistance OF counsel for his de-
M u,:. ,., :.
l. ne tAtiIise i ~ sIcn I II ae ~
J. was " nhlcn ioSe ch"lII: l, oA
b.. confidence OF MS SUBJECTS, anu leu 10 tuc
u establishment of new guarantees against
l. sucH HaSrdnI aouse. on INC Pddil VI lno
. monarch. The practice OF a similar tyran-
{ ny in France, under the LttereS de cdchet,
had filed the dungeons of the Bastile with
innocent victims, until at the commence
p ment OF the reign OF Louis ANl, that hated
5 prison was leyeled TO the ground IN the
q indignant uprising OF an outraged people.
. What right, sir, has Congress to author
!. lze arbitrary arrests IN the face OF the prohi-
= bltions OF the Constitution? Are these pro-
,s hibitions without meaning? or were they
,fI not on the contrary disigned to meet just
.. such exlgencles as those IN which the con-
e trary Is now placed, when together with the
"a possession Of the physical and political pow
IF er of the country, party finds itself under
" the temptation 10 resort to usurpatlon IN or
= der to maintain its ascendency? a written
c. charter conters expressly all the, powers
~ which the Congress possesses, and clearly
- there is no authority contained IN any OF lts
n provisions to arrest any one ',withont, prob
n! able cause: and upon oath or athrma-
n; ton. Neither VIII the extension py
ssr- Congress ofmartlal law over the whole cGIn-
n try cover the case. There Is the same den
oh 81; cheney OF AUTHORITY there as before. Gays
...I Ia NNlN NalIT