Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-01-29

stitution should be so amended % to Sc.
cure more perfectly the rights Of States
and citizevs. These articles were added
by the unanimous vote Of the State.
ARTICLE 4.--We rights Of tie people be
secure IN their person, housess, papers and
eGccts, ogaina unreasonable searches and
seizures, shall MT he vioiated. And no
carram shall issue but upon probable cause
supported by ooth or affirmation, and par
icutarly Describing tie ploce 10 be searched
and tie person 10 be seized."
ARTICLE 5.-"No person shall be held
10 answer for capital or otherwise infa-
nous crime, unless on presentDaent or IN
dictnent Of a grDnd jury. except IN eases ar
ising in lie tand or naval forces, or in tie
mititia, achen in actual service in time Of
aoar or public danger: Il =
nor he deprived Of life,
liberty or property, wthom due process Of
taw."
The want Of these restraints in the or.
iginal instrument endangered its adoption
They were inserted to satisfy the public
demand. We are now told that they are
Of no avail, in any part of our country,
when the Executive shall see fit to declare
there is war or instruction in any section
of this land.
Such pretensions are in contradiction to
the plain language of these clauses and
to their settled legal effect If any differ.
ences of construction be possible, our
Constitution provides for their determine
tion. These questions will be carried be.
fore the proper judicial tribunals. If the
theory of Martial law is upheld by them,
we will submit, and have the Constitu-
lion amended. If it is held to be unfoun-
ded, it must be given up.
So sacred did our fathers hold consti.
tutional rights, that they placed them be-
yond the reach of even the majority of
our people. Written constitutions are
made, not only to carry out the wishes,
hut also to restrain the power of majori-
ties, and to uphold and protect the rights
of minorities. They give the humblest
citizen the right Of religious freedom
against the whole power of our people
No matter how large a ma ajority may be,
it must not interfere with the right OF
persons, of property or of conscience
The president himself holds his place
not by the will of the majority, but by
. virtue of the provisions of the Constitu
ton, which placed him in his office by thu
votes of about 81, 100000, against the
vote, of about 81, 100000, who did moi
agree among themselves as to opposing
candidates. He continues rightfully TO
hold his Office, although the popular ma
jorities, even in the States which placed
him there, have in the recent elections de-
clared themselves politically opposed to
his administration. The majority are still
bound to respect his constitutional rights
to uphold his powers. and to sustain hi;
acts done within the limits of rightful au
thority. ca
The rights of States wsss ssit. s.sssarved, one
the powers of the Gene. Governmen
t were limited, to protect the people in thei
persons, property and consciences, il
times of civil commotion. There is littl
, to fear in periods of peace and prosperity
If we are not protected when there are pop
, .ular excitements abd convulsions, ou
r Government is a failure. If Presidential
Proclamations are above the decisions o
the Courts and the restraints of the Con
t stitution, then that Constitution is
: mockery. If it has not the authority t
}, keep the Executive within its restraint
c then it cannot retain States within the Ur
. ion. Those who hold that there is n
G sancity in the Constitution, must equal
$ hold that there is no guilt in the rebellion
: We cannot be silent, and allow these
e practices to become precedents. They ar
a. much in violation of our Constitution
G as the rebellion itself, and more dangerou
: to our liberties. They hold out to the Elk
!, ecutive every temptation of ambition t.
: make and prolong war. They offer des
e potlc power as price for preventing peace
n They are inducements to each administra
/. ton to produce discord. and incite arme
ID resistance to law by declaring that the con
: dition Of war, removes all constitutions
l. restraints. They call about the Nations
to Capital hordes of unprincipled men, VIII
il find in the wreck of their country the op
st portunity to crafty avarice or ambition
OF personal or political resentments. Th
be theory makes the passion and ambitic
re of on Administration antagonistic to Il
lr interests and happiness of the people.
J. makes the restoration of peace the abdic
d ton Of more than regal authority in tn
hands of those to whom is contided I'll
l. government of our country.
y Of the same nature is the recent Proc
j. lamation of Emancipation. The Presi
j. dent has already signed an Act of Congres
O. which asserts that the slaves of those i
n rebellion are cpnfscated The sole OF
ct ject of this proclamation, therefore, is
ID declare the emancipation of slaves ofthos
in who are not in rebellion, and who are
i therefore loyal citizens. 1t is an extra
10 ordinary deduction from the alleged wa
Of power, that the forfeiture of the right {
ID loyal citizens, and bringing upon ther
Sc the same punishment imposed upon insul
Of gents, is calculated to advance the sue
t. cess of the war, to uphold the Constitu
of tion and restore the Union. The class c
to loyal citizens who above all others are Ell
titled to the protection OF the governmeu
ID are those who have remained true to tn
le flag of our country And yet the sol
Of force of this proclamation is directe
er against them. May not this measure, S
ie clearly impolitic, unjust and unconstitr
ID tional, and which is calculated to Great
10 so many barriers to the restoration of tn
n Union, be misconstructed by the worl
m as an abandonment of the hope or til