Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-10
SPEECH OF
HON. EDSON B. OLDS.


In the Ohio House of Representatives, Monda,
January 1911, 1863, on Arbitrary Ayrssts.
Icontinued.1
l repeat, sir, what have said before. TIM
In opposition to all this array of authoritier
gentlemen have not been able to point us to on
single judicial decision, either British or Amer
loan, sustaining the constitutional right o
the President 10 suspend the writ of habea
corpus.
True, cir, In opposition to all these lepa
decisions, We have tho opinion OF the ye,,
astute and learned gentleman from Monteom.
cry, (Mr Odlin.) He has made discovery
which had escaped Judge fancy, Judge Curtis
Prof Parker, Judge Story, In short, ali tbt
learned judges, both in this country and Eng.
land. With fourieh Of trumpets, holding ur
the Constitutions he says: "Here, sir, In tbis
Instrument, ! ind the authority for the Presi.
dent to declare martial Law and suspend The
Wris OF habsas coTpus." Sir, from the emphatic
language and truly theatrical gesticulation OF
the gentleman, was almost led to believe that
we were to have some astounding developme ent
which for 80 many years had escaped ali on,
eminent juristg. | began to tremble for the
judicial reputation of fancy, Story, Curlia
and Parker. And what, sir, was this sstound.
ing discovery The learned gentleman, after
Cal ling our attention to the extraordinary oath
taken by the President before entering upon the
discharge of bis official duties--an oath he aays
which binds him to "preserve, protect and
defend the Constitution of the United States, -
claims In that peculiar oath, the President finds
bis constitutional power to suspend the habsas
corpus.
Tho gentleman himself, however. seemed to
feel apprehensive, that perhaps those members
OF this House, who were uolearDed in the law
that common minds, like yours and mine, Mr..
Speaker, might not be able to appreciate this
astounding discovery.
Sir, wish the gentleman to understand that
these arguments are for the country 90 well as
this House The people of Ohio are terribly
excited upon these despotic assumptions of
power by the President. They demand to know
by what authority they are to be subjected to
arbitrary arrestH-.O transportation and impris.
onment Permit me to apply this wonderful
discovery to the plain reading of the Constitu.
tion; but lrst admit that the President tskes
a most extraordinary oath-suoh an oath az Is
taken only once in four years In this country,
This oath is imposed upon him In the presence
OF thousands upon thousands of lis countrymen:
before high heaven, and with his hands upon
the holy Bible; he swsars ITO faithfully exc
cute the office OF President Of the United States
and to the best OF his ability preserve, protect
and defend the Constitution Of she United
States."
This lie something moro than simply an oath
TO support The Constitution. II goes far beyond
that-lt Is an oath to defend the Constitution
to protect tho COnattution-to preserve the
Constitution 1t Is to defend 1t against all
protect it againas all false con.
afrurklnna--tn IA -
hand that ehould be lifted to strike down any
of lis sacred pfovisi0ns, even though that NTH
less hand should be the hand of the President
himself. .-s -II--
The PEesident sweaTs to defend the CoDati-
tuition The Constitution maintsins the free.
dom OF speech; and yet, according to the gen.
tiemsn's argument, under that oath the Presi-
dent may stFiho down the freedom of speech.-
The Constitution maintains the freedom of the
press-the President sHears to preserve the
Constitution, yet, under this oath, according to
this wonderful discovery, the President may
strike down the freedom of the press. The
Constitution says: "The right of trial by an i'm
partial jury shall be held inVlolate." The
President sWears to protect the Constitution.
and vet, according to the gentleman's argument,
under THE most solemn and imposing oath, he
may, by his own arbitrary will, set aside the
right OF trial BY jury.
Why, cir, under such damnable herssy as
this, the President, one by one, may atrike down
all those sacred barriers thrown around the
citizen in the Constitution, to protect him In
his inalienable rights, and he may deliver him
over, bound hand aud foot, to the worst des-
potlsm and tyranny evef known in the history
Of the world.
Sir; IL such construction as this ia to be put
tpon our Constitution, then, indeed, has il be-
come rope OF sand, and our boasted liberty
hiasing and bye-Word.
Will gentlemen pause in their mad and reck,
IeJs career, and contemplate the ARfal deg
po:sm which they are establishing, and which,
when oyiDR, they will leave as laating inherit.
anoe to their children? -
No soVereign on the British throne for more
shan tHo hundred years, has attempted to
exercise auca despotic power as has been used
oy the President of the United States and the
Governor Of Ohio, In the arrest and imprison.
ment Of the eleven citizens referred to by the
GovernoI ia his message. Nay, more, cir, no |
,rOwned head of Europe dare exercise such |
power to day. It would cost the arslGcrat OF |
Ill ;he Russiss the loss Of his Kingdom. And |
Iet, strange as it may seem, great party in |
his country are ready to shout hosannaa to |
Abraham Lincoln and David Tod, for thus |
striking down the priceless liberties of Amer. |
ian citizens; and the leaders OF that party upon
his floor are using every subterfuge in order to |
Itihe investigation, sndkcreen the despots from |
hat fearful doom, which sooner or later must
,vertske them. /
Why, sir, could aome person we'll acquainted |
With the past history of the world, some per-
ION uncontaminsted with the trammels of par
y, and unbiased by the fsnaticism of this age,
nave been dropped down upon this floor, and
nave heard the speeches which have been made
o defense OF the President of the United
States, and the Governor OF Ohio, he would |
have imagined himself listening to the argu-
mems OF the apologists of the "Star Chamber"
under tho reign Of the Tudors and Stuarts, in |
England, or Of the Bastile under Louis xvi, in |
Indnnd L. hr hnnr Il A. al