Year: 1863

I'D aON ol tue pSaceiul aud lcNal states ol llS
Union. An act Of Congress approved by you
on the Sd of March, 1853, authorized The


President 10 suspend i; during the present rebel


lion. That the suspension is a legislative. and
not an executive act, has been held in every
judicial decision ever made in this country. and
We think 1t cannot be delegated to any other
branch Of the Government. But passing over
that consideration, You have not exercised iht
power which Congress attempted 10 confer
upon you aud the writ is not suspended in any
part of the country where the civil laws are il
force. Now, inasmuch as your doctrine of the
arbitrary arrest and Imprisonment OF innocent
men, in admitted violation OF express consiitU
tional guarantees. is wholly derived from q
suspension of the habeas corpus, the first step
to be taken in the ascent to absolute power
ought TO be to make it known TO the people
that the writ is in fact suspended, TO the end
that they may know what is their condition.
IoG have not yet exercised this power. aud
therefore, according 10 your owu constitutional
thesis, your conclusion falls TO the ground. l;
is one of the provisions of the Constitution
and of the very highest value that DO CT post
faeto law shall be passed. the meaning OF which
Is, that no act which Is not against the law
when committed can be made criminal by sub
sequent legislation. But your claim is that
when the writ of habeas corpus is suspended
you may lawfully imprlson ard punish for the
crimes Of silence, of speech, and opinion. But
as these are not offenSeS against the known and
established law of the land. the constitutional
! principle 10 which We now refer, plainly re-
quires that You should, before taking cogni.
zance OF such offenSes. make known the rule of
action, in order that the people may be advised
! lufs to liob -
penalties. Let US turn your attention to the
most glariog and indeensible of all the assaults
upon constitutional liberty, which have marked
the history of your Administration. No one
has ever pretended that the writ of habeas
corpus was suspended in the State of Ohio,
where the arrest of citizen at midnight. al
ready referred to. was made, and be placed be-
fore cOurt-martial for trial and sentence, upon
charges and specifications which admitted his
innocence according TO the existing laws OF
his country. Upon your own doctrine, then,
can you hesitate TO redress the moastrous
wrong?


But, sir, We cannot acquiesce in your dog
mas that arrests and Imprisonment, without
warrant or criminal accus alton, in their nature
lawless and arbitrary opposed to the very let
ter OF constitutional guarantees, can become in
any sense rightful, by reason of a suspension of
the writ of hdbeds corpus We deny that the
suspension of single and peculiar remedy for
such wrongs brings into existence new and
unknown classes of offenses, or new causes for
depriving men of their liberty. 1t is one of
the most material purposes of that writ to
enlarge upon bail, persons who, upon probable
cause, are duly and illegally charged with some
known crime, aud suspension of the writ was
never asked for in England nor in this country.
except to prevent such enlargement when the
supposed ofense was against the safety of the
Government. In the year 1907. at the time
OF Burrs alleged conspiracy, bill was passed
IN the Senate of the United States, suspending
the writ of habeds corpus for a limited time IN
oil cGses~ 1rhere persons arere charged on oath
Nth treason, or other high CRIME or misde
mennor, endangerng the peace or safety of the
Government. But your doctrine undisguisedly


is, that a suspension of this writ justifes arrests
without warrant, without oath, and even with
out suspicion OF treason or other crime Your
doctrine denies the freedom of speech and of
the press. 1t invades the sacred domain of
! opinion and discussion. 1t ItdeDounces the ifs
and the " butts of the English language, and
even the refuge of silence is insecure.


! We repeat, suspense of the writ of habeas
corpus merely dispenses with single and pc
culiar remedy against an unlawful imprison
inent but if that remedy had never existed
the right to liberty would be the same. and
every invasion of that right would be condemn
ed not only by the Constitution, but by prlnci
piles OF far greater antipathy than the war itself
Our common law is not at all indebted to this
writ for its action of false imprisonment, and
the action would remain 10 the citizens, if the
writ were abolished forever Again, every
man, when his life or liberty is threatened
without the warrant Of law. may lawfully resist
and if necessary 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 arbi
trary power. And when all these remedies
shall prove inadequate for the protection Of
free institutions, there remains in the last
resort, the supreme right of revolution. You
once announced this right with latitude of
expression which may well be considered dan
gerous in the present crisis of our national
| history. Iou said Any people, anywhere,
| beng inclined and having the power. have the
| right to raise up aud shake off the existing
government, and form new one that suits
them better. Nor is this right confined to
cases where the people of an existing govern
ment may choose to exercise it. Any portion
of such people 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 revolutionlze,
putting down minority intermngled with or
near about them. who may oppose their move
ments." Vol. l9. Congressional Globe, p 81. J
Such were your opinions, and you had a con
stitutional right to declare them. II citizen
now should utter sentiments fer less dangerous
in their tendency, your nearest military com
mander would consign him to a dungeon or to
! the tender mercies OF q court-martial, and you
would approve the proceeding.


In our deliberate Judgment the Constitution
is not open to the new Interpretation suggested
| by your communication now before Us. We
think every part of that instrument is barmo-
nious and consistent The possible suspension
of the writ of hdbsos corpus Is consistent With
/ freedom of speech and OF the press. The sus-
pension Of that remedial process may prevent
the enlargement Of the accused traitor or con
spirator until be shall be legally tried and
{