Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1863-01-02

prison should have no right to do that
the law points out the mode in which
alone it could be done upon an affidavit,
before magistrate, showing probable
cause. he might be committed.
Mr.. Fessenden. | think the Senator
will 60 a little further. l think if he
had good stout rope he would, on his
own responsibility, tie the man and keep
him tied until he could deliver him into
the hands of the law. or until the danger
was past.
Mr.. Powell If he had committed no
offense could not deliver him into the
hands Of the law; if he had committed
an offense | could
Mr.. Fessenden. There are certain
modes known to lawyers by which We can
prevent by legal process the commission
Of crimo, if we show probable reason to
appreheDd it; but suppose there was no
such legal evidence suppose there was only
the conviction in his own mind arising from
certain circumstances that might seem to
others to be inconciusive, that this crime
was about to be committed, and could
only be prevented by his taking power in
30 his own hands and restraining man
by force, would he not do it? Certainly
he would knew the Senator too well
suppose that he would not do what every
man of right feeling under the circum-
stances would do. If it is 50, and if that
is plain duty, how much higher duty
rests upon the President of the United
States to protect the life Of the nation by
taking the law into his own hands, under
the oath he has sworn to preserve, pro-
tect. and defend it
Has the President done any more than
this =? for am talking of him; not of the
Secretary of War, or the Secretary Of
State, or anybody else Has there been
anything mere than this ? Gentlemen do
not pretend it. We'll, sir, no crime may
have been committed: there may have
been no intention to commit a crime as
defined in the statue-book but let US
take another illustration, one that was
alluded to by the honorable Senator from
Ohio Mr. Sherman the other day
Thke the case of the members Of the
Maryland Legislature, The President
believed, and the world believes at this
day-so far as the world knows. anything
about it-that those members Of the
Maryland Legislature meant, it they got
together, to take that State out of the
Union, and carry it into secession. No
body doubts it. | ask the Senator if he
had been President of the United States,
under the same circumstances, would he
not prevented their meeting?
Mr. Kennedy. | should like to corr
rect the honorable Senator on that point,
If may be allowde.
Mr.. Fessenden. Certainly.
Mr. Kennedy. There was no evidence
of that sort that was made public at the
time, and that has been made known up
to the present period. 1t is mere mat
ter of surmise. | do not know what the
facts are.
Mr.. Fessenden. l grant all that, and
that is precisely the ground on which |
am arguing. | say that although there
was perhaps no legal evidence of their
intention, which would be admissible in a
court of justice, there was evidence
enough to satisfy the mind Of any reason
able man who knew anything about it
There was evidence enough to satisfy the
President upon the subject. He 5elieyed
that was their intention, ana believing as
he did, ask the honorable Senator wheth-
err it was not his duty to prevent it, BY
incarcerating the members and prevent
ing their meeting at all?