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

deres 4 Know, am taking disputed ground, |
and am told such arrests are unconstitutional. |
assthe fifth article in the amendments to the
Constitution of the United States declares |
tnat no person shall /" be deprived of life, lib
city, or property without due process of law"
10 give right construction TO a coilstitu-
-uon' OF law, reference IS generally had to
sne coeempogary acts Of persons engaged in
framing them, or who, from their position or
talents, are supposed to know the spirit of the
Constltutien, or law, and of the intention of
those who framed and adopted it. Let us
apply this test here.
In 1907. when Aaron Burr started on his
celebrated expedition, to conquer Mexico, as
ne elalmed-to dissolve the Union, and found
a Southern Government, with the Capital at
New Orleans. as was charged by The Gove1Tment
he was arrested, by military authority at
Baton Rouge, in, the State of Louisiana. and
sent to Richmond, Virginia. Mr. Jefferson,
who will be recognized by those who claim
such arrests to be Illegal, as tolerably good
constitutional lawyer. was then President of
the United States-a Democrat and a strict
constractionist-yet he wrote to Gov. Viii
klnson, who made the arrest
9 Your sending here Swartout, and Boil.
man, and adding to them Burr. B,ennerhas-.
sett and Tyler, should they fall into Your
hands, will be supported by the public opin-
ion.
"The Feds, and the little band of Guilds in
opposition, viii try to make something of the
infringements of liberty, by the military ar
rests and deportation of citizens.n
Such was the doctrine of Jefferson--it was
Jetfersonsan democracy hea--in the minds of
those calling themselves Jeffersonian demo-
Gratis 1t is LS7acolis treason noa1.
4 need net stop, Mr.. Chairman, to say that
such provisions apply, and were intended to
apply to persons who obey the Constitution
and avs. Those who attempt to destroy
the Constitution and Laws, are not entitled to
their protection
Suppose, Sir, highwaymanmeets me with
his pistol, and demands my life, or my mon
ey, and not being disposed to giyesup either,
attack and overpower him., What shall I
do with him? Shall I dasaane hi1,2 / sup
pose these strict eonstructionists would say no.
For then should violate the second article
of3the arnendments to the Constitution, which
says: s TIE 1aght Of the people to keep and bear
arms shall not beintf1Iaged" So / must allow
him Ito Keep and bear his arms,' with which
he will shoot me as soon as he is at liberty.
& Shall Ibind hi0s2 Certainly not according to
these strict constructionsts, for have no right
"to deprive him of liberty without due pro-
cess of law.s' Having him fairly in my pow
err am forbid, by the Constitution, as these
sticklers constrne it, from disarming him, OF
confning him, until | can go to a magistrate,
file an affidavit, and get warrant and return
for the assassin--then, if he has been polite
enough to wait for me. I will have him '.de-
priyed of his liberty by due course of law -
but even then his pistol, or dirk, or rife, must
not be taken away, for s'the right to keep and
bear arms shall not be infringed p
Such, Sir, are the inconsistencies which
these strict eonstructionists must fall into, if
they claim that these provisions of the Con-
stltutlon are to apply to those seekingto over
throw the Constitution and violate the laws.
The right of self-defence is right that God
has given to every. individual; it is right
which is higher than any Constitution, and
which no Constitution can take.awa When
the assassin seeks to take my life, have a
right to deprive him of his arms, although
the Constitution says :" the right to ksep and
bear arms shall not be infringed.s l have a
right, if I can. to overpower the highwayman
Ito bind him--keep him-with no authori-
ty but my own right arm, notwithstanding
the Constitution says he shall not be de-
prived of liberty but by due course of law.''
God and nature have given me the right
No human Constitution or law can take it
away. Every human being has this right
nay, the worm that crawls on the earth will
turn, inlself-defence, on the foot that tramples
omit.
And what are the rights of societies, of
communities, of nations? They are, Sir, the
aggregate rights of all the people composing
it--and every Individual right of self-defence
and protection is then aggregated into ma
tional right of self-defence and self-protection.
What an individual can do to protect and de-
fa,1 car,d do To and
pefend itself. An individual can disarm his
assailant without any law but the law of ma
ture--so can a nation. An individual can inn
prison his assailant by the law that God has
given him, commanding him to protect him
self--so can nation. In both cases the dam
ger must be so imminent as to admit of no
delay to procure q due process of. law" S.
Where else can this aggregated national
right and power be lodged but in the Presi-
dent2 He is the only national embodiment of
the people-eleeted by them as their head,
and executive as we'll as national representa-
tive. W
/ limit by nv, amendment the exercise OF
this power to times of war, insurrection OF
rebeIlion.' The law of Congress passed at
the last session, giving the President the pow
er to suspend thewrit of kabeas co'11ts, makes
.helexereise of such power, by the President,
laUfaE Let us make our law conform to it,
SO there may be no conflict between National
md State laws. The moral effect of passing
this amendment would be better than an ar
my as itwould strengthen the arm of the
President by an assurance of our confidence
in his patriotism and integrity, and show to
the enemies of our Government that Ohio is
in earnest iu6ghting, not only rebels abroad,
but traitors at home. g
e>-<<z---- f,a4
eien. Garfield, ROsecrans, Chief OF
staff.
Correspondence Of the Cincinnati Gazette.l
The selection Of Brigadier General Garfield
as Chief of Staff on the staff of Gen. Rose.
Grams, is another indication of the penetration
and sagacity of the Commanding General
It seems to be his intention to surround him
self with men who can assist him either il
forming or executing his plans, and thu
make. his staff what it ought always to be, ;
multiple of his own head and arm. 5a
1t has become too much the fashion in gu
army, to look upon staff officers as merely or
1amentsl appendages to our Generals havin!
about the same effect with, and performin:
similar functions to, the tails of a Turkisl
pacha. If they do anything useful, it is sup
posed to be the clerking and office work abou
the Generals headquarters. It is alamenta
BILE truth that, in many eases, this poor opin
ION Of the dignity and consequence OF stat
officers, is based upon the fact that many Q
our Generals, in selecting the gentlemen VIII
are to constitute their staffs, have regard to al
most anything else than their experience G
ability. :.
/ heard of one case in which Brigade
chose his staff from amongst the finest 5ookan
officers in his command, so that when he rod
ar,,,nd with them beino as he thought