Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-09-24

Murray will accompany you and render you any
assistance you may request OF hin
The Superintendent of the c.. Il 4 ID X.
~ill make all the necessary arrangement Tor
trains upon your showing him this order You
rill endeavor 70 arrive here before dsv'isht 10
morrow morning
Aneh discretion is allowed to Jour good judg
ment in this matter.
By command of Major General z Burnside
.Lf ID r. LARSED.
Capt and Asst Adjt. General
The arrest Was made between two and three
O'Clock In the morning: IL was made by violence
and the prisoner was hurried of upon a special
train. to reach Cincinnati before daylight"
On Wednesday. the 9th Of NAV. he vas brought
from prison before a military commission upon
the following
Publicly expressing. in violation Of General
Orders No 81. from Headquarters Department
Of the Ohio, sympathy for those in arms against
the United States. and declaring dsloyal senti
ments and opinions with the object and purpose
OF weakening the power of the Government in
it, efforts to suppress an unlawful rebellion"
Upon his arraignment before his military com
mission, the accused asked delav to procure
counsel, stating that he was engaged in preparing
his plea. and required advice. The reply was
that he would be required TO plead Guilty" or
mot Guilty" and that half an hour would be
allowed him TO procure counsel. when the com
mission would proceed to hear the evidence for
the prosecution.
The trial proceeded. he was found guilty. and
sentenced tn be banished to the territory Of the
Southern Confederacy
have thus presented TO you in full, gentlemen
the evidence Of the authority assumed BY the
President of the United States and his subord
mates over the liberty OF private citizens, ard the
exercise of that authority in a single instance
that is destined to historical importance By the
Presidents refusal TO release Nr. Vallandigham
upon a solemn appeal made TO him. he has as
sumed the justification Of his arrest and punish
ment-thereby.
lst. Prescribing, by the designation OF "dis-
loyal practice" crime unknown to the
Constitution or criminal jurisprudence OF the
country.
2d Supersedng the necessity of an accusation
upon oath. and the issuing OF legal warrant
ID Comforting upon a military or police officer
the important function of Judging rhaf shall be
regarded as dsloyal practice; and
4th. Arrogating to himself and delegating to
his subordinates the discretionary power to i'm
prison any citizen for any length of time inde-
pendent aud in defiance of all judicial process.
propose 10 show that this extraordinary claim
is purely despotic and Observation-Disclosures il is
in violation of the sacred right that has been
ssncti6ed BY the struggles of our ancestors. at
various periods of English history. for the last
six hundred years; and. finally, has been ex-
pressly guaranteed TO US by the provisions OF our
fundamental Law. that its violation can be regard
cd in no other light than that OF monstrous usur-
patton
When Mr.. Lincoln entered upon the duties OF
President he took the following oath:
IL do solemny swear that will faithfully
execute the Office of President of the United
States, aud will to the best Of my ability pre-
serve protect and defend the Constitution of the
United States"
The following provisions are embraced in the
amendments 20 that instrument:
ARTICLE w.
The right of the people TO he secure in their
persons. houses, papers and effects against un-
reasonable searches aud seizure. shall not be vio
lated aud warrant shall issue hut upon prob
able cause. supported by oath of affirmation. and
particularly describing the place to he searched
aud the person things to be seized.
ARTICLE v.
No person shall be held to answer for n capital
other infamous crime unless on presentment
or indictment of Grand jury except in cases
arising in the land or naval forces, or in the
militia when in active service in time of war or
public danger; nor shall any person be subject for
the same offense to he twice put in jeopardy OF
life or limb: nor shall be compelled in any crimi
nal case 10 be witness against himself; nor bs
deprived of life, liberty or property without
due process Of law: nor shall private proper
" be taken for public without just CON
pensation
ARTICLE vi.
In all criminal prosecutions the accused shall
enjoy the right to speedy public trial by All i'm
partial jury Of the State and district wherein the
crime shall have been committed which district
shall have been previously ascertaned by law
and 30 be informed Of the nature and cause oil
the accusation-to be confronted with Witnesses
against him-to have compulsory process FOR Oh
tanning Witnesses in his favor. and to have the
assistance of counsel for his defense
These provisions 80 distinctly asserting and
protecting the right of personal security from mr.
bitrary or despotic authority. not in the
Constitution as il came originally from the con
vention which framed it-not. however, because
there any dissenting voice 10 the doctrine,
they embraced-but only because they were con
sdered 20 be universally admitted. that their
express recognition in the Constitution was nm
necessary. Such, however was the jealousy oil
arbitrary power existing in some of the STATES
that number OF them in the convention called Il
consider the question of the adoption of the Con
stitutiOn insisted upon these decatory and re
strictive clauses, To prevent misconstruction anC
abuse OF power. They were therefore proposed
by Congress and submitted to the severa
States for their ratification. and thus becam.
part, and. indeed. the GROWING glory of th'
Constitution.
Why, then, was it that those illus,rious men
fresh from the struggles OF our own revolution
insisted upon the Incorporation of these provis
ions into our Fundamental lawI Do you suppos,
il WAS simply because they imagined that some
time thereafter free people might become the
betrayed victims of arbitrary powerf Do you
suppose that those men were not enlightened il
the history OF that ilustriOus people from whom
they derived their origin. and the model of thei
civil and political institutional Ii YOU will con
tnue to give me your attention. gentlemen,
will show you from the ndsputable record o
history why il was that the fathers of this repub
lie placed in our fundamental law those priceless
aud sacred guarantees OF personal liberty. / viii
show you. from that impartial record, in which
the guilt OF tyrants is fearlessly eibbited for III,
eternal execratiOn and instruction of mar kind
that the struggle between royal prerogatve ant
executive authority. upon the one side. and
liberty loving people upon the other, commence
as far back as the year 1915, and that that strug
Gle was continued with various vicissitudes unit
the age of our own revolution, when Lord Chat
ham could assert in the British House Of Com
mons that there was not man 20 be found o
sufficient profiigacy TO defend an arbitrary arres
upon the principa; of legality.
And now, gentlemen. il YOU will follow me
| slll present the historical proof:
In the wear 1918. on the 18th OF June III
R,roDs of England assembled in arms ofs In