The Works of Robert G. Ingersoll, Vol. 09 (of 12): Dresden Edition—PoliticalIngersoll, Robert Green
History
The Works of Robert G. Ingersoll, Vol. 09 (of 12): Dresden Edition—Political
Ingersoll, Robert Green
Free thought
It is not possible that our fathers ever interfered with the writ of
_habeas corpus_, is it? Yes sir. Our fathers advocated the doctrine
that the good of the people is the supreme law of the land. They also
advocated the doctrine that in the midst of armies law falls to the
ground; the doctrine that when a country is in war it is to be governed
by the laws of war. They thought that laws were made for the protection
of good citizens, for the punishment of citizens that were bad, when
they were not too bad or too numerous; then they threw the law-book down
while they took the cannon and whipped the badness out of them; that is
the next step, when the stones you throw, and kind words, and grass have
failed. They said, why did we not appeal to law? We did; but it did no
good. A large portion of the people were up in arms in defiance of law,
and there was only one way to put them down, and that was by force of
arms; and whenever an appeal is made to force, that force is governed by
the law of war.
The fathers suspended the writ in the case of a man who had committed
an offence in the State of New York. They sent him to the State of
Connecticut to be confined, just as men were sent from Indiana to Fort
Lafayette. The attorneys came before the convention of New York to hear
the matter inquired into, but the committee of the convention to whom
the matter was referred refused to inquire into the original cause of
commitment--a direct denial of the authority of the writ. The writ of
_habeas corpus_ merely brings the body before the judge that he may
inquire why he is imprisoned. They refused to make any such inquiry.
Their action was endorsed by the convention and the gentleman was sent
to Connecticut and put in jail. They not only did these things in one
instance, but in a thousand. They took men from Maryland and put them in
prison in Pennsylvania, and they took men from Pennsylvania and confined
them in Maryland, Whenever they thought the Tories were so thick at
one point that the rascals might possibly be released, they took them
somewhere else.
Public-domain text, read in full here on John Shaqi.
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