Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-03

tnnt TUG NeW AOrk miliuA snail report 20 MIN
instead of Gov. Seymour 2q- What means this
sending o regiment of, armed men 20 SprinR-
field, Illinois, Just at this timer What means
the election at the point Of the bayonet of
Emancipationis!s to the Missouri Legislature,
some of them receiving only from thirteen 80
twenty. five votes 10 the whole district 1t these
acts are not aimed at Northern DemOcrats2
The Constitution Of Ohio provides that =" no
person holding Office under the authority of the
United States shall be eligible TO or have q seat
In the General Assembly,. OF this Stite.o Yet
there are gentlemen on this Roor Who, ,since
they were elected and sworn Ii, have been hold.
Ing Office under tke authority Of the United
States. They b5th speak and vote aeainat ell
inquiry into the arbitrary acts of the Executive.
Whom do they represent on this Aoor-Mr Lin
coin, the two thousand dollars year, or their
constituents who elected and sent them here2
What do all these things meant Bat gentle
men defend this sort Of proceeding and these ar
bi!rary arrests Of Democrats on the ground that
they are disloyal. The member from Belmont
(Mr. Chambers) and the member from Licking
(Mr Smythe), have fully discussed this ques-
tion Of Loyalty. The peoplein hiacountry are
cure. sisn- Aad che soser oien will is.oleNfly and
carefully expressed inthe Constellation ana laws.
That man is disloyal who refuses obedience to
the sovereign Will 80 expressed. The Demccsa.
cy have ever been faithful to the Constitution
and laws. We have met infractions Of the laws
on the part OF Our opponents by strict observ-
ance OF the laws on our part. We have ever
met violations Of the Constitution by rigid
adherence to it With ell its barriers and com.
promises For that reason we oppose secession
at the South as we'll as the revolution that is
being inaugurated at Washington.
The member from Warren (M,. Sc. - says
M 10 NJ a thou al.aIan
clat.on of rebels will not help US when the revo-
lutionists at Washington are violating ell the
provisions Of the Constitution that guarantee
US personal and civil liberty. When the member
from Medina Mr.. Hiils) yesterday said that the
party to which understand bim TO belong, cursed
President Lincoln in their heart Of hearts be-
cause he gave opportunity for the rebels between
the 22d of September and let Of January TO
come back into the Union, why did not the
member from Warren rise in his place and de
nounce the disunion doctriee 2 When the
member from Trumbull Mr.. Howe) the other
day said the very liberty guaranteed to rs
all was the occasion and afforded the
opportunity for rebellion, why did he not de-
nounce IL as libel on our free institutfons2
Since Benjamin F. Wade has said "Tbere was
really no Union between the North and tie
South, AMI he believed no two nations upon
the earth entertained feelings Of more blister
rancor toward each other than these two sec
tions Of the Republic, the only salvation Of
the Union, therefore, wac to be found divest-
Ing 1t Of all taint Of slavery There vas no
Union with the South. Let Us have Union,"
said he, ssor let us sweep erays this remnant
which We call Union. Igofor . Union where
all men are equal, OF for no Union at all, and
go for the right" And more recently, "thst
whoever urged strict construction of The Con-
stitution In time like this was a traitor"
Why does not the gentleman dencunce him2
Why have not gentlemen denounced the Ire
pressible conflict doctrine2 No. instead of de-
nunciation, seventy-five members of this Leg
islature this very day eclemniy and conaider-
ately, under their oaths of ofics, Endorsed Ben
jamin F. Wade and his disunion doctrines
They are In favor of "sweeping away this
remnant We call Union" and yet have the
unblusbing ehfontery to talk about Democrats
|being disloysI, when their avery Thoughts and
impulse 10 love Of the Consultation and UnioD
as our fathers formed them. -.-,,,,,.
The resolutions before US have been discussed
mainly with reference to the power Of the
President under the Constitution 10 make ar.
bltrary arrests, suspend the privilege of tha
wri. OF habeas corpus, and declare martial law
Without considering the power, naked justice
fined month after month without trial, without
any charge even, requires that the facts should
be inquired into and made public, Justice &c
th cir reputation and that OF their family and
friends requires it. Their associates, theil
ineighbors, and the communities In which they
live, demand Ii:
The President, In my judgment, has &c suei
lpower es Is claimed for him or as he has exeE
oised. If he has, IL is by virtue Of the Constl
y tuition. 1t by virtue Of the Constitution tina
he ia Commander -in-Chlef Of the Army an,
Navy. Itia by virtue of the Constitution tha
: Mr.. Lincoln is President or has any suthorit
whatever es President of the United States
Can he then declare martial lsW7 No one ha
: denied him that power in all places within tn
lines or under the immediate control Of hi
army, when ertysms seesssity requires 1t. Tha
: necessity must be immediate, pressing and ex
treme, and when the necessity ceases the powe
,, ceases also. Lord Coke saye, SIT IL now vel
settled that martial Law can be declared By
military commander only where civil process
, and the civil law cannot be enforced" Al
writer's on international law agree to that proE
3 ositlon. Martial law suspsnds, or rather sake
the place Of civil law, when that cannot be or
forced by the courts and the civil officers of th
=. Government. The member from Logan (MI
IS Wsst) says that necessity is above and superi0
0 TO the Constitution. In the sense Il q hei
8 applied he is mistaken. The law of sxtSsr
necessity ia recognized by the Consultation an
laws ss incident to a state of war. By It 10
are justified in striking down the highwayma
:. