The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1863-01-17


this time these warning words of Was
Al ington have peculiar significance: 1t
e important, likewise, that the habit
e thinking in a free country should inspil
b caution in those intrusted with its admin
j. tration to confine themselves within the
e respective constitutional spheres, avoiding
O in the exercise of the powers Of one d,
:, partment, to encroach upon the othe
/ The spirit Of encreachment tends to con
l. solidrte the powers of all the department
S in one, and thus to create, Whatever tn
J., form of government, real depotism"
: A just estimate Of that love Of power
e and proneness to abuse it, which rredomi
! mates in the human heart, is sufficient t,
, satisfy US Of the truth OF this position
: The legislative. executive, and judicia
? departments are CO ordinate. IL is equal.
treasonabie to resist the rightful authorit,
J of either. 70 overthrow the power o
elths<4epartment is revolution. Legisla
) tive right, executive power, and iudic;a
/. independence are alike sacred Disregars
for the limits of State and National juris
, diction, and the interference OF one de
: partment with the duties Of another. arr
. not only opposed to the genius and orga
nIzation Of our civil government. but the,
have caused disasters in the conduct o.
|
, sets aside the authority of the Judiciary
and overrides the laws of States, the Co
vernors of States meet to shape the policy
Of the general government; the National
Legislature appoints committees to inter
fere with the military conduct of the war
and Senator'S combine to dictate the En-
ecutive choice OF constitutional advisers
The nafyal results OF meddiing and in tri que
have followed While our armies have
gained victories in the fields remote from
| the capital, within its influence the heroic
raior Of our soldiers and the skill of our
Generals are thwarted and paraiyzed.
1t s dangerous and demoralizng to
| show contempt for State authorities and
laws. 1t undermines alike the foundations
| of State and National government, by
breaking up the social system. If home
laws are not respected, the more general
authority will not be regarded. Our peo.
| pie have, therefore, viewed with alarm
| practices aud pretentions on the part of
| officials which violate every principle of
| good order, of civil liberty, aud OF consti-
| tut;onal law. 1t is claimed that. ia time
| Of war, the President has power Is Com
marder-In Chief Of our arnss -yh,ch au-
thorizes him to declare mag;ie. lar. not
only within the sphere of hostile move
ments, where other law canuol l. enforced
but also over our whole land tL-:, 1t his
pleasure, he can disregard, No. only the
statutes OF Congress, but the decisions o.
the national JUDICIARY thai IN lov..i States,
the least Intelligent classes OF officials may
be clothed with power not only 50 act as
| spies and informers, bat also, with ou, due
! process OF law, to seize aud impr.son our
citizens and carry th. IN ley ond the limits
! of the State, and to hold them Ia prisons.
! without a hearing AID without a know
/ ledge of the offences with which they are
charged. Not only the passions and pre-
JUDGES OF those inferior agents lead then,
to acts OF tyranny, aut their Interests are
advanced and thcir ,.rSiiions secured bv
promoting discon-e.. .u. disco,i Even
to ask the aid of coucs-. las been held to
be an offence. II ~ eel well xaid tina,
TO be arrested for oae EnCI7s not what TO
| be confined no oUe ) entitled 10 ask
where, TO be tried 10 one can say when.
by law no wnere known or established.
or TO linger out liz. in & ce.l without trial.
presents body OF tyranny which cauuot
be enlarged. he suppression cf journals
and the imprisonment Of persons have
! been glarihgly partisan, allowing 10 some
the utmost RIGHTEOUSNESS OF criticism and
pulishing others for the fair exercise of
the right OF discussion.
Conscious Of these gross abuses, an at.
tempt has been made TO shield the viola
tors Of law and suppress inquiry into their
motives and conduct Their attempt will
| fail Unconstitutional acts cannot be
shielded by unconstitutional laws Such
attempts will not save the guilty, while
they will bring just condemnation upon
those who try TO pervert the powers of
legislation to the purposes Of oppression.
10 justify such action by precedeuts drawn
from the practice OF governments where
! there Is no restraint upon legislative power,
Will be OF no avail under our system which
restralns the government and protects the
citizens by written constitutions
shall not inquire what rights States in
| rebellion have forfeited; but / deny that
this rebellion can suspend single right
of the citizens Of loyal States. denounce
| the doctrine that civil war in the South
takes away from the loyal North the bene.
fits of one principle of civil liberty. 1t is
high crime to abdutt citizen Of this
State 1t is made my duty by the ccns,i-
tuition to see that the laws are enforced
shall investigate every alleged violation
of our statutes, and see that the offenders
are brought TO justice. Sherifis and Dis
trict Attorneys are admouished that it is
their duty to take care that ny persons
within their respective counties are inn
prisoned or carried by force beyond their
limits. without due process of legal autho-
rity The removal to England of persons
charged with offences, away from their
friends, their Witnesses, and means of de-
fence, was Que Of the acts Of tyranny for
which we asserted our independence.
The abduction of citizens from this State
for offences charged to have been done
here, and carrying them many hundreds
of miles to distant prisons in other States
| or Territories. is an outrage of the same
character, upon every principle of right
and justice.
The general government has ample
power to establish courts, 10 appoint otfi
GERS to arrest, and Commissioners to hear
complaints, and to imprson upon reasona
bic grounds Of suspicion 1t has a judicial
system in full and undisturted operation
Its own courts, held at convenient points
ia this and other loyal States are ope Il for
the hearing of all complaints If its laws
are not ample for the punishment Of often
ces, it is due to the neglect OF those in
power Government is not strengthened
by the exercise of doubtful powers, but by
wise and energetic exercise Of those
which are incontestible. he former
course never fails to produce discord, sus
picion, aud distrust while .ac latter in
spires respect and confidence. This loyal
State, whose laws, whose courts, and whose
| officers have thus been treated with mark
ed and public contempt, and whose social
order and sacred rights have been violated,
was. at that very time, sending forth Sreat
armies to protect the national capital, and
To save the national officials from flight or
canture It was while the armies of New
| Yprk thus sheltered them against rebel
lion that. without consultation with its
Chief Magistrate, subordinate depart
ment at Washington iIsulted our people
and in nAaded our rights.
Against these longs and eutrages the
| &c tbo S..4a of Na~ Veil -. :. .