Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-12-18
Arbitrary AErssts7--E5t.ass g-E;. s, from Senator

Arbitrary Arrests---Extraet from SenntOr
Ressenden's Speech
Prom the very able speech by Senator
Fessenden, of Maine, upon the Presidents
Message, we extract the following regard
ing arrests by order Of the President. He
said
q The President did not take an oath to
support the Constitution. He takes an
oath to protect, preserve, and defend the
Constitution These are the words. Or
dinarily all the other officers Of the Gov
ernment take an oath to support the Con-
stitution. But shall not be put in the
position Of saying that therefore he has
right to violate it. I say no such thing.
What do say is this, that it is his para
mount duty TO protect preserve and de-
fend the Constitution, and if an occasion
arises when in order to protect, preserve
and defend that great instrument, without
which the Union dies, he is compelled in
his judgment to violate the rights of an
individual citizen for time, can any one
suppose that he ought to hesitate for a sim
gle instant in doing so2 I know gentle
men appeal to that clause Of the Constitu-
tion which says no man shall be deprived
Of life and liberty or properly without
due process Of law, and they infer that
when the President arrests a man without
due process Of law, that he is depriving
him Of liberty. Granted; but suppose in
his Judgment and the judgment of all
other men, the time arrives when some Of
the individual rights of the citizen should
be violated for time, in order TO preserve
the instrument itself, is it not the duty of
the President at once to take that step2
l think no man will dispute that. | put
the question to my honorable friend from
Kentucky (Mr. Powell who is one of he
most amiable and best natured men in the
world, should judge, what he would do
in q case, if there was no other mode in
which he could prevent the commission of
q great crime, which would be deadly, per-
haps, to the nation itself; and after time,
in which my friend exhibited great skill
in fencing, he pretty much said he would
not do such thing if he was the Presi-
dent, l would not vote for him for Presi-
dent Let me put another question. You
have no right, as q private man, to de-
priVe any other man Of liberty. But sup
pose you had good reason to believe that
enc Of your neighbors intended to murder
another, and there was no other way to
preventit, would you not put the strong
hand upon him, without due process Of
law2
Mr.. Powell-Does the Senator want an
answer noW2
Mr.. Fessenden-The Senator can do as
he pleases.
Mr.. POWELL can't tell precisely what
1 would do. fl thought a man was about
to assault Senator, l would keep close to
him, and if saw any intimation Of it,
would seize him if had the power, and 1
would even kill him before 1 would allow
him to kill Senator.
Mr.. Fessenden-I think the Senator
would venture little further, and if he
had 8 stOutrope, 1 think he would tie him
upon his own responsibility. Mr.. F. then
eontended at some length that no one could
believe the President was not honest in
his motives, that the people Of the country
did not believe IT, and that it was his duty
to act upon his belief when the life Of the
nation was at stake.