Year: 1867

and 10 the exclusion Of the laws and punish all per
as he thinks right and proper without iiNed or
certain rules The statement of this proposition shows It's
Importance; for II true republican goyermnGt Is iml-
tal law, established such basis, destroys every
guarantee Constitution and effcctualy renders the


tary independent of and superior the ciyil power
the attempt to do which W the King OF Great Britain
deemed by fathers, lch an Ocnse that they assigned
il to the world which mpellcd thcm 10
declare their indcpcudt Civil liberty and this kind 81
martial law cannot endure together; the antagOin D,


reconclde and IN the conflict one or the other Hust
perish This nation, experience has proved, cannot
always remain az peace, and mas no night to expect ut
It will always have wise and humane laws, sincerely
attached 10 the principles Of the Constitution. wicked
men, ambitious Of power, with hatred of liberty and
Washington and Lincoln, ana m il 1T hs hight is c6nccdcd
and the caamtes Of again beia ", the dangers 10
human hfe and liberty are fifghtiul 70 contemplate II
our fathers had failed TO provide for just such con
thgcncy they would have been false 10 the trust repOsed
IN them I4ey Knew the history OF the world tOld tLei
the nation they were founding be its existence short or
long would be involved in war how often or how long con
power wherever lodged at such time, was specially
hazardous to freemen. For this and other weighy Ica
sons they secured the inheritance they had fought 10
maintain, by incopWulng III written Constitution the
safeguards which tne had proved essential 10 its
preservation Not one OF these safeguards can the Pres
idcnt Congress the judiciary disturb, except the
ono concerning the writ Of hajeas corpus.


Ii is essential 10 me safety "I every 6ONerhheh al IN


great crisis Ike the one we have Just passed through
writ of habeas corpus. In every there Of
previously good character wicked enough to counsel Their
follow citizens TO resist the measures deemed necessary
by good Government % sustain its just authority aud
overthrow It's enemies and their influence may lead 70





immediate public investigation according 10 law may not
be possible yet the peril 70 the country may be too I'M


ainent to suffer such persons to 60 at large unquGs
tOnaby there is then eXgcCy which demands that the
Government II II should fit the exercise OF proper
discretion TO make arrests should not be required TO pro
duoe the persons arrested answer 10 writ OF haDeas
corpus The Constitution goes further. IL does not
say after writ Of habeas corpus is denied citizen that
he shall be tried otherwise than by the course OF common
law. If had intended this result IL easy by the use
Of direct words TO kave accomplished It, The Ius1ous
men who framed that instrument were guarding the
foundations OF civil liberty against tho abuses OF u
limited power. They were fun OF wisdom, and
Me lessons of history Informed them that trial
by an established court, assisted by an impartial
jury, the only sure way Of protecting the citizen
against oppression and wrong. Knowing this, they
limited the suspension 20 one great right and left
the rest 20 remain forever invOlable But 1t is insisted
that the safety OF the country In time Of demands
that this broad claim for martial law shall be sustained
If this were true It could be well said that country pre-
served at the sacrifice Of all the cardinal principles OF
liberty is not worth the cost OF preservation Happily
is not 40. 10 Will be borne In mind that this is not the
question Of the power TO proclaim martial law when war
exists In community and the courts and civil authorities
OverthrOwn; nor is il question what rule military
commander at the head Of his army impose States
in rebellion 20 cripple their and que the insur
rection. The jurisdiction claimed is much more ex-
tensiye. The necessities OF the rebellion required
That Tue loyal States should be PLACED within the