The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1871-06-01
Aoated.
The Writ orLtherfv.


gress-the Ku-Klux law-which authorizes Presi-
dent Grant to suspend the privilege Of the writ Of
haleas COT DtinBs sAu memories OF what TINS
great writ OF liberty has undergone within the
last ten years.
The constitution says; ''The privilege of the
writ of habeas corpus shall not be suspended I'M
less when in cases Of rebellion or invasion the /
public safety may require it."
Justice Taney for issue of the writ to General !
Iadwalader. The petitioner set forth that he was |
deprived OF his liberty by armed men, who incar- |
cerated him in Fort McHenry. The writ was is |
sued, and the general replied that he is ''duly
thorized by the President in such cases to sus- /
pend the writ of habeas corpus for the public |
safety and refused to produce the prisoner. The
Chief-Justice thereupon decided that 'the privi-
lege Of the writ could not be suspended except by
act of Congress-"
lamati0n Of suspension had been made by the |
President, only an order issued to commanding
officers, which in effect extinguished the most
important personal guarantees of the COnstitu-
| ton. citizen is seized and imprisoned for
cause known to no one but few military officers,
and when the Chief-Justice Of the United States
issues writ TO inquiIe into the ground Of impris
onment the military commander refuses TO tell or
produce the prisoner. He demanded speedy
trial" but suspension of the writ literally ella
ees him from his country. The facts developed in
| the MerTyman case and opinion of the Chief
Justice deeply stirred the whole country. Re-
| publican partisans denounced the venerable
| ChiefJustice as the vilest .of the vile. On the
other hand conservative men upheld and Aindi-
| Gated his judgment. In the meantime, September
| 81, 1862, President Lincoln made public proca-
nation that 'the writ of habeas corpus is suspen-
ded in respect to all persons arrested or who are
| now or hereafter during the rebeIiion shall he
imprisoned IN any fort" &c. This was without
warrant Of Congress, and discussion OF the ques-
| tiOn of power IN the Executive won't on Finally
the next September, in .ls6S the public indigna-
thorzed the President TO suspend the privilege Of
| the writ and passed an act to indemnify him
| Executive suspensions.
Republican partisans in Congress did not, so
| give to the President unlimited power in this
matter, for it required that the lists containing
| the names of persons arrested should be furnish
nn trf ind nf lafra
| and whenever the grand jury of any of these
courts should terminate its session without find
| es should order such prisoner desiring a dis
charge to be brought before them 10 be discharged
These provisions lulled the popular wrath and
slackened the popular vigilance The people
wereIcheated again. The names of of'pTisoneTs were
not furnished the oppressed were not hidden to
Thenoxt prominent event in the history of ha-
Court Of the United States at the peeem6er term
of 1866 Of the case Of Milligan, who arrested
in 1894 in the State of Indiana by Major-General
Hovey, brought before a military commission,
tried, found guilty, sentenced to be hanged, and
ordered to be executed May 10, 1865. On the I'd
day of the next January the circuit court for In
diana met at indianapolis. The Grand Jury
thereof was discharged without finding any in
dictment against Milllgan. Thereupon the accus-
ed, under the act of 1863 just eiedpetitioned the
court TO be released. The Federal judges were
divided IN opinion on the three following ques-
tions: l. Whether writ of habeas corpus ought
to be issued; 2. whether Millgan ought 10 be dis
charged from custody and Sd whether the mill
! tary Commission had Jurisdiction legally to try
and sentence Milligan. The division was certified
| to the Supreme Court there argued, and the first
two quarters were decided in the affirmative and
the last in the negative. This decision called
forth almost as much hostile criticism on the
part of Republicans as did that Of Chief-Justice
faney in the bred Scott case. The major
/ ity Of that tribunal was assailed with all
manner OF abuse. All of the nine Judges
were agreed that President Lincoln had the power
to establish military commission to try ciyili-
an in part of the country not invaded by hostile
armies nor in state OF ins nsurreetion, but in which
the regular courts of law were in fuIi and unim-
/, / needed n q a
executive authority and the current of partisan
Republican feeling IL cut up by the roots the
) so zealousIy eontended. The court admitted thai
Congress had authorized the President If he
3 thought the public safety demanded, to arrest
? suspected person and deprive him of the privi
lege Of habeas corpus that is deprive him Of the
to give the cause Of his detention return 10
, writ. But the court added that it was not con
e in custody bey0nd certain fixed period, unless
2 certain Judicial proceedings known to the com
mon law were commenced against him.
