The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-07-28

one, In proper form ana De1Ore
proper tribunal. charges him with
violation of the law.
But the court says he Is held by due
process of law. Whatever war power
the governor may have, this power is
not due process of law.
The court then says: mo case has
been cited where the precise question
volved and determined, but in cases
where the courts have had occasion to
speak of the authority Of the military
to suppress insurrection and the means
which may be employed to that end, it
has been stated that parties engaged
in riotous conduct render themselves
liable to arrest by those engaged in
quelling it."
What connection there is between
the right OF military officer to arrest
a person on suspicion only and hold
him without preferring any charge
against him, because he fears he may
commit an offense, and the right of an
officer to arrest a rioter caught red
handed, l cannot comprehend. AL
though it is true, as stated by the
court, that the precise point upon
which the decision rests has never
been determined by other courts, it is
not because that point was not pre-
sented and urged by counsel, nor be-
cause the opportunity for SO deciding
was not afforded the judges; and it
must be that the reason the point has
not been sustained by some other
court is that no other court could con-
cede to the executive all the power he
would if the privilege of the writ Of
habeas corpus we're suspended, with
out determining that he had the power
to suspend the writ. During the great
rebellion, when millions of soldiers
were in the field and when hundreds of
persons in the loyal states were sus-
pected of actively aiding these en-
gagged in the rebellion, and arrested,
the courts might have held that the
necessity for putting down the re-
bellion carried with it the power to
arrest and detain suspected persons,
notwithstanding the guarantees OF the
constitution, but not one of them did
SO. There is no dearth of authority
in this country, or in England, direct
ly contrary to the ruling of this court.
can find no middle ground to
stand upon, and | most certainly can
not assent to the novel doctrine an
nOunced by this court. IL one may be
restrained Of his liberty without
charge being preferred against him, ev-
cry other guarantee of the constitution
may be denied him.
The constitutional privileges are not,
in the nature OF things, separable 1t
was intended by our fathers that all
should be inyiolable except one, and
that to be suspended by the legisia-
ture only in case of great emergency.
Martial law exists or it does not exist.
When it exists, there is no civil law.
Martial law and civil law cannot ex-
list together. If the civil law can en-
force one guarantee, it can enforce all.
II the civil law is overthrown, it is
powerless to enforce any right. When
martial law does not prevail, unless
the privilege OF the writ of habeas
corpus is suspended, every right guar
anteed by the constitution is enforce
able; and the constitution is violated,
rudely violated, when one is deprived
of liberty without due process of law.
The greatness of this country con-
sists in being able to protect, by the
shield of its constitution, the humble
and the exalted, the pure and the
wicked. We gave the wretches Gui-
teau, Prendergast and Czolgosz trials
by due form of law, and by SO doing
we strengthened the nation at home
and abroad. Had we. departed from
the principles declared by our fathers
we should have lessened the liberty
OF every citizen and impe1iled the title
to all property.
When we deny to one, however
wicked, right plainly guaranteed by
the constitution, we take that same
right from everyone. When we say
to Meyer: "You must stay in prison
because IL we discharge you you may
commit crime" We say that to every
other citizen When we say TO one
governor: "You have unlimited and
arbitrary power" we clothe future
governors with that same power. We
cannot change the constitution 10
meet conditions. We cannot deny lib
erty today and grant 1t tomorrow;
we cannot grant II to those thereto