anywhere or upon any pretense. A very recent
decision of the Supreme Court has traced the history, vindicated the
dignity, and made known the value of this great privilege so clearly
that nothing more is needed. To what extent a violation of it might be
excused in time of war or public danger may admit of discussion, but we
are providing now for a time of profound peace, when there is not an
armed soldier within our borders except those who are in the service
of the Government. It is in such a condition of things that an act of
Congress is proposed which, if carried out, would deny a trial by the
lawful courts and juries to 9,000,000 American citizens and to their
posterity for an indefinite period. It seems to be scarcely possible
that anyone should seriously believe this consistent with a Constitution
which declares in simple, plain, and unambiguous language that all
persons shall have that right and that no person shall ever in any case
be deprived of it. The Constitution also forbids the arrest of the
citizen without judicial warrant, founded on probable cause. This bill
authorizes an arrest without warrant, at the pleasure of a military
commander. The Constitution declares that "no person shall be held to
answer for a capital or otherwise infamous crime unless on presentment
by a grand jury." This bill holds every person not a soldier answerable
for all crimes and all charges without any presentment. The Constitution
declares that "no person shall be deprived of life, liberty, or property
without due process of law." This bill sets aside all process of law,
and makes the citizen answerable in his person and property to the
will of one man, and as to his life to the will of two. Finally, the
Constitution declares that "the privilege of the writ of _habeas corpus_
shall not be suspended unless when, in case of rebellion or invasion,
the public safety may require it;" whereas this bill declares martial
law (which of itself suspends this great writ) in time of peace, and
authorizes the military to make the arrest, and gives to the prisoner
only one privilege, and that is a trial "without unnecessary delay."
He has no hope of release from custody, except the hope, such as it is,
of release by acquittal before a military commission.

The United States are bound to guarantee to each State a republican form
of government. Can it be pretended that this obligation is not palpably
broken if we carry out a measure like this, wh