Year: 1863

the public safety requires it? True II is,
the article OF the Constitution which de.
fines the various powers delegated to
Congress, declares that "the privilege of
the writ Of hdJeus corpus shall not be
suspended unless where, in cases Of re.
bellion or invasion, the public safety may
require it." But this qualification or
Limitation upon this restriction upon the
powers of Congress, has no reference to
or connection with the other constitution.
al guarantees Of personal liberty. Ex-
punge from the Constitution this limita.
tion upon the power Of Congress to sus.
pend the writ of haJeas corpus, and yet
the other guarantees Of personal liberty
would remain unchanged.


Although man might not have con-
stitutional right to have an Immediate
investigation made ss to the legality Of
his arrest upon habeos corpus, yet his
fright to a speedy and public trial by an
impartial jury of the State and district
wherein the crime shall have been com
mitted," will not be altered; neither will
hil right to the exemption from "crue
and unusual punishments;" nor his right
to be secure in his person, houses, papers
and effects, against unreasonable search
es and seizures; nor his right not to be
deprived of life, liberty or property with
out due process of law; nor his right not
to be held to answer for capital or 9TH
erwise infamous offense, unless on pre-.
sentiment or indictment of a grand jury,
be in any wise changed. And certainly
the restriction upon the power Of Con
gress to suspend the writ Of hobeas corpus,
in time of insurrection or invasion, could
not affect the guarantee that the freedom
of speech and of the press shall not be
abridged. 1t is sometimes urged that
the proceedings in the civil tribunal are
too tardy and ineffective for cases arising
in times of insurrection or invasion. 1t is
a full reply to this to say, that arrests by
civil process may be equally as expedi-
tious and effective as arrests by military
orders. True, a summary trial and pun
ishmeut are not allowed in the civil
courts. But if the offender be under ar
rest and imprisoned, and not entitled to a
discharge on a writ of hu5eas corpus, be-
fore trial, what ore can be required for
the purpose of the Government T? The
idea that all the constitutional guarantees
of personal liberty are suspended, trough


out the country, at time of insurrection
or invasion in any part of it, places us
upon sea of uncertainty, and subjects
the life, liberty and property of every
citizen to the mere will of military com
mander, or what he may say that he con
siders the public safety requires Does
your excellency wish to have it under
stood that you hold that the rights of ev-
cry man throughout this vast country are
subject to be annulled whenever you may


say that you consider the public safety
requires it, in time of instruction?


You are further reported as having said
that the constitutional guarantees of per-


sonal liberty have emo application to the
present case we have in hand, because the
arrests complained of were not made for
treason-that is, not for the treason de-
fined in the Constitution, and upon the
conviction of which the punishment is
death-nor yet were they made to hold


persons to answer for any capital or 9TH
erwise Infamous crime; nor were the pro,
C edings following in any constitutional
or legal sense criminal prosecutions. p
The arrests were made totally on differ
ent grounds, aud the proceedings follow
ing accorded with the grounds of the ar-
rests" etc.


The conclusion to be drawn from this
position of your Excellency is. that where
a man is liable to "a criminal prosecu-
tion," or is charged with crime known
to the laws of the land, he is clothed with
all the constitutional guarantees for his
safety and security from wrong and in.
Justice; but that, where he is not liable to


criminal prosecution or charged with
any crime known to the laws, if the Pres


ident or any military commander shall


say that he considers that the public safe
ty requires it, this man may be put out


side OF the pale of the constitutional guar.
/ antees, and arrested without charge o.
: crime, imprisoned without knowing wha
, for, and any length Of time, or be tried
before rt-martial and sentenced tc
any kind Of punishment, unknown to thu
: laws of the land, which the President o.
the military commander may zee prope
!, to impose. Did the Constitution inten'
r to throw the shield of its securities aroun,
0 the man liable to be charged with treason
a as defined by it, and yet leave the man
!, not liable to any such charge, unprotect
t ed by the safeguards of personal liberty
a and personal security? Gan man no
in the military or naval service, nor with
4 in the field of the operations of the army
: be arrested and imprisoned without any
D law of the land to authorize it Can
: man thus, in civil life. be punished with
d out any law defining the oifense and pre-
d scribing the punishment !? If the Presi
9 dent or court martial may prescribe on
9 kind of punishment unauthorized by law
d why not any other kind =? Banishmen
n is an unusual punishment, and unknown
= to our laws. If the President has th
/ right to prescribe the punishment Of ban
q ishment, why not that of death and con
:, fiscation of property? If the Presiden
- had the right to change the punishment
: prescribed by the court martial from i'm
y prisonment to banishment, why not fror
70 Imprisonment to torture upon the rscl
= or execution upon the gibbet


}. If al indefinable kind OF constructiy
10 treason is to be introduced and engrafte
l. upon the Constitution, unknown to tt
!. laws of the land. and subject to the wi