Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-11

| "Ohtos IL buib Noty bUWubnlp VI Doruc-l
township In which, perhaps, had more per.
sonal and political influence than in any othe
township in the whole county. II was town
ship which always supported me for any nomi
nation asked. II was township alwsyl
reliable for about two hundred and fifty Demo
cratic majority. Is 1t not reasonable then IL
suppose that If discouraged eulistments, thil
would be the very township In which that dis
couragement would have been manifested By
q backwardness in enlisting7 And yet thai
very township made up its quota Of soldiers
only two men had 10 be drafted In that town.
ship. |.
Such facts compel US to look elsewhere for the
cause OF my arrest. 1t is easily found. | had
participated In. and was the principal speaker
at, the Indignation meeting called In PickaWay
county, to denounce the high-handed tyranny
and desp0tism manifested In that arrest. At
that meeting stood up manfully and boldly for
the freedom OF the press and freedom of speech.
denounced the arrest of John w. Kees, as an
act of high-handed tyranny. l denounced the
act as such an act ought to be denounced.
denounced it as an American citizen should de-
nounce It, l denounced IL as freemen every
where should denounce it. This, sir, was the
cause of my aIrest-ths was the cause of my
solitary oOnfnement-thi was the cause OF
my MALICIOUS persecution.
Again, sir, the Governor would have us to
understand, and the gentleman from Logan
lMr. WesD expressly states that as soon as
ohio's quota of soldiers was made up, all these
persons were released. Here again the Cover
nor deceives us, and the gentleman from Logan
10 mistaken. The drafting in Ohio was oil
done with prior to the October elections. And
yet some of these prisoners were not released
nntil thu nniddIa nf
that Mr. Gulick, of Sandusky, and myself,
were both discharged from Fort Lafayette on
the 18th of December. -
Sir, II these arrests have been made under the
mistaken notion of the President about il bo
ing q military necessity, because these men dis
couraged enlistments or interfered with the
draft, every moments detention after such ne.
cessity ceased 10 exist, was in violation of the
constitution, and the vested rights of the cit
izen.
No gentleman upon this floor has yet dared
to maintain that the President, even under the
plea of military necessity, could use such des.
potlc power, without an open and h3RrGnt yIo-
lation OF the Constitution, until martial law
was first declared. Then how stands the caeeI
John w. KEGS was arrested in June; martial
law was not declared until August. The order
for my arrest was dated at Washington CITY on
the I'd of August; the proclamation of the
President declaring martial law in Ohio, was
dated at Washington City on the 9Th Of Au-
gust. How will gentlemen get out of these
difficulties and still justify the President7
But again, cir, gentlemen have said that the
object of the resolution under consideration is
to enable me to obtain by this investigation tes-
timony to be used in a criminal prosecution
which l have instituted in Fairfield county,
against the persons who arrested me.
was glad to see the gentleman from Frank
lin county (Me DreseL rise in his place at the
time this charge was made, and give il the fat
contradiction. He told you but the simple
truth when he said that no had held no con-
sultation with any gentleman of this House,
much less with myself, about the propriety of
introducing these resolutions.
Allow me, cir, to say to gentlemen that do
not ask such aid as these resolutions might
give me. The Constitution and laws of nv
State afford me all the aid ask. For though
have suffered In violation of the rights and
safeguards which the Constitution of Ohio
throws around me, yet the laws of the State are
ample for my protection / shall hurl back
upon my prosecutors that punishment which
the law denounces against them. ! shall bring
them, not by "lettres de cschet," but by "due
process of law before such tribunals as the
Constitution has created for my redress; and
then such satisfaction as the law gives me
and these tribunals award me, / ioil kaue.
Nov, sir, few words with reference to nv
discharge from imprisonment, and shall have
done with this branch Of my subject.
Some gentlemen upon this floor have remark
ed that could have been discharged at any
time by taking the oath of allegiance. Sir,
what right has the President To impose upon
me terms and conditions unknown to tie lava
and the Constitution Of my country7 II had
committed an offense Of 80 gross character as
to require my arbitrary arrest, and my solita
ry imprisonment, what right had the President
or any person acting for him, to compromise
my ohense2 Either l was guilty, or not guilty.
If guilty, the President should be immediate.
ly impeached for compromising with treason.
And if was not guilty, he should be impeach-
ed for attempting, whilst holding me in his
power, as prisoner, to impose upon me unlaw-
ful and unconstitutional conditions. | care not
which horn Of the dilemma he or his friends
may choose for him. They are alike disgrace
ful.
TWAS tyrannical and despotic to arrest with
out Law; nay, more, to arrest and punish In
violation of both the law and the Constitution.
But having so arrested and imprisoned, it was
oOtoardly to discharge without trial. COM
mend to the President a short extract from
that good old book which he refused to let me
have whilst holding me in solitary confne-
ment. He will find 1t in the 35th, 36ih, and
37th verses of the Acts Of the Apostles, thus !:
And when itwas day, the magistrates sent the ser.
geants, saying, let these men 60.
And the keeper Of the prison told this, saying 10
Panl The magistrates have sent to let you 70 In peace
But Paul said unto them They have beaten us
openly unc0ndemned, being Romans [Amerlcansl, and
have cast into PRISON. and now do they thrust Us out
privily?
That this House and the country may know
and appreciate my reasons for refusing to be
discharged upon any conditions whatever, with
out first having trial, will read COPY of
letter which wrote and sent to Judge Advo-
cate Turner, upon his offering to discharge me
upon my stalking the OATH"
CRLL No. ., FORT LAFAYrrrE,}
10Th November, 1862.
MAI. L. o. TuRNER-Sir: I am this morning In re-
cept of letter from Mr.. Sargent informing me that II
will take the oath, you will see to that am released
must confess that this letter puts end to all expeo.
taons Of being released, II Irlghuly understand what
10 meant by aking the OATH" II II s simply an oath to
support tho Constitution OF the United States or the
Consution OF the State of Ohio would be- altogether
work Of supererogaton. as have already many time
taken such oath, and consider It binding upon me
to-day 1t was the hour 1t was administered. But IT,
suppose, s an oath to support the Oonstitut ton
and the Adnlinistrdio cannot centiously take
such oath, as fully believe the to be lncompati
BILE with the other.
All the most sacred safeguards OF the Constitution have
been violated in my arrest and imprisonment. IT, then,
my arrest and imprisonment have been by order Of the
Administration, how can support the without vio.
lating the otherf
II the Administration has any charges to make against
lei IL make them nt and m n m