Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-12-31

luOh'- Iney are express snd p0eitlve In theil
tsrmsi and designed as 90 many additional
b"rieSs against either legislative or executive
eue,oschments. They have never been re
pealed. nor cau be repealed or set sside, excepi
by the power which created the Government
/ Such are somo of the safeguards thrown
around the citizen, By that Constitution which
was devised by the wisdom Of our fathers
They are all 10 full force to-day They are al
Il much binding upon the President of the United
States, and tho Governor Of Ohio, az upon the
humoiest cidzen--nsy, more, they ough. 20 be
doubly binding upcn Abraham Lincolp and
Dsvid Tod, for they are bound by their oathe
OF once to support and msibtiin this sacred
instruments. s a of
How have thsGe high functionasies kept
their solemn oaths Have they msintsinet
the freedom Of speech and the press
Have they "held inviolate the right Of the
people 70 be securc In lheIT persons, houses and
enec.s sgainst unvarrantsble searches and
Have they deprived nc person Of liberty
HitnoUt Que process of law n
Have the2 given all persons wbe1 shey have
caused to be arrested "a speedy and public trial
by any impartial jury ~ = N
Have ehsy transported no perqob wtom tbSy
nave oaassd TO DO eFrested "ou. of the Stale
ted ." -. =. ~ va '''" "A''
nave 'ney Informed sll persons Shom they
nave caueeo TO be arres.ed, "of the nature and
cause Of the accusation againat them r.
nave 'ney caused the persons whom they
have sTSssed ITO be confronted 1i.h ths sit-
ness against them 2" Z"
asve they given tLea "the assistance OF
co7neel for sbeiF defense r.
Have they ''pdiettd upop them 40 crae, ana
unusdal punishment 2" :
sts1d here to dag as iiViog witness, and
Will stsod az the bar Of G9d, to add m tes-
nnon9 to that o. my fellow prisoners, tha, nc.
witdsisndins their sciemn oaths, they baye
violated EVERY ONE VI these Constitu..onsl pro-
1 visions. ID.
Ia violation Of the Constitution, Lincoln and
speech. -
10 violation OF the col,ti.utiou, tbe5 e,u.ed
ny house 10 be forcibly entered.
In violation Of the G Institution, they usuaca
my papers to be searched. r.
Ia violation of the Constitution, they csused
my person 70 be aeiEed bv armed rufdane,
! la violation Of the Constitution, they de-
priIed me OF liberty without process of Law.
l Ia violation OF the Constitution, they held
me to answer Infamous accusations without
pteaen!mens OF indictment OF A Grand Jusy.
In Vi lation Of she Constitution, they denied
me the right of spoody a1d public trial by An
impartial jury. I'D
lIu violation of tho Constitution, they carried
me out OF the State snd disiric. In which nv
alleged offense vac committed.
In Violstion of the Constitution, they have
refused TO inform mo Of the nature and cause
of the accusation sgAinst me.
| In violation of the Constitution, they hsEa
never confronted me with the witnesses against
me. r t,..i II
In violation of the Constitution, thsy ha ye
not permitted me 20 have counsel for my de.
tense. On the contrary, the Secretary OF
State directed the commandaut Of Fort Lafsy-
/ cite 70 read to the pTi5pners an order from the
State Department In these words: "Thst the
general Government will not recognix, any on
81 an attorney for political prisoners, and will
look with dstrust upon all applications for re-.
lease through such channels, and that such ap.
plicatioDs will be regarded "a additional rea-
s3ns for declining TO release such persons I"
Gould there be, by any possibility, more d.
rect and defiant disregard of the Constitution
than this order? And in violation Of the Con-
stitution, and even without 30 much q. . mock
trial, they have inflicted upon ne cruel and ur.
usual punishment. .---.---...-..
My friende, it was to protect The citizen
against such despotism- such tyranny as has
been practiced by Lincoln and Tod, that our
fathers, beyond the safeguards already enumer-
ated. provided for the writ OF habeas corpusr-
judicial process by which the citizen might be
taken out of the hands Of the President, aud
the Governor--and by which these high funo-
tionaries might be required to shoS csuse for
their arbitrary and despotic proceedings.
So Jealous, indeed, were the franers Of the
CcDst'tution OF the rights of the c;tizen-ahd
90 fearful Of the encroschment Of arbitrary
power, that they expressly forbid the suspension
OF the writ OF habeas corpus. BY any power
whatever other than Congress, and by Congress
only in certain specific cases. - r.
President Lincoln and David Tod have no
mere right to suspend the habsas corpus than
! the veriese begger that walks our streets,
T Again and again the Circuit Court of the
United States has decided that all such sus.
pensions by the President, aye 10 express viola
tlon OF the Constitution; and defy either the
President or Governor Tod to point out sin.
gle instance In which any OF the Judges of the
Supreme Court Of the United States, no nHs;eI
to what political party such Judge belongs, 10
which decision has been given sustaining
, them IL theiT usurpation of ghis srspendinl
, power. 4gt .., ..r ... ...H. '....s
} An Effort was made at sue last session lo
Congtess by the party friends of the Presiden
, to get this writ suspended. But his own friend
even have refused to Clothe him with sucl
despooo power; yet IN defiance of ali these de
oisions of the COurts-in the fsce of this re
! fusal BY his friends in CoDgress-snd regard
/ less OF his cath of Office, the President usurpI
the power 20 suspend the hGbeds corpus, arrest.
J his victims regardless of ell Constitutions
prohibitions, and runs them into his Militar,
: Bastiles, and loads his cannon with grape anc
, bombs, and so plants them that he can utterl,
! annihilate the Sheriff and his posse If he at
. tempts to execute this mandate of the Con
. stit1tion. ''''A .
! There Stands to-day, Just inside the sail,
/. port of Fort Lafayette, brass .ix. FOUNDER
! loaded with bomb. This cannon was plAnte,
In that position at the time when 1t wss expect
: cd that the Sheriff Of New York would attemp
: to execute writ Of habess ecYpaS ppcn III
commandant Of the Fort He eays that be ba
praoticed with is until no has, Obtained the ex
, act position, so that bomb fired from It voul,
explode In che sally port; he boasts that with
{ single bomb, he could utterly destroy III
Sheriff with his whole posse comitatus; In de
> Iision Of this writ, he hae nlcknamed this can
! non bis ''Aabeas corpus" :
u This habeas corpus, which, TOR more than tW,
hundred years, has been regarded ss the pfsa
! bulwark Of civil liberty; always the boast an,
pride of our English ancestors; was made I
| reach and relieve from just such tyranny as ha
, been pfacticed In my csse Six lying, mali
: cous black republicsns steal into democrati
} meeting tor the iexpreee purpose Of misrepre
; csnting the speakers. They make malicious
garbied, and lying report of the Bpesches: ar,