Jasper Weekly Courier, Volume 5, Number 32, Jasper, Dubois County, 25 July 1863 — Page 1

WEEKLY COURIER. VOL JASPER, INDIANA, SATURDAY, JULY 25, 1863. bbb NO. 33. 5.

THE

J ASPER

1 ' 1 " . ' i -

PUSUSHBD EVEET satueda T , AT J ssrEB pOBots coobty, iidiaa. by

CLEMENT D 0 A N E . Letter Of Jose IS. (been great Jy enhanced by your olleinpt to which doee not deptud on lbs gracious ia-iamaulte upon coast i utional liberty which OFFICE Coaaxs or AIacuonali ABq Tp Hie Excellency, Abraham Lincoln, Pres justify theo, becauee in thai attempt you as-, dulgence of the Executive only. This great, here marked the history of your edminisWest Stbestb. ident of the United But. a: sumn to yourelf a righllu I authority possee-jherssy once eitabliahed, and bjr ihia node union. No ont hai tvir pretended that

TBRMH -STRICTLY IN ADVANPK Single Subacriptlon, for fifty Nos., $1 50 For ais month, 1 oo BATEB OF AD VE ETI HI NU. Foraqaareof 10 lineaor leaa, I weak, 81 00Baak aubaequent insertion, 60 cte. Longer advertisements, at same rate. A fraction over even square or squares, counted ine""'" t ur n, ... um sient advertisemeate; a reasonable deduc . W. W. WWW www - W " " "- uon win ae mau Notices ol appoinimeni ot adininteiraiore and legal notieeB of like character to paid for la advance AKNOUnctNO CAnmDATES! Vor Township ojhees, each, 1.00 For County Por District , Oircuit, or Stste. n'O W. C. Adabh. B. BUETTAER. ADAMS B B.UETTN E ft, ATTORNEYS IT UH; AMD AOSBTS FOB C0LLECT1BU SOLIKE8 CLAIMS. JA BP Ell, INDIANA. OfficeNorth east corner McDonsId and Wsat atreeta. March 14, IMS. 1TT0RXRT AT LAll . HE undersigned will hereafter practise . a. -a e 1. i I l I in tue uircuti t; urt ot iuoois ioumy . and will promptly attend to nil business en trusted in his earn. mlO WILL N. TRAr-EWFM,. Cieorge p. Dcwccm', Attorney and Counsellor at Law, HOME, IM)., WILL attend the Courts in Perry, Du. bo; and Crswfurd counties, and give prompt attention to all business entrusted to him. Jsn. 23. 'I. Jene Bakeb, A. J. Beckett, Vincennes, fnd. Jasper, fnd. BAKEB 6 BECKETT, ATTORNEY AT LAW, WILL practice in the Dubois Circuit and Common Pleaa Courts. Particular attention paid to collections. JuneJIth J. T. VeirrrM', ATTORNEY AT hk r KT EltKttUUGIi, IND. WILL give prompaattention to all buai oesa entrusted to his care in Pike and adjoining counties. N-.. RUOOLPHUf SMITH, ATTORNEY AT LAW. JASPER, INDIANA, WILL attend promptly to any busineos intrusted to him in any of the courts of Dubois county. Office at the corner of McDonald and atreets. marld W. H. Oc Weif; ATTOHNBY AT LAW, PKTER8BURGH, INDIANA. Will attend all. term of the courts in Dubois connty Janaaty 25th 1860-y EB1TIA KUKlll.RR, WAGON, COACH, PLOW AND HA ROW MAXIMCTIHEH, COB BEB Of NEWTON Is LAWRENCE STREET, Jasper, Indiana, Would repcctfully in form the nub lie that he in now prepared to do all hinds of week in hie line, in the heat style. Purcha sers will do wall lo call and examine his stock and work, as he is satisfied he can please them. Btaek ami thing end repairing of all klnde attended tn oromplly. mh7-y H R.gjfl ay root & mm STORK, East hob or Public Square. .TAsrEtu Tl WOULD respect folly inform . U the public that the? have a large and splendid assortment IMb f Beota and Shoes en hand, whieh they will Mil a e cheep asoan be done anywhere, and will warrant all their werk. Give ua a trial. ROMUALD RECK.

