Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1884-09-18

medlatcly enforced III Ireland, and that
these men be ensured a prompt L al be-
fore an impartial jury.
C4ndor compelS us 10 say that were it
not for certain qualifying and miugat-
ing circumstances their case against Mr..
Blaine wou i be a good one.
There are doubts whether the cOnSti-
tuition of the United S ates prevails
throughout the British Empire with the
same absolute supremacy which is ac-
corded TO it in our republic. But if it
did, there still remains the point that in
cases of rebellion and inva ion. the
right 10 the writ of habeas corpus may
be susp. nded even under the terms of
the constitution. Where it is sus, ended
the light TO make arrests of D. rsons con-
tPmplating treason or rebellion and to
hold them on suspicion, without either
discharging them, accusing th.m. or
bring ng them 10 trIal, necessarily in-
heres in the officers conduct ng the gov
eminent. If this right diO not accrue in
them by VII tue of a susppns on Of the
writ of habeas corpus nothing would be
gained or affected in any way by its sus-
pension.
In Ireland, the suspension of the ha-
beas corpus was regularly effected by an
act of parliament, and indeed has been
so in some parts of Ireland during a con-
siderable portion of the period interven-
ing since the act of union of 1900. Hence
no point can be palmer than the right of
making what were called during our re-
bellion Of 1861 arb trary arrests of sus-
poets, without bringing OF intending to
bring them to immediate trial, existed
in the English government as 10 Irish
4
for like reasons as it existed in the
American q Vernment as to American
citizens in 1864. The same cOnstitu-
ton which guar ntees the writ Of ha-
beas corpus in order 10 prevent arbi-
trary arrests also provides for the sus-
pension Of Caat writ in order to permit
them. In this respect the law is the
same in principle in the United States
as in Great Britain, though emanating
from a different authority.
In the United States, from 1861 no
distinction would have been made IN ar
resting persons suspected of plotting
treas On and rebellion on American soil
between persons owing allegiance to
England and those owing allegiance to
America. An American citizen found
on Russian, O. rman, or English soil and
sus spected Of p'O'thg treason against
those governments, has the ghtS of a
Russian, German, OF English subject,
and not one whit more or greater. This
follows insapal ably from the principle
that a Russian, German, or Freuch sub
let found on Anne lean soll and sus-
pt cted here of plotting tr.as IN or rebel
lion against our government, has the
rights as to trial which an American cit
zen has, and no IN re. IF the American
citizen has no light to the speedy and
imp ,rtial trial guaranteed by the Con-
sti%ution, IS he has not VIII II The priv
1ege Of the habeas 'rpus is susp ndpd
pursuant to the Constitution, th-n The
foreigner has no such right for the time
being
1t is just so in England and Ireland.
The question, therefore, whether in the
case of any given arrest of an Irish
American in Ireland our government
was called upon to intervene, depended
on whether a case of contemplated re-
sistance to British authority actually
existed and the habeas corpus act had
been formally suspended by parliament.
If SO, the right to arbitrarily arrest and
hold suspects accrued to the British gov
ernment as fully as the like right ac-
crued to ours in 1860-64, and if Cleve-
land OF Blaine were secretary of state,
he would alike recognize the right and
could not avoid it. So the issue which
Mr.. Hurlbut seeks to raise is not an is
sue. 1t does not exist.