Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1866-09-13
THE GAZETTE.
,rHrRsDAY EVENING, SEPTEMBER 10
IThe Rights of Trial.


Mr. PRESIDENT: propose this evel.los to
after a preamble and resolution, which may
lake you somewhat by surprise, Us being the
irSt of the character offered in like body,
either north or south OF Mason and l'lxon's
line. When truly desirable object IS to be
attained. the sooner tho effort is made to obtain
that object, the better; and 1 have thought it
well that we should show some feeble iudica-
rion of the general anxiety which Is manifest
ed on the subject to which | Intend to roier.--
the scioli.t will probably read them With
smile, and the time server and timld cltizen,
will regard both the time and the place OF Their
introduction as improper; but the true sou, not
only Of once undivided and once undaunted
Virginia, but of the United States, will as by
instinct, recognize the point which tley indicate
IS not only vital to himself, but common to
every free white American citizen. lheTe are
subjects of interest to the citizen, which point
out The time and the place for him to erincc
which the resolution refers Is rot OF that re
stsicted character. Its value is as lneStlmatle
IS it is cea>ce>s. and al times and all places
cre its times and its places. 1t is the Heaven
corn right of walking unlmpeded by Illegal
force, upon God seternal footstCol, and tbrealh
ing, uuconGned by arbitrary power, Gods free
pure all; for there are principles as we'll estab-
hshtd in the legal and moral world, IS there
ere truths confirmed In the physical, and no
part OF law is better sustained than that which
DroclaimS that man is not to ne deprived OF
life, liberty or property without due process OF
law" The Constitution of the United States
vas intended to be the helm Of America ca
reer, and designed that the conduct OF the men
gho were to be elected unoer its provisions 10
administer lis plain instructions. Was to De
Judged by It's letter and spirit, arc not Its letter
md Sp,it by the opinions snd bias OF those
whom popular favor might place in temporary
guardianship Of all its unmistakabe franchises;
and if there are clauses or sections, Or parts OF
Sections in that abused, torn ard eon,Orted com
2act terwcen co-equal and coteIn porary States,
about which there may be reasonable differ
ence OF opinion, it embodies, atleast, one clause
which is incapable OF any other Interpretation
than that which is so plainly mentioned IN 1t,
letter by letter, WORT by word, and sentence by
sentence 1t is so full perfect and precise IN
Il! its parts, that its language needs bur to re
:ead to be understood. 1t is as follows:
The trial Of al crimes, except III eases Of
impeachment, shall be by jury; and such trial
shall be held in the State where the said crimes
shall have been committed; but when not com
,litted within any State, the trial shall oe at
such place Oh, places as the Congress may by law
have directed" .... --
Plain as this clause Of the Second Section OF
lha Third Article of the Constitution is the
wise Inch CT l1S7, who had fought so long and
20 hard, and achieved liberty SO dearly, ieIt ell
rhe measure Of its blessing; and, fearing thar
hey bad not sufficiently secured it against the
encroachment which might arise on the part OF
those representatives to whom they had en-
trusted he care OF their delegated powers, -
caused the following language 10 be erected
into an organic law, and it became the Sixth
!Artc.? OF the amendments to the CODsiitu-
lion:
In all cr;minal prosecutions th accused shall
An 'mpartiai jury Of the State and district where
in the. crime shall have been committed, which
distric: shall have been previously ascertained
by law, and to be informed Of the nature and
cause of the accusation to be confronted with
The witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and
nave The assistance Of counsel for his defense.
Such are he explicit mandates OF The origl-
nal clause Of the Second Section OF me Third
irtcle of the Constitution Of the United States
and Of one Of the Articles of the Amend
mcnts OF tic Constitution. On sire, OBJ
servancc Of them depends all the assurance and
contentmcnt Of personal safety; sud when ae
american citizen hears that bis n, ghbYr has
hacn arrested and imprisoned without due
process Of law, the anxious promr'l.ude Of
;errib!a alarm should fill his mind, and the
.2ost solictous attention should be used to bring
into operation the powers that nature ana cduca"
ion have given him, to ensure that neighbour all
-:yhts 10 which he is entitled; for he WHO IS s0
lost to considerations OF his own liberty as To
give direct or indirect counteTaEce to the
;,euscs agencies or influences which may l!c-
sumo TO override organic law and will DOT, at
ell times, and in all places, attempt to rebUkc
he teucrity OF the public representative, who
would, under whatever pretext. lay partl2sn
hands unon such a precious barrier is tit
% be slave OF the most mercenary impulses,
md encourages lawleSSness, which. at any
moment, may be turned upon himself with s
.ne rigor Of arbitrary force.
Strike out this clause aud lis amendment
rom the Constitution of the United States,
I'D all its balance Is but empty p'atltude, and
worthless twaddle. Bring both TIC clause ond
is amendment into contempt by frequent yio-
iatons Of them. and let their iufractions go 10
rebuked, aud the citizens Of this Confederation
y: co-equal and sovereign States, are no longer
trecmen, but the mere puppets OF any d0ml-
1ant sentiment or power, that may elect to use
them Tor tic qualification Of its OWL narrow
and selfish designs. Hesrtlets invasion, vim
3lctive War aud merclIess oppression, taught
ne SageS and Heroes Of lT76 to feel the in-
oortance OF the principles which they so ardu-
ou>ly struggled to ESTABLISH to guard themselves
2rd their posterity against a repetition Of the
2evere ordeal through which they were then
passing; and, to illustrate to the civilized world
low vain would be the hopes Of their oppres-
Iors to bring them back 10 allegiance, by the
means which they adop1ed for the purpo-e -
:.ye, those men whose high morality has yield |
&C their names the fruit IF an untarnished I'M
,1ortaty on EARTH felt all the sacredneSs of the
Anoouodeded value Of personal liberty, and
Ought seven long and weary years to free
themselves not only from the rule of those who |
-'ere sent against them to destroy it, but TO
,aach by every act and word Of their lives
tleir posterity that, every CITIZEN of the co
cousl States which they ordained, should stand |
2qual before the law and that, the privilege
.: the writ Of habeas corpus shall not be sus-
,e6ded, unless when in cases Of rebellion or in |