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.
Pages:
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486