Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“And, apparently to demonstrate the proposition, the resolutions
proceed: ‘They were secured substantially to the English people
_after_ years of protracted civil war, and were adopted into our
Constitution at the _close_ of the Revolution. Would not the
demonstration have been better if it could have been truly said
that these safeguards had been adopted and applied _during_ the
civil wars and _during_ our Revolution, instead of _after_ the
one and at the _close_ of the other? I, too, am devotedly for
them _after_ civil war, and _before_ civil war, and at all times,
‘except when, in cases of rebellion or invasion, the public safety
may require’ their suspension. The resolutions proceed to tell
us that these safeguards ‘have stood the test of seventy-six
years of trial, under our republican system, under circumstances
which show that, while they constitute the foundation of all free
government, they are the elements of the enduring stability of
the Republic.’ No one denies that they have so stood the test up
to the beginning of the present rebellion, if we except a certain
occurrence at New Orleans; nor does any one question that they
will stand the same test much longer after the rebellion closes.
But these provisions of the Constitution have no application to
the case we have in hand, because the arrests complained of were
not made for treason--that is, not for _the_ treason defined in
the Constitution, and upon conviction of which the punishment is
death--nor yet were they made to hold persons to answer for any
capital or otherwise infamous crimes; nor were the proceedings
following, in any constitutional or legal sense, ‘criminal
prosecutions.’ The arrests were made on totally different grounds,
and the proceedings following accorded with the grounds of the
arrest. Let us consider the real case with which we are dealing,
and apply to it the parts of the Constitution plainly made for such
cases.
Public-domain text, read in full here on John Shaqi.
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