Year: 1863

writ were abolished forever. Again, every
man, when his life or liberty is threatened
without the warrant Of law, may lawfully
resist, and Unnecessary in self defense may
take the life Of the aggreSsor Moreover,
the people of this country may demand
the impeachment Of the President himself
for the exercise Of arbitrary power. And
when all these remedies shall prove made
quate for the protection offree institutions,
there remains, in the last resort, the su-
preme right of revolution You once an
nounced Nhis right with n latitude Of cx-
preston which may well be considered
dangerous in the present crisis Of our ma
tional history. You said: "Any people,
anywhere, being inclined and having the
power, have the right to raise up and shake
off the existing government, and form a
new one that salts them better. Nor is
this right confined to cases where the peo-
pie of an existing government may choose
to exercise it. Any portion of such peo'
pie that can may revolutionize and make
/ their own of so much Of the territory as
, they inhabit More than this, majority
Of any portion Of such people may rcvolu-
tionize, putting down minority intermin.
gled with or near about them, who may
oppose their movements" [Vol. 10, Con-
gTeSsional Globe, p. o. Such were your
opinions, and you had a constitutional
right to declare them. II citizen now
should utter sentiments far less dangerous
in their tendency, your nearest military
commander would consign him to dun
gcon or to the tender mercies Of court
martial, and you would approve the pro.
cceding.


In our deliberate judgment the Consti


tuition is not open to the new intcrprcta
! ton suggested by your communication
now before US. We think every part of
that instrument is harmonious and con-
sistcnt The possible suspension of the
writ of habeas corpus is consistent with
freedom of speech and of the press. The
suspension of that remedial process may
prevent the enlargement of the accused
traitor or conspirator until he shall be le-
gally tried and convicted or acquitted !;
but in this We find no justification for ar
rest and Imprisonment without warrant,
without cause, without the accusation or
suspicion of crime. 1t seems to US, more
over, too plain for argument that the sa .
cred right of trial by jury, and in courts
where the law of the land is the rule of
/ decision, is a right which is never dor
mant, never suspended, in peaceful and
loyal communities and States. Will you,
/ Mr.. President, maintain that, because the
writ Of habeas corpus may be in suspense,
YOU can substitute soldiers aud bayonets
for the peaceful operation Of Tie laws,
military commissions and inquisitorial
modes of trial for the courts and jurlcS
prescribed by the Constitution itself p
| And if you cannot maintain this, then let
US ask where is the justification for the
monsTous proceeding in the case Of a
citizen Of Ohio to which we have called
your attention? We know that recre-
ant Judge, whose name has already de-
scended to merited contempt, found the
apology on the outside of the supreme
and fundamental law of the Constitution.
But this is not the foundation on which
your superstructure of power is built
! We have mentioned the act Of the last
Congress protesting to authorize the suS-
! pension of the writ of habeas corpus. -
This act now demands your special attcn-
ton. because, if we are not greatly in cr-
ror, its terms and plain intention are d.
rectly opposed to all the arguments and
conclusions Of your communication
That Get, besides proving that the habeaS
corpus may bc suspended, expressly COM
mands that the names of all persons there
tofore or thereafter arrested by authority
of the President, or his cabinet ministers,
being citizens of States in which the ad-
mnistration of the laws has continued
unimpaired. shall be returned to the courts
Of the United States for the districts in
which such persons reside, or in which
their supposed offtnseS were committed a.;
and such return being made, if the next
grand jury attending the courts does not
indict the alleged offenders, then the judges
are commanded to issue an order for their
inmt date discharge from imprisonment.
Now, we cannot help asking whether you
have overlooked this law, which, most as
suredy, you are bound to observe, or
whether it be your intention to disregard
it? Its meaning certainly cannot be mis-
taken. By it the national legislature has
said that the President may suspend the
accustomed writ of habeas corpus, but at
the same time it has commanded that all
arrests under his authority shall he made
known promptly to the courts of justice,
and that the accused party shall be lihc-
rated, unless presented by a grand jury
according to the Constitution and tried
by jury in the ancient and accustomed
mode. The President may possibly, SC
far as Congress can give the right, arrest
without legal cause or warrant. We Ger
tainly deny that Congress can confer thi,
right, because it is forbidden by the higher


law Of the Constitution. But, waving
that consideration, this statute, by its very
terms, promptly removes the proceeding
: in every case into the courts where tn,
safeguards of liberty are observed, ant
where the persons detained are to be dis
charged, unless indicted for crimiNal Of
,fenSes against the established and ascer
tanned laws Of the country.


Upon what foundation, then, permit u


to ask, do you rest the pretension tina
men who are not accused Of crime may b.
seized and imprisoned or banishcd at tn


will and pleasure Of the President or an
of his subordinates in civil and militar,
positions? ? Where is the warrant for in
vsding the freedom of speech and of tn


press! Where the justification for pla
cling the citizen on trial without the pre-
sentiment of a grand Jury and before mil
itary commissions There is no pore
in this country achich ean dispense aoitI
its hWS. The Prcsidentisa as much boun,
by them as the humblest individual. W


pray you to bear in mind. in order tina
you may duly estimate the feeling Of tn
, people on this subject, that for the Grim
of dispensing with the laws and statute
Of Great Britain, our ancestors 5rough
one monarch to the scaffold, and expele