New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1862-09-12
NEW OREGON HOWARD COUNTY, IOWA SEPTEMBER 12 1882

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American independence the arrest ola Brit
ish subject could not be lawfully made unless
under the authority of Judicial or Justicial
warrant. Made otherwise, it was 'false i'm
prisonment," an ofense which an eminent
English jurist denomin,tes "a heinous public
crime" foi which the same author says, 9Th"
law demands public vengeance" Every ar
rest without "due process" was regarded ar
hitrary, illegal and dsspotic and such as the
ministers, at the date of American Independ-
ence, dare not claim for the British crown.
The assertion at this day, of such a power
for the crown, would shake the British throne
to its very foundations.
FIX mption FROM the exercise of such DOW
er, is the birthright of Americans They trace
it back in the musty scrolls of the mother
country for ages long past 1t is inscribed,
in letters Of Light, in the Constitution of Ma
ryland. This right may be found in the
| constitution of the United States-the su-
premo law-before which every person, po-
| tentate, and power in the United States must
give p ace.
| will read 1t there, Gentlemen, But first
indulge me whilst read a resolution of the
first Cong, ess which explains why this, with
other privileges ofthe citizen, were inscribed
there. The reading will be both instructive
and profitable. 'sThe Convention ola num-
Der of the States, having at the time of their
adopting the Constitution, expressed a desire,
| in order to prevent misconstruction or abuse
| of its powers, thai further declaratory and
| restrictive clauses should be add d. And as
extending the ground of public confidence in
the government will best insure the benef-
cent ends Of its institution resolved by the
Senate and House of Representatives of the
United States in Congress assembled, two
thirds Of both Honses concurring That the
following articles be proposed to the Legi~ls-
lures of the several States as amendments %
tho Constitution of the United States" &c.
Bv this reading you will observe that the Con-
stitution as originally adopted by the Federal
Convention, was without these restrictive
! and dco,~ratcry cl~ure,.'' Tho Go~crnmont
had been imbued with all the powers intend
to be delegated. Its trainers had designed
that these powcrs-all of them-should tc
exerted rs occasion required, and NONE 9th.
crs But they had not expressed the prohi
bitions, which were supposed to be implied.
When. however, it came about that the SOY.
ereign will was to breathe life into it's being,
you find law or limit was imposed upon it's
powers, simultaneously. When the Const-
tuition was referred to the States Cor ratifca-
ton, with one accord they required the
insertion of these articles, ''to prevent mis-.
construction and abuse of the powers" already
expressed.
There were some things they were not
willing to leave to construction, for fear Of
MISC OBSTRUCTION. There were powers which
they regarded dangerous to put to USE, with
out restriction, from their liability to ABUSE.
Therefore, it was that the first Congress sub
mitted these restrictive clauses to the States,
for their adoption. Twelve were submitted to
the States. Ten of them were adopted.
They are the Ten Commandments, forever
forbiddlng any and all the powers of the
Government to infringe the rights of the
citizen-to do by construction anything there.
in forbidden in express terms. There is no
power to suspend any Of these Commandments,
as in regard to the Habeas Corpus.-There
is no conflict Of jurisdiction, as now claimed,
between the Executive and Legislative De-
partments, in regard to this great right
| Here all the powers Of Government are for
hidden.
These are the ten:
ARTICLES
IN ADDITION TO, AND AMENDMENT
OF
THE CoN>T1sUTIoN
UNITED STATES,
Proposed by Congress and ratified by the Le-
gislatures of the several States, pursuant to
the Fifth article of the original Constitution.
| ARTICLE
Congress shall make no law respecting an
establishment Of rel;gio or prohibiting the
free exercise thereof, or abr'dsing the free
m of speech or o. the press or the right
Of the peop Q peaceably to assemble and to
petition the Government for the redress of
grievances.
| ARTICLE
A well regulated militia being necessary to
the security of free State, the right of the
people to keep and to bear arms, shall not be
infringed.
ARTlCLL g.
No soldier shall, in time of peace, be quar-
tered IN anv house, without the consent Of
owner, nor in time of war, but in o manner
to be prescribed by law.
| ARTICLE
The right ofthe people to be secure in their
persons. houses. papers and effects. against