Year: 1863

or oHef h,gh crime o. HiiSiemeaaor. endanger,


ing The peace or safety of the Government.


But your doctrine undisgaisedly is. that


a Suspension of this writ iustifies arrests
without warrant, without oath, and even
without suspicion of treason or other
crime. Your doctrine denies the freedom


OF speech and OF the press; it invades the
sacred domain OF opinion and discussion ;
lit denpunees the IFS" and the "buts" OF
the English language, and even the refuge
of silence is insecure.


We repeat, a suspense Of the writ of
habeaS corpus merely dispenses with a sin,
gle and peculiar remedy against an un,
lawful imprisonment bat if that remedy
had never existed, the right TO liberty


would be the same, and every invasion of
that right would be condemned, not only


by the Constitution, but by principles of
lar greater antiquity than the writ itself
! Our common law is not at all indebted TO
this writ for its action oc false imprion,
ment, and the action would remain to the
citizen 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 il necessary, in
selt'defence, may take the life of the ag.
gressor. 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 inadequate for the
protection of free institutions. there re.
mains, IN the last resort, the supreme
right OF revolution. You once announced
this with latitude of expression which
may well be considered dangerous in the
present crisis Of our national history
You said:


"Any people, anywhere being inclined and
having the power, have the right to rise up and
shake off the existing government, and form a
new one that suits them better. Nor is this
right confined to cases where the people of AN
existing government may choose to exercise II.
Any portion Of such people, that can, may revolu
honize and make their own 50 much of the terri
tory as they inhabt. More than this a majority
OF any portion Of such people nay reyolutonze,
putting down minority interminglsd with or
near about them, who may oppose their move
ments.'-(Vol. lG, Congressional GloJr, p. 49,


Such were your opinions, and you had
a constitutional right to declare them
If citizen now should utter sentiments
far less dangerous IN their tendency, your
nearest military commander would con,
sign him to dungeon, or to the tender
mercies OF court.mdrtial, and you would
approve the proceeding.


In our deliberate judgment The Consti.
tuition is not open to the Interpretation
suggested by your communication now
before Us. We think every part of that
instrument is harmonious and consistent.
The possible suspension OF the writ of
haJcoS corpus is consistent with the freedom
of speech and Of the press. The suspen,
sion Of that remedial process may prevent
the enlargement of the accused traitor or
conSpirator until he shall be legally tried
and covicted or acquitted; but in this
we find no justification for arrest and im-
prisonment without warrant, without
cause, without the accusation or suspiciou
of crime. 1t seems to us, moreover, TOO
plain for argument that the sacred right
Of trial by jury, and in courts where the
law of the land is the rule of DECISION, is
right which Is never dormant, never
suspended, in peaceful and loyal commu>
nli!0s and States. Will you, Mr.. Presi.
dent, maintain, that because the writ of
haLeas corpus may be in suspense, you can
substitute soldiers and buyonets for the





comissions ana inquistorial mode of trial
for the courts and juries prescribed by
the Constitution itself? And ifyou can,
not maintain this, then let us ask where
is !he justification for the monstrous pro-
ceeding in the case Of a citizen of Ohio, to
which we have called your attention p
We know that n recreant Judge, whose
name has already descended to material
contempt found the apology on the out.
Sids 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 a suspension ofthe writ of habeas
corpvs. This act now demands your spe,
cial attention, because, if we are not greats
ly in error. its terms and plain intention
are directly opposed to all the arguments
and conclusions of your communication.
The act, besides providing that the haBea.
corpus may be suspended, expressly CON-
mands that the names of all persons
heretofore or thel leaEter arresied by sus
thoritY of the President or his cabinet
ministers, being cidsenS Of States in which he
Of pc lars has continued uaina,
paired shall he ret0Pned TO the courts OF
the United States for the distriats in which
auch persons reside, or in which theiy
supposed offences were committed; ard
such return being made, if the next grand
jury attending the courts does not indict
the alleged Offenders, then the judges are
TO issue an order for their
immediate discharge from imprisonment.
Now we cannot help asking whether you
have overlooked this law, which most
assuredly you are bound 10 observe, or
whether it be your intention to disregard |
il Its meaning certainly cannot be
mistaken. BY i the national Legislature
has said that the President may suspend
The accustomed writ of habeaS corpns, but
1t the same time it has commanded that
Nj arrests under his authority shall be
made known to the conrts ofl
ustice, and that the accused parties shall
De liberated, unless presented by a grand |
ury according to the Constitution, and
.red by q jury in the ancient and accus,
.omed mode The President may possi,
by, so far as Congress can give the right.
Irrest without legal cause or wsrrant.-I