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Updated: June 6, 2025
"Tu senex lathro," says he, "quomodo audes me mendacem prædicare?" "Et, tu, sacrilege nebulo," says the Pope, "quomodo audacitatem habeas, me Dei in terris vicarium, lathronem conwiciari?" "Interroga circumcirca," says his Riv'rence. "Abi ex ædibus meis," says the Pope. "Abi tu in malam crucem," says his Riv'rence. "Excimnicabo te," says the Pope. "Diabolus curat," says his Riv'rence.
Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none; the support of the State governments in all their rights, as the most competent administrations for our domestic concerns, and the surest bulwarks against anti-republican tendencies; the preservation of the general government in its whole constitutional vigor, as the sheet-anchor of our peace at home and safety abroad; a jealous care of the right of election by the people, a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital principle of republics, from which there is no appeal but to force, the vital principle and immediate parent of despotism; a well-disciplined militia, our best reliance in peace, and for the first moments of war, till regulars may relieve them; the supremacy of the civil over the military authority; economy in the public expense, that labor may be lightly burdened; the honest payment of our debts, and sacred preservation of the public faith; encouragement of agriculture, and of commerce as its handmaid; the diffusion of information, and arraignment of all abuses at the bar of the public reason; freedom of religion, freedom of the press, and freedom of person, under the protection of the habeas corpus, and trial by juries impartially selected.
"We cannot know in advance," he said, "that the action will not be lawful and peaceful;" and he instructed General Scott to watch them, and, in case they should make a movement towards arraying the people against the United States, to counteract it by "the bombardment of their cities, and, in the extremest necessity, the suspension of the writ of habeas corpus."
When Nicholas heard his daughter's remark from Aunt Hester he had rapped out: "Wives and daughters! There's no end to their liberty in these days. I knew that 'Jackson' case would lead to things lugging in Habeas Corpus like that!"
The Constitution permits the suspension of the privileges of the writ of habeas corpus "when in cases of rebellion or invasion the public safety may require it," but fails to provide a method of suspension. Taney held that the power to suspend lay with Congress.
It is monstrous to suppose that power over the privilege of the writ of habeas corpus would, among such a people, and under such a Constitution, be given without limit to the chief officer, the only condition being that there should be some rebellion. Such rebellion might be in Utah Territory; or some trouble in the uttermost bounds of Texas would suffice.
Lord bless me; you'll' see the newspapers say, General Sellers and servants arrived in the city last night and is stopping at the Fifth Avenue; and General Sellers has accepted a reception and banquet by the Cosmopolitan Club; you'll see the General's opinions quoted, too and what the General has to say about the propriety of a new trial and a habeas corpus for the unfortunate Miss Hawkins will not be without weight in influential quarters, I can tell you."
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
While the conspiracy was at its height, Jefferson, though emphatically warned, had refused to lend it any credence whatever; but when the danger was well over he had thrown the whole country into a panic, and had even asked Congress to suspend the writ of habeas corpus.
In order that all things should be technically correct, then, Judge Terry issued a writ of habeas corpus for William Mulligan and gave it into the hands of Deputy Sheriff Harrison for service on the Committee. It was expected that the Committee would deny the writ, which would constitute legal defiance of the State. The Governor would then be justified in issuing the proclamation.
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