UNION H()TKlirc8P,,n,,blc- ,o ,ne p' " f Mr

JOS. EGG, Proprietor. . , v . . 7 Corner North Main aad Lawrence atreeta, JA8PRR, IND., TOrlBUat le nervy fitted aa for the reR' eeftfoa of travelers, aod the proprietor hofee to merit a ehaea of eeetoai. No exPeee will he spared to render his the heal Hotel ia towa- His bar will he at all times, R has been heretofore supplied with the . May IS

President Lincoln AnBWered Reply of the Albany Democracy to the Preideuts

8m: Your anawer, which ha appeared in1" the nubile nrhUs. to the rnsnhitinn. .i,..frl r - r " at a recent meetinf tn trie ctty of Albany.' ,, n n v I affirm! ne the personal rirrlifa nnil lihrrfiixi nf the citixens of this coun'ry, haa been refer r

rfi(1 tn .,rfi:n-, , muJure bV wl,ich enjoyed in tins coun-

, . ' . ';, -p "u,u',t ,,B - Tlie subject will now receive from us some W1.V...IW.I, " I I V II J VUI u 1 r t I C I III to jua' ify, if not to invke. We hope not to nppeir wanting in the rceoect due to vour . - i " u be"'" v""" w "f'y ""' enruvetueKS auggebtiü by toe infinite gravi ty and importance of the questions upon url.ifh mi 1.... tl l.i ... ..I . i.

9.00'at the bar of public opinion,

Vou settii to be swire that the Cjnetilution of the United States, which you.bae sworu to protect and defend, routoiiib the following guaraoteea, to which .we gain - your -Ui mi. n. 1. Congress shall make no law abridirinir the freedom of p.exh or uf the press. 2. The right ol the people lobeaecurt- m their persuus agaiust uuivsrreuiuble iiures. whali not be v iul it d, und no wurraut shall issue but spun probable cause aajsapul ei by v . . .,. o person, except soiüier and mannera in the service of t lie Govern mont', ah ail be held lo answer for a capital or infamous crime, uolesa on , resentment ol a rand jury, nor shsll suy perton be deprivi d of life, liberty or property without due process ul law. 4. In all criuiiual proaecutions, the necu ed shall enjoy tbe right of a speedy aud f ub lie trial by an impartial jury ol the Si ate or diatrict in Which the crime shall have been comuiiiied, nud to be con I routed with, liie witnesses against him. You are also no doabt aware that on tbe adoption of the Constitution ihete inva'ua bie provisions were proposed by tho jealous csutioD ol tho Hiates, and wlro inserted aa amendments for s perpetual assurance ol libei'iy againe-t the eneoaef-tnent of power From your earliest reading of hhrtory, you also know that the great principles of liber. y and law which underlie these provisions ware derived by us from the British dosti'

tution. In that country they were e uredlPeoP,e wil1 nevir acquieacc in ibis doctrine.

by mapna rharta more than Ira hundred year apo, cndlliry hsve keen confirmed by many and repeetedatatutee of the realm. A single psIpabU eiolotion of tbein in Kngland would not only arouse tho public in dignation, bu- would endanger the throne tsrlf. For a persistent disregard of them, Charles the first wan dethroned and beheaded by his rebellious subjects. The fact In a already passed into bi-tory

. . k. . , were desif nel to be protected by tbee i on etnuiionsl cusrantoea have not been pre served to the people during your administra tion. In violation of the first of them, the frredom ol the press has been denied In repeated instance?, newspapers hnve been suppressed in the loyal States because they critic sod, as constitutionally thry might, those fatal errora of policy which have char actrriaed the conduct of public affaire since your advent to power. In violation of the second of them, hundreds, and we believe thtuatnds of men have been seised and im mured in prisons and baetiha, not only without warrant upon probable cause, but without any warrant, and for no other cause than a eonstitufional exercise of (he freedem of speech . In violation of all thee guarantees, a distinguished citixen of a peaceful and loyal State haa been torn from hia home at midnight by a band of soldiers, acting under the orders of oce of your generals, triad be

that the aacred righta and immunities which!c,n anase tnia conviction, nor will the peo-

