New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1862-09-12

ing, as part of the history of the timey.-
EDS CAUcAs1AN
Having now explained to you, Gentlemen.
the duty specially imposed by this law, and
having charged you generally of the duties of
your high Office, here would dismiss to you
the Chamber, if MY duty did not require
me to invite your notice to acts of outrage
and violence unusual in this quarter.
Through the public papers and otherwise,
it has come to my knowledge that violations
of law have been committed by persons hold
ing themselves above the law, which, by tacit
accord for some reason. have as yet escaped
the cognizance Of tho authorities. Violent
and dangerous injuries have been committed
upon your citizens, while the process of law.
has been forbidden to reach the offender.
Arrests have been made, utterly groundless
as it turned out but whether with cause or
not by persons having no legal competency
to make arrests and without warrant of law,
or process from legal autho ity, A squad of
soldiers: with no preteuse of authority but
their arms, it is said, have invaded the
homes of your fellow citizens and dragged
them to their camp. There they have been
detained as long as it suited TIE pleasure of
their captors.
These are the cases to which your atten-
ton is directed-now word about the law
And but for very peculiar state of affairs, J
should be centen to leave you to the counsels
of the State. But it belongs TO every depart
ment to bear its share of duty in the adminis-
tration Of the law. Yours is imperative mine
is not less SO. ''------- &c.
Is there one in your panel here, where the
LAW has bsen held supreme, ~kere, twice in
every year. from time imp,emorial, its minis
trations have been conducted, who does not
know the facts stated constitute offences
against the law.
have told you that your duties extend to
EVERY case fpublie wrong. The mandate
of your solemn obligation requires that you
make true prescntment of ALL matters as
shall come to your knowledge" and if ALL,
then there is no exception, and your cogni-
zence must be exercised over the cases men
toned, unless you find some dispensing pow
or, of which have found no mention in the
law.
Offences are the acts Of persons. Every
person, public or private, high or low. is
subject to tho visitation of the law. Whether
invested with robes efpower. or covered with
humble rags, are alike amenable to its sane
tions. That the law ONLY is supreme in
this land" you have heal proclaimed by my
horored predecessors from this place at every
term.-Heretefore have 80 pronounced my
duty now still bids me to repeat the same to
you, Gentlemen, the Grand Inquest, its cho-
sen ministers.
Violent and dangerous breaches Of the
public peace have occurred here aforptime -
With such offences you are not unfamiliar
They have received the prompt cognizance Of
your department., and have met the speedy
and certain punishment which the law de-
nounces upon ALL. without distinction
They are now no less obnoxious. In regard
to these, need not add another word.
But arbitrary, illegal and false imprison.
ments, have been unknown to our modern
history. Ia practice of more than six-and-
twenty years at the bar, throughout this
circuit, and a service of a few years upon the
bench, have never known such case-
either by criminal prcsentnient, or by civil
action. A most every crime and msdemcan.
or, with this execution, have found persons
wicked enough to commit them. 1t will strike
you, how sacred the right Of personal freedom
has been held, within this jurisdiction for
more than quarter of n century.-And; you
will be a>sur. there IS ample redress for its
invasion-that it has been preserved thus in.
violate. Itis the heriditary right of Ameri-
can freemen. 1t was the right of their ances-
tros, before American independence.
Before that day, a British subject could
not be arrested, but under process law. An
arrest and detention Of his person was unlaw.
full, unless made under process from a legal
officer, having tho power to commit under
his hand and seal. This process was requir-
ed to be founded on oath, disclosing the cause
Of farrest-lndeed, so jealousy was the lber-
ty of the subject guarded, that it was held
at a very early day, by high authority such
as Coke, that q rELoN could not be arrested.
upon warrant OF Justice until "niter ip