Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-13
Ohio Craftsman
sPEECTI OF
HON. OTTO DRESEL,

ID v N. OTTO ID II ES II Il ,
In the Ohio House of Representatiues, Thaysday
January 29h, 1863, on the ResOIutiOns, By hin
introduced, relatius to Arbitrary Ayrests.
tooncluded.l
Mr.. Speaker, various arguments have beef
pressed into service by those who are opposed
to the adoption of my resolutions that are no
germane to the subject matter under consider
alton. A great deal has been said about thu
writ of habeas corpus and the power to suspend
IL. All that does not properly belong here
We know that at least Mr.. KEGS and DR.. Oldt
were arrested before the pYi aoas suspended al
oil. What bearing has the subsequent sus
pension of the writ upon their former arrests
None whatever. t51.p.
The proceeding ON hdbsas corpus tollo,os th,
arrest. Its sole object 10 to obtain O judicia
adjudication as to- tho legality of the arres
made, and to bring about discharge OF th,
Granted, for agument's sake, that the Presiden
or Congress had the right to suspend the wri
In our State. 1r
/ ask those gentlemen who oppose my reso
lutions, does the prohibition of the judicial in
quiry justify the arrest2 Does il prove or tend
to prove that the arrest iteelf was proper and
authorized? II the judicial inquiry is prohibit.
cd during the imprisonment, does IL follow that
the Legislature of Ohio cannot and should moi
inquire into all the facts concerning military
arrests Of our citizens, after they are discharg
ed2 Certainly not. Where is the logical con
neetion between the assumed right of the Pres
ident to suspend the writ and the proposed leg
islative investigation of the arrests7 l chal
lenge gentlemen to point 1t out. All that IL
said may be true, and still 1t has not the slight
est bearing on the proposition now under con
sideration. ....
But suppose for moment, that the connec
tion does exist, that the argument In favor ot
the Presidents right to suspend the writ ia an
argument against the adoption of my resolu'
tions. Then ask members to pause for awhile
before they make up their minds how to vote
! call the attention of the House to the ordi.
| nance of 1877. The Government of the North.
western territory, embracing the present States
OF Ohio, Indiana, Illinois, Michigan and part
Of Wisconsin, was, as is known to us all, ore
| ated by that celebrated ordinance, passed ust
prior to the adoption of the Federal Constitu-
ton, which for brevity, comprehension and fore
| cast has no superior in the annals of legisla-
ton. The most remarkable part of the Ordi.
nance is the following, which beg leave to
read: .
And for extending the fundamental principles Of civi
and religious liberty which form the basis whereon thes
republics, their laws and Constitutions are erected
fix and establish those principles the basis Of all laws
Constitutions and Governments which forever hereate
shall be formed In ths said territory:
tits hereby ordained and declared, that the following
articles shall be considered as PARTICLES Of compact be
tween the original States and the people and States II
the said territory and forever remain unalerabe,
| less by common consent, towit:
ART. II. The Inhabitants Of the said territory shal
always be entitled to the benefits Of the writ Of hGbSa
oorpus and OF the trial by jury.
Listen to what our Supreme Court (fogg v
Zanesville, 5 Ohio Reps. 4l0; Hutchinson v
Thompson, 9 Ohio Reps. 52) says with regarC
to the validity and binding force OF these al
ticles of compact:
This portion Of the ordinance "a as much obligatorJ
upon the State Of Ohio as our own constitution. IA
tr1A 10 more 60 soI tho eons..atOu be ateref
eoiElolt tho assent both Of Me people of hfs Stat
and Of the United States through their rspresenta+
| ttpes =
Under the ordinance, then, we, the people O.
Ohio, are ALWAYS entitled to the benefits of th,
writ Of habeas corpus and Of the trial by jury
This is an article Of compact, which can oni,
be altered by the common consent of the people o
this State and of the United States at lara
through their representatives.
In our State the writ OF habeas coypus car
neper be suspended, either by Congress- or tn,
President, without the assent OF the peopl,
xhrough their Representatives. President Lin
coin, In suspending the writ without frat oh
tanning our consent thereto, has violated {
solemn article Of compact; his act is palpabI,
Iillegality, O wanton usurpRtion of power
Mr.. Speaker, Ii has been said that the per
sons imprisoned in Ohio interfered with enlist
ments, and were therefore properly arrested -
Our quota was filed at the time of the fal
election; DR.. Allen was arrested after th,
election, and could, therefore, not have inter
tered with the enlstments. Why was he ther
arrested2 The resolutions have introduced
are plain matter Of fact resolutions; they as
sumo nothing; they merely aver that citizen
of Ohio have been deprived OF certain consti
tutional rights. The fact, per &c, will not b,
denied. Those who argue against the resolu
tions, claim that the parties arrested wer,
rishtfully deprived of their rights. We den,
the assertion. How can We find out the truth
By adopting my resolutions.
The gentlemen from Logan and Montgomer,
say that arrests, in times like these, are justi
fed whenever public safety requires them to b,
made; they claim that the public safety de
manded the arrest of citizens of Ohio. w,
deny the assertion How can We find out tn,
truth7 By adopting my resolutions.
Mr.. Speaker, We ought to consider, that th,
Allen and A. McGregor were made, and SINH
lar outrsges committed In the loyal State o
Ohio, In State where there was no Insured
tion or rebellion or any pretense thereof, or ON,
other obstruction against the authority of tn
Government, Shall we tamely submit 10 th
persecution Of our cilizens7 II we do, Wha
protection have we against persecution our
selves7 For If the President has the powe
claimed for him by his friends, why, tell me
what would prevent him from seizing and i'm
prisoning In some of his bastiles, every membe
on this floor, or every judge in Ohio, in case th
action Of the legislative or judicial department
should become distasteful to him2 In the RI
man Republic, wrong committed on one We
an cffense TO all. Are We less patriotic tha
the ancient Romans7 Have we 60 degenerate
lthat We can look quietly on and see our mo-
sacred righta, one after another, crushed an
trampled under foot7
Ur'is there any law or constitutional provisio
authorizing these imprisonments2 If 80, poiI
them out to me. You know that there Ia nom
a Then you must admit, that President Lncol
and the Governor Of Ohio are usurpers and VII
llators of the Constitution, which they hav
solemnly sworn to support.
| Don't plead war necessity as shield for th
crime committed! Necessity has been Il
tyrant's plea at all ages and everywhere on th
= globe. Don't speak about Honest Old Abe! N
man In his sound sense believes any more In b
honesty. The events have taught us that the me
I'm power at Washington are 90 base as cunning
, that the forcible abolition of slavery was d
8 object the Administration had In view from IL
q Ivar,, haoipnino. khuk in nrdaF Tn nhaak tha II,