fore a military commission, without judge or,nich haa led you to the alarming cooclu jury, convicled and sentenced without even ' Indicated by your communication, it is

the suggestion of any offense known to the Constitution or laws of this country. For sll these acta vou avass eeursslf ultimate lv V.ll.mtlnhl Yallandigham, the injustice commenced by year aubordinato wss consummated by e sentence of exile from his heme pronounced by you. That groat wrong, more than any other which preceded it, asserts the prlnciplss of b supreme despotism. These repeated and continued invrsions of eonstitutinnsl liberty and priests right

hsve occasioned profound tnxiety In tfie r

publ.c. mnd. The sppreoistm and alarinjresch, il single bound, (lie conclusion thal wh ich they an c i Iculated to produce ha re , ihere is no liberty under the Constitution,

uy ,,u ' -'""n eanu.r.

" t6e'1 1110 X pre. er ' - - - . .

to exerciss inn suiuorny m uh a moueraiiomca uy any ruie, ana nuiierio unsnowo io me

not hitherto exhibited. Hut, believing,

,w" . 1 ao, 4en.r,o,-vrMn, ....

try, we propose to challenge the grounds o

, wmca your clanp of auprauie pow.r ia baaed.in. Your language does not permit ua to .... . .... r r , .. " . , , fa) ( d iduubl na to your essential mesn mg; lor y ou

tnsgMlrsta the deference to which you are entitled, we caBfj accord to you the des potic

power ycu claim, however indulgently

iud gracious you may promise to ba in wield- man who stände by and aays nothing when ing a. the peril of bis Government is discussed We have carsluily considered tha ffroundsicanool be misnt derstood. If not hindered

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authority are claimed to rest; and if we do enemy, and much much mora if he talks annul in. interpret the misty aud clouded iorns biguoufly talks for Irs country with buts

of expressiou io which those pretensions re set forth, your meaning is, that while the rights o the citizeoe are protected by the CutisUiutioii in time of peace, they are suspended or lost in lime of war, when invaaiou or rebellion exiat. You do not, like in any others in whose minds reseon and the love vt regulated liberty aeein to be overthrown by the excitements of the hour, attempt to base this conclusion upon a supposed military necessity existing outside ol and transcending the Coootitulion, a milita ry necessity behind which the Constitution itself disappear in a total eelirtse. We do Bot find this gigantic and monstrous heresy put forth iu your plea for sbnoiute power, but we d find another equally sub vtrsivs ol liberie and law. and Quite as certainly t.-rwl -ng to the establishment Of despotism. You claim to have found, not outside but within the Constitution, a principle or germ ol arbitrary power, which in lime of war expands at once iuto so absolut eoeereigoty, wielded by one man, so that liberty perishes, or is dependent oo his will, his discretion, or his csprice. This extrsordiflary doctrine you clsim to derive wholly frum that clause ol the Conalitutiou n Licb, iu case of mvasiba or rebellion, permits i lie writ ol habeaa cor pus to be suspended. Upon this ground your whole argument Is based. Vou . must permit us to say loyoo nilh all

due reat ect, but with the e. ruestc.es- deex tended refutation of tbeiq- Weeobmilto

man. led by the occasiou, thrat the American In their opinion, the gusra nieesol the Constitution which se.ure lo them freadam ol speech and of the prcas, immunity from arrcal for oil. uses unknown to lbs lawa of the laud, aod the right of trial by jury before the tribunals provided by those laws, instead of military commiasioua aad drum bead court martial, arc Jiving and vital principles is peace and w ar, at all limes and under all circumstances. No sophistry or argument a a . a - . . .' pie require its confirmation by logical se quencea and deductions. It ia a conviction deeply Interwoven with the instincts, the habits and the education of our countrymen. The right to form opinions upon public measures and men, and to declare those opinions by speech or writirg, with the utmost Isttitudo of expression, tbe right ol persons! liberty unless forfeited according t,o the eatabliahed laws, and for offenaes previously defined by law, the right when accused of crones to be tried where raw is administered, and punishment ia pronounced ooly when tbe crime ia legally ascertained, all these are instantly percieved without argument or proof. Nj retiiieinent of logic-an uusettie them in the minde of freemen; ae power enn, annihilate them, and no force at the command ol auy Glue I Magistrate can compel tbeir surrender. So fsr ss it is possible for us to understand from your language, the mental process this. The habeas corpus is a remedial writ, issued by court! and magistrate to inquire into the cause of any imprisonment or re straint of liberty, on the return of which, and, upon due examination, tbe person i in prisoned is diBchsrged, If the restraint la unlawful, or admitted lo bail if he appears to hnve been lawfully arreated, sad is held to answsr s criminal sccusation. Inssmuch aetbie proessa may ba suspended in time ol war, you seem to think that every remedy for a falae and unlawful impriaonment is