The next event in this history is an act Of Con-
gress of February 5, 1867. Previous to this time
> an inferior judge on habeas corpus case up e
the appellate tribunal at Washington compf
, Gated and inconvenient This act of the latter
year was intended to provide remedy for an ap
peal to the crcuit court from any inferior judge
5 and from the circuit court to the Supreme court
, The legislation was OF most comprehensive
character. After this law was passed one McArdle
t was arrested by military commander in Missis
I sippi for political oftense. The accused was
brought up on a writ of haheas corpus and recorder
ed into custody. From this orderan appeal was
/ taken TO the supreme Court. Il was argued by
+, Senator Trumbull against McArdie that the act o.
1851 only intended to protect loyal men in the
s rebel States nom deprivation OF their liberty
under State laws administered by rebel eficers
In other words, it was only to shield freed ne
5 groes. The whole Supreme Court to this argu
! Iaent said '.no." The law was as applicable L
white men as to black or red men, and the juris
dietion OF the Supreme Court was sustained. Thi
opinion was given early in 1868.
Watch the sequeli March q, ls6s, a law wa
| passed repeating so much Of the previous act o
/
| cases from the Circuit court TO the Supreme Cour
g of she United States. The bill vetoed by Pre-
!, | sident johnson, but passed over his head. II
December, 1863 when the Supreme Court met, it,
e attention was directed TO this statute, aTgumen
heard upon the effect Of the repeal of the act
and the court decided that Congress by the repea
2 i case Of MeArdle. In other words, the court hav
ing asserted its Jurisdiction to examine the fac
: upon which McArdle was arrested, and TO deter
q mine whether or not he was legally in custody
= such inquiry
4 The next and last stage in this disgraceful his
u tory is the passage of the recent Ku kiux bill
e wherein the President is authorized TO suspend
sanS S he second seetion Of tbe act Of Marc
}. 3, 1865, to which we have already referred, an
4 shall refer again at another time BY referene
to the constitutional provision in respect TO sus
pension of the writ, already cited 1t will be seel
eminent to issue the writ as ofright. This powe
p inheres in the Judiciary, and the clause in cues
u ton not only requires that Congress and not ia
# President, shall make the suspension, but pro
= hibits Congress from so doing unless-hrst. re
l6 beiOn invasion actually exist public fact
and secondly, that the public safety require IN
suspension. No power in this government; Wheth
| er legislative executive, can suspend this wri
l. in anticipation of rebellion invasion. One o
s the other must be actually and palpably going OF
Every body knows that no invasion existed IN tn
l. Southern States at the time of the Ku kluX Law
( Neither was there nor is there rebellion With
u the meaning OF the Constitution. SO much, there
VI fore of the Ku Klux Legislation authorizes tn
70 President to suspend the privilege OF the writ
IN hRbeas corpus is mere usurpation, unauthorized
~ unwarranted, null and void.
If civ or
President Grant Is, however, obvious. It was
enable him to strike tel ror into the Souther
ID communities by arrests from which there gas n
power in the judicial tribunals TO relieve. 1t wa
L to enable him to carry on bayonet elections
l., their akedest shamelessneSs. The N Hilary pl
y biscites of Louis Napoleon were mellow musi
W matched" with the Ku Klux powers Of GeneEl
Grant. The power was given TO be exercised
2S Southern States; but, as we have heretoiol
e shown, there is now power sufheient 70 -preNef
> the administration from certifying the exiftene
4 8aefS safpon- which IT. can 5saskeoq S15 tgReA
~ New York or any other NortReTp State hghQS
If election iC desires TO carry: No botd On Paide
falsehoodss lgill be ,nsceSsafyOS4 5{fqg a99Qi
4 last autumfI 70 enable GeBera4 ltcipyell eI$
VI this city with Federal troops The eiectipp Y
~, of May, 1870, wasthSi most haSr2tft Itf nh fdf
iS tutional outrage by the Repuhlican party bn III
IN rights of the States which had }i itiiae tim
been perpetrai ed IT Was ,abominable enof SAL
D. have warranted armed resistance to an ertort 2
~, the part.of the President to enforcHtprovts SION
But il paternal and constitutional genf e1ef
compared with the provisions OF the94t9 hf1q
bill, its misbegotten offspring, born 10 the slttf
unlawful end, Of perpetuatiDg Republican p0<ft
,r by the bayonet all else failing.-N j. HOriL