Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-05

liberties Of McGregor and Hall and Others
might have endangered the elections and hav
effected the prospects of some political aspir
ants, they could not have endangered any In.
terests of the public
IL Is said these arrests were made under or
ders from the War Department, and we are told
by the Governor, In his message to us, thai
"neeessity, stern asesssity, ioiu alone tolerate
such orders" To his own honor, and the honor
Of his position as Chief Magistrate of this
great State, he does not, like gentlemen here,
seek Justification in the constitutional text of q
free people To do this is, in my judgment, O
greater offense against free government than
the mere isolated arrests themselves. But,
sir, the necessity which "alone will tolerate
such orders" did not apply to the circumstances
under which the arrests were made. No such
necessity could apply. When Proctor and his
Indians invaded 0hio did anybody dream that
there was any necessity for martial law In
Massachusetts,, where even almost the whole
population were hostile to the'Administration
and the war? When the Dorr rebellion over.
shadowed Rhode Island, did 1t create any
necessity for martial law in Ohio2 No cir, this
plea Of necessity is the excuse, not the occasion
OF these arrests Excuses are begOtten, and
there is no fault for which they may not be
manufactured. There can be no necessity for
these violations of Law in the absence OF or
ganlzed violence against the public
The gentleman from Muskingum tells us tina.
these parties we're arreeted for "discoursging
enlstments," and for this "they forfeited their
constitutional rights" Who made discoursgia9
eatistments crime to be visited With such fear
ful penalties2 You and /, sir, may think such IN
act Ia unpatriotc, but who made 1t q
crine2 The Administration has the power
to command the services Of the entire
militia to meet any emergency OF in
Vasion or rebellion. There Is no neces-
sRy for calling for enlistments. If it calls
for voluntary enlistments, the very fact pre-
supposes the voluntary action-ot the recruit
In making up his judgment In reference to this
voluntary action, he has the right to consult
with his friends. II he has not this right, his
action cannot be voluntary. II he is thus free
to consult, his friends must be free to advise.
To deny this privilege to either, is q violation
OF the freedom of speech. II ii be u crime 10
discourage enllstments, IL is an offense unknown
to the Law, and is made go by some power above
the Constitution, and in violation of ita pro.
visions.
Gentlemen claim that this power Is vested
In the President independent Of the CoDstitu-
tion, because IL Ia not In terms denied to him,
That lie, that he who is the creature of the Con
stitution, and without which bis office cannot
exist, ia superior to his Maker, and has the
power to destroy his creator. Such ideas do
not belong to this country. They are exotlcs
which had their growth in other climes, where
men rule under the theory Of divine right, and
the privileges Of the people are conferred by
the grace of the sovereign. Here the theory s
reversed. Our institutions are baecd Oh the
principle that sovereignty belongs 80 the people,
The right to its exercise spFings from them
and Ia conferred on tho agents of Government
by written Constitutions and lave. There is no
sovereign but the law-there is no majesty but
che majesty of the law. To this silent, peace
ful sovereign, who commands without passion
aud Furnishes without malice, all men owe ALE
glance, whether high or loW-Whether n or
out Of Office. We are all its subjects ia equal
degree. The officer is but the agent of the law.
That is his letter Of attorney, and whenever he
exceeds the powers thus conferred, bis acts are
void, and he is an usuFpsr.
..H IOonclnsion Tomorrow.