sbtogateJ, and from this postulate y j " " ." PBwaasw ww

uu

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1. rouu o. crlIU. or oatn.c. uuueu.....1 I li.l I . . 1 I asjlaws of this country; and tbia ia followed by . . unheard of mode, of trial and puniehrneot. aud ail the machinery of terror aud despo tell us that "arrests are made not so much lor whit baa been done as for what probabwould da don." And again. "The l.nf , k. ..i K. i. ... In l.oln th. i vv' w v. . w j sy w g -- aod 'its' end anda." You also tell us that the arreals complained of have not been made "for the ireaaon defined in the Constitution," nor "for auy esptlsi or otherwise infamous crimes, nor wer. the proceedings following in any coitstilutioMs) or legal sense criminal prosecutions." The very ground then, of your jualificalion ia thai the victims of arbitrary arrest were without the protection of the Constitution. The auapension of the writ of habeas co-pus, iuetead of being intended io prevent tha enlargement of arreal cd criminals uolii a legal trial aud convic tion can be had, ia designed, accoidiog to your doctrine, to aubjeot innocent men to I your eupreme will aad pleaaure. Silence itself ia punishable, according io tbia extra ordinary theory, and still more eo tbe expression ol opinicna, however loyal, if attended with criticism upon tbe policy of the Govarumeot. We must respectfully retuse our assent to ibis theory of constitutional law. We think that men may be right lully silent if ibey choose, while clamoroua and needy patriots proclaim the praiae of thcee who wield power; and as to the "buts," tbe 'ifs" and the "ands," these are Saxon words 'and belong to tbe vocsbulsry of freemen. We bsve already said that the intuition ef a free people instantly rejects these dan gerouaaud unheard of doclrinee. It ia not our purpose lo enter upon an elaborate end 0u. however, one or two conaideraiiona. and eolicit tor them and tbe eubjeet the earueat attention which ite eupreme importance demands. We say, then, we are not aware that the writ of babeae corpus ia now auspemled in auy of the loyal end peaceful Slalea of the Union An act of Congress spproved by you on the 3d ol March, 18G3, authorized tbe Preeident lo saapend it during the present rebellion. Thai the act ia a legislative and not an executive ,,. kti been held in everv judicial deoision I " ' . ever made in tbia country, aod we think it can not be delegated to any other branch ol the Government. But passing over thU consideration, yon have not exercised tbe power whieh Coogress attempted to confer upon you, end the writ ie not enspended in any part of tbe country where tbe civil laws are in force- Mow, inasmuch as your doctrine of tbe arbitrsry arreat and imprison ment of innocent men, io sdmitted violation of express constitutional guarantees, is wholly derived from the euepeoaion of tbe writ of habeaa corpus, the first step to be taken in tho ascaol to absolute power, ought lo be lo make it known to the people that tbe writ ie in fact suspended, to the end that they may know what ie tbeir condition Yon hsve not yet exercised tbie power, and therefore, according to your own constitution a! thesis, your conclusion falle to the ground It ie, one of the provisions ef the Constitution end of tbe very higheet value, that no ex poet (acto law ahall be passed, the meaning of which ia, that no act whieh is not against tbe law wben committed can be made criminal by aubaequent legielalion. But your claim is, that wbsn the writ of habeae corpus is suspended, you msy Isw folly imprison and punish for tbe crimes of silence, of speech, and of opinion But ae these are not offenses sgainet tbe known sad established lew of the land. the constitutional princip.e lo which we now refer, plainly requiree that you should, before taking cognizance of each offenses, make known tbe rule of action, in order that the people may be edvised in due season, eo as qol to became liable lo its

