Year: 1863

WTlt0per8CeS IuercIOfS W c4Ie0t tO8t
if tbs person be committed his case shall not be
inquired into, and he must remain prisoner until
his trial how trivial soever may be his offence. But
assufediy this does not allow. arrests in any neso
manner forbidden by the Constitution. The suspen-
sion does not suspend those clauses of the Constu-
ton which prohibit seizures without warrant issued
on probable cause, supported by oath or afirma.
ton" Neither does the suspension Of the writ
suspend that ether provision which guarantees that
the accused slar enjoy the right to speedy public
trial by jury Of the State wherein the crime is
committed To lnaintain otherwise, would be main
tanning that Congress was invested with the power
to abolish the requirement of warrant before
arrest, and altogether to dispense with . jury:
though the accused was not in the army or navy,
nor of the militia at the time of committing the
offence. So far as precedent has gone to expound
the nature of a suspension of the writ as contem.
plated by the Constitution, it utterly rejects such
an absurdity. The only attempt ever made by the
federal Congress to suspend the writ was in 1907.
The bill for that purpose which passed the Senate.
only, suspends the writ in all cases p1ere persons
hasing been charged "on oath" soitR offences en-
dangering >the peace, safety or neutrality Of the
United States shall haoe been arrested iprisoned
by girtue of a WARRANT from the President, a Co...
ernor, or a person acting under the President


The power, therefore, to suspend the writ does not
affect in the least the other guarantees of personal
liberty. 1t is palpable, then, that an order given
by military man to seize the person of freeman,
not of the army, &C., without warrant and probable
cause supported bXpath or affirmation, is void, and
involves gross violation of the oath to support
the Constitution, which, if executed, subjects the
actor to civil action, and, with or without execu-
tion, justly subjects him to court-martial as much
as quartering soldiers in time o. peace private per-
sons against their tits equally papable also,
that if the commitment be regular, the accused is
entitled to speedy and public trial; and whatever
power interposes to prevent it. is guilty of breach
of official duty. In my judgment it is the duty of
the Judge to seek to afford such speedy and public
trial But alas it is said that such prisoners de-
mand for trial cannot be heard beyond the walls of
their confinement Their mouths are dumb as
Caesars Wounds yet if they could speak out where
the official ear is not closed against the walls of
grief, perhaps they might win the sympathy of
power, and once more embrace their families or be
allowed to weep over the graves, while yet they are
fresh, of the loved ones who have died in their
absence.


The duties Of charity forbid us to believe that the
President is acquainted with the practical operations
Of the military despotism which now pervadcs the
land. Unwilling to override and prostrate the
guards of civil liberty throughout the State, he
confines the suspension to an area of small extent
in which the military prison is erected Over this
spall spot waves the black flag of martial law and
all the rest of the State has apparently tho sun





deceptive. Behold how it is managed! The mill
tary 60 abroad, and without warrant or probable
cause supported by oath they seize their prisoners
and with all possible speed convey them to this
place, where the law is dead, and the sorrows of
captivity fall on walls of stone. The arrested are
not allowed to stop on the way where the writ may
reach them. and their cause may be heard, but are
hurried at whatever Inconvenience to them, just as
pcfmssion to bid adleu to their wives Of children.
In this plight they are exed from their rights of
citizenship and cut of from every tie that human
ICES mankind.


Of what avail is it, then, to tie citizen that the
suspension should be confined to one small spot, if
he may be picked up any where and spirited in
few hours to the fatal place? The Governor of the
State, knowing of these outrages, has invoked the
counsel and aid of the guardians of our liberties
What they may advise or do, know not. 1t was
said by the advocates of the habeas corpus, in the
reign OF the first Charles that there is not "any spirit
so erect and independent not to be broken by the
long continuance Of the silent and nglorious suffer-
hgs of jail" hope that in an after age it NAV not
be said Of this body that they took warning of this
truth, and sought, by tamey allowing the ingorous
suerings of Others to escape with unbroken spirits
themselves


If they have not the courage to demand as free
men, freemens rights, let them become suppliants
for women and children cruelty separated from their
HUSBANDS and parents. Let them march in q body
in humble procession to the footstool of power, and
beg in the name Of the broken hearted and helpless
| speedy trial or enlargement on bail. If the SOW
ereign be himself free and brave man, he will
accord to their prayers for the weak and forlorn
what he might we'll deny to their pnsilanimity, but
had freely granted to their courage. With the
father of his country, can say, born in land of


liberty early learned to appreciate its blessings"
and with the distinguished patriot of the reign Of
Charles l, II am weary of treading these wavs."
. DAVE.