The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1863-04-15

smile, and theu they closed. me CLOCK OF
Rodenstein Castle struck three. Three days
after, came the news of the battle of Lsipsic,
and at the very moment that the eyes of the
portrait closed, Max Rodcustein had been
pierced by Polish lancer.
5sa -.,-L-..--.
SPEECH OF ItR. BEEKsCE, on PRESI-
DENTAL ARRESTS.
March 81, 1863, the Senate, in COMMITTEES
of the Whole, having under consideration
Senate Bill No. 221, by Mr.. Bierce, to amend
ar, act entitled :. An act to preyant the forc;ble
abduction of the citizens of Ohie,p Mr. Biercs
said: -
Mr.. CHAIRMAN-Durin the time ] have
had a seat in this Senate, it has been my mis-
fortune, frequently, TO differ with my fellow
Senators on matters Of policy and expedien-
cy In discussions arising from such differ
edces, l have sometimes expressed myself
diseourteously, and perhaps not strictly par
liamentary. 1t was not from any want of
courtesy, but from natural infrmty. I do
not intend to act until 1 have fully made up
my mind, and / do not intend TO make up
my mind on any subject until have fully
considered it in all its bearings. When have
so considered subject, / make up my mind
cody and candidly, and express my opinion
firmly, frankly, decidedly; but however err
| roneous, honestly. Strong in my convictions
/ of right, express myself in strong, rather
/ than courteous language, often, perhaps, o lit
| ting those polishing touches which mark the
/ orator.
| In no questions that have arisen have
4 been more antagonistic with my fellow Sem
/ ators, than in the discussion of abstract polit-
/ ical propositions. l can find no authority in
{. the Constitution or laws that confets on the
Senate the right to discuss .or vote, officially,
on such propositions. To do SO, is to change
i the Senate from a legislative body into po-
Iitical caucus The power of the legislature
is to pass laws, or joint resolutions, which are
4 binding on the people. Vote as we please on
abstract, political propositions. and our vote
is not binding on any one, because it is moi
Legislative act. Our Supreme Court 90. st.
1 Rep. I'D have declared that any act, not
falling fairly within the scope of legislative
authority, is as clearly void as though ex-
pressly prohibited'' In the various rcsolu-
tions Introduced here at the present session,
as to the legality of arrests made by the Pres
dent, as to the conduct of the war, and Others
of similar character, [ can find no warrant
for them In the constitution or laws OF the
State. We might as we'll discuss the question
whether the President ought to ride a black
horse or a white one on Inauguration day, or
whether the ladies appear best in silk, or in
shilling calieo.a They are not subjects
within the scope of legislation. and have,
therefore, studiously and detefminedly refus-
ed to participate in such discussions, and in
voting on such propositions. 1t was waste
of time, and of money, without any good re-
suits. More than $4,000 have been wasted
in the time of the legislature this Winter. in
discussing such abstract propositions. and cssi
boaoz What good has resulted from the dis
eussien? Who has been convinced or con-
verted? @ Ie p -
In consequence of my refusal to vote on
such propositions it has been said that dare
not express my opinions. Sir, theaword dare
is not in my lexicon. There is no subject so
high that am afraid to investigate, no ark SO
holy that AM afraid to lay my hands upon
it. But, Sir, | want to do it in a legitimate
way, and when, IN the discharge of my legal
duties. am called on ito vote, shall do so
in minority of one as readily as in ma
jority of thirty four.
The bill now before the Senate calls on
me to do so, and though its discussion in
wolves the same questions were involved in
the resolutions relating to ''iliegal arrests by
the President" yet this brings the question
legitinsztely before us. Our action on this bill
will be binding-will give our votes the bind
ing force of law. | can now vote and act
consistently with my views of legislative du-
ty. We are legislating within the scope of
constitutional authority.
In the discussion l shall make no partisan
appeals hope there will be none. but that
every Senator viii meet this question on its
merits, regardless of party creeds, or dictation.
The law which is now sought to be amended
was passed June 18th, 1885, and provides that
if any person a shall arrest, or imrrison any
white person, with an intention to have such
person carried out of the State, unless it be IN
pursuance of the lasus thereof.'' shall, on con-
vicdon, be imprisoned in the penitentiary.
This law, as it now stands, is clearly in con-
fliet with the constitution ofthe United States,
as sec. 2, of act T. of that instrument, declares
that "a person charged. IN any State with trea-
son, felony, or other crime, who shall fee
from Justice, and be found in another State,
shall, on demand of the executive authority
Of the State from which he fed, be delivered
up, to be removed to the State having juris-
diction of the crime.''
r If a person commit crime in another
State, and flee into Ohio, we are boundto ar
rest him ard deliver him up, to be carried out
of the State not IN pursuance of the 1as1s of
Ohio, but in obedience 10 the Constitution of
tina United States The officers so arresting
him are liable, under the law as it now stands,
to imprisonm ent IN the penitentiary for obey
So. if soldier in our army in Tennessee
deserts, and comes into Ohio, our Provost
Marshals are bound to arrest him, and send
him on of the State to the regiment to which
he belongs. not in pursuance of the laws of
Ohio hut of the laws of Congress.
Numberless other Instances might be cited
to show that the law should be amended so
as to except from the penalties of said Act,
persons engaged in arresting, and ilnpfisoning
those whom the Constitution, or laws of
Congress, make it their duty to arrest
So far think, there viii be no Disagree
. ment as to the necessity of amending the
law No one viii question the propfiety of
my amendment excepting persons from the
penalty who arrest offenders not only "pur-
suant to the laws of 0hio,s but of the Uni
ted States-other@ise there will be direct
{ conflict of authority between the State and
the United States.