The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-07-15


CATION made as to the legality ol bis arrest
upon habeas corpus, yet his fright to a speedy
and public trial BY an impartial jury OF the
State and distrit wherein the crime shall
have been committed" will not be altered
neither will his right to the exemption from
''cruel and unusual puniShments;' nor his
night to be secure IN h person. houses, pa
pers and effects, against unreasonable search
es and seizures nor his right not to be dc.
priyed Of life, liberty or property without
due process Of law (; nor bis right not TO be
held to answer for Q capital or otherwise in.
famous offense, unless on presentment or in
dictment Of . grand jury, be IN any wise
changed. And certainly the restriction upon
the power Of Congress to suspend the writ
oil habeas corpus, in time OF insurrectiou or
invasion, could not effect the guarantee that
the freedom OF speech and Of the press shall
no. be abridged. 1t is sometimes urged that
the proceedings in the civil tribunals are too
tardy and ineffective for cases arising in
times of insurreetion or invasion. It is q
full reply to this to say, that arrests BY civil
process may be equally as expeditions and
effective as arrests by military orders. True,
summary trial and punishment are not
allowed in the civil courts. But IL the often
der be under arrest and imprisoned, and not
entitled to q discharge on writ OF hdbeas cor
pus, before trial, what more can be required
for the purpose Of the Government ? The
. idea that all the constitutional guarantees Of
personal liberty are suspended, throughout
the country, at time ot insurrection or in
vasion in any part OF il, places us upon a sea
OF uncertainty, and subjects the life, liberty
and property OF every citizen to the mere
will Of q military commander, or what he
may say that he considers the public safety
requires. Does your excellency wish to have
it understood that you bold that the rights
OF every man throughout this vast country
are subject to be annulled whenever you n,av
say that you consider the public safety re-.
quires il, in time of insurrection
You are further reported as having said
that the constitutional guarantees of personal
liberty have "no application to the present
case we have in haad, because the arrests
complained of were not made for treason
that IS, not for the treason defined 10 the
Constitution, and upon the conviction Of
which the punishment is death--nor yet
were they made to hold persons to answer
Tor aby capital or otherwise infamous crime;
nor were the proceedings following in any
constitutional or legal sense criminal prose.
cutions. The arrests were made totally on
different grounds. and the proceedings fol
lowing accorded with the grounds OF the
arrests" etc.
The conclusion to be drawn from this po-
sition OF your Excellency is, that where
man is liable to "a criminal prosecution" or
is charged with crime known 10 the laws
OF the land, he is clothed with all the con-
stitutional guarantees for bis safety and 50.
curity from wrong and injustice bot that,
where be is not liable to "criminal prose
cution," or charged with any crime known
to the laws, il the President or any military
commander shall say that he considers that
the public safety requires it, this man may
be put outside OF the pale Of the constitution
al guarantees, and arrested without charge
OF crime, imprisoned without knowing what
for, and any length OF time, or be tried be.
fore q court martial and sentenced to any
kind OF punishment, unknown to the laws OF
the land, which the President or the militia
ry commander may see proper to impose
Did the Constitution intend to throw the
shield of its securities around the man liable
to be charged with treason as defined by il. !
and yet leave the man, not liable to any such
charge, unprotected by the safeguards OIL
personal liberty and personal security? Can
a man not in the military or naval service,
nor within the field Of the operations OF the
army be arrested and imprisoned without
any law Of the land to authorize it Z? Can
man thus, in civil lile be punished without
any law defining the offsnse and prescribing
the punishment? Ifthe President or court
martial may prescribe one kind of'punish
ment unauthorized by law, why not any
other kind ? BanishmeDt is an unusual
punishment and unknown to our laws III
the President has the right TO prescribe the
punishment OF Punishment, why not that Of
death and confscation Of property? II the
President had the right to change the pun~
ishment prescribed by the court martial from
Imprisonment TO banishment, why not from
Imprisonment to torture upon the rack, or
execution upon the gibbet?
II an indef kind OF constructive trea
son is to be introduced or engrafted upon
the Constitution, unknown to the laws Of
the land, and subject to the will Of the Pres
idsnt whenever an insurrection or invasion
shall occur in any part OF this vast country.
what safety or security will be left for the
liberties OF the people?
The constructive treason that gave the
friends of freedom SO many years of toll and
trouble in England was inconsiierable com
pared to this. The precedents which you
make will become part OF the Constitution
for your successors, il sanctioned and &C,
quiesced in by the people now.
The people Of Ohio are willing to co ope-
rate zealously with you in every effort war
ranted by the constitution to restore the
Union Of the States, but they cannot con-
sent to abandon those fundamental principles |
Of civil liberty which are essential to their
existence as free people.
In their name, we ask that, by revocation |
OF the order of his Punishment, Mr.. Vsllan- |
digham may be restored to the enjoyment Of
those rights Of which thev believe he has |
been unoonstitutonsly deprived.
We have the honor to be, respectfully, 4
Yours, etc,
M. BlRCHARD, Charm, 10th Dist.
DAVID A. H0UK, Sec'g, Sd District,
GEO. BLISS, 14th District.
7. w. BARTLEY, 9Th DISTRICT.
:. w. j. GORDON, 18th District.
JOHN O'NElL, 18th District. |
G. A. WHITE, 9th District.
w. E. FINCK, 18th District.
ALEXANDER LONG, 81 District.
j. W. WHITE, 18th District.
JAS. r. NORRIS, 18th District.
GEO. L. CONVERSE, 7th District.
WARREN P. NOBLE, 9th District.
GEO. III. PENDLETON, 1st Dist.
w. A. HUTCHLNS, 11th District.
ABNER l.. BACKUS, 10Th District
j. f. MCKINNEY, 4th District.