penalties. Lt Ha (ura yo-r Su,ion

to tke atest glaring and indafansible of all tha ..... wc o, ,..o.-aa corpus was expended in ' the Stats of Ohio where ihs Brraat nf a ciiizes st midnight, slrssdy referred ie. was made, aad be placed before e court-martial for trial and seateacs, upon charges and specifications whieh admitted his innocence according to the existing laws of the coontry. Upon yosr own doctrine, then, can roa besiiste to redress that monstrous wrong 1 Bat, sir, we cannot acquiesce In vooreW. mas that arreata and imprisonmra', without warrant or criminal accusaitoa. n .hair nature lawless aad arbitrary, opposed to the very letter of constitutions! nsrantoes. esa become in any aenee rightful, by reason ef e auapension of the writ of habeaa corWe deny that the suspension of a aiogle end peculiar remedy for eueb wrongs r,.n;. mio existence aaw and nnknowa ciaaaes of offenses, or aaw causes far depriving men or their liberty. It Is one of tbe most material purposes of that writ to enlarge upon bsll persons who, upon prob, able cause, are duty eat legally charged who some Known crime, t suspension of ths writ wss never asked far in k... wwmb ee land or this country exoept to prevent euch enlargement when ths supposed offense was againat ths safety of the Government, la the year 1807, at the time ef Burr's alleged conspiracy, a hill wss passed ia the Beaate of the United Stetes suspending the writ ef habeaa corpua for a limited time ia alt eases where parsons wera charged oa oath with trsaaoo or ether high erlese er m ledern esnee endangering the peace er safety of the Government. Bat year doctrine endingdly is, that a aaipsamloa ef this writ iaatifies arrests without warrant, without oath, sad even without suspicion of trsaeon er' ether crime. Your doctrine de alee the freedem ef speech aad ef the press. It iavades the eseeed domala ef opinion awl discussion. It denounces the -ifs" sad tbe huts- of the fisglisb language, sad even ths refuge of süeeea is Isms sere. We repeat, a suspcnoloa Of the writ of hsbeas corpus rar rei.r dispenses with a sin gle and p sculler remedy sgainet so anlaw. till impriaonmeat; bet If that remedy had never existed, ths right le liberty would he the sums, aad every invasion of that right would bs condemned aot only by the Con stitution, but by principles el fsr greater aa tiquity than tbe writ itself. Oar common ew ie aot at sll indebted te this vrit for iu action of false imprleoament, sad tbe setina would remain to tbe citiiea. if the writ were abolished forever. Again, every ease, when his Ufa or liberty le threatened withost tbe wärest of law, may lawfully resist, asd if necessary ia sslf-eefenee, msy take lbs life of the aggressor. Morsover. the people ef this country may dornend ths lapesebmeat of the President himself for i he exercise of arbitrary power. A ad wben all theee remedies shall prove inadequste for the protection of free institutions, there remaias, in the last resort, the eupreme right of revolution. Yew ones announced this right with s latitude of expression whieh msy well bs conaidered dsngerooe ia tbe preeent crisis of our natieasl history. Yea said : "A ny people, any where, being inclined sad haviag the power, base the right te raise up aad shake off the exiettag Goverameal, end form a asw sae that suits I hem belter. Nor is this right cusfined to seese where the people of en aaistiag Govera. went may oboes te exercise it Any per lion of each people that eaa may revoluUeaise ssd make their own of eo mach of the territory as tbey inhabit. If ore thsa ihia, t majority of aay portion of such people msy revelatUa se, putting down a missrity iotermiugled with or near about them, who may oppose tbeir movements." ( Vol. 18. Congreesionsl Globe, p 84 J Such wove your opinions, sod yon bed a coaetitatioaal right to dsclare them. If a ejtisea aow should utter sentiments far lern dangerous ,n tbeir tendency, your nearest military com' minder would consign him to s dungeon or to the tender mercies of s eoart msrtial, ssd von would senrovs the proceeding. bWsbT Wm : . ' 9 In our deliberate judgment the Conentution is not opsn to tbe sew interprets tion suggested by jour commuoicstioo now before us. instrument We think every port of that a hsrmoiiioua and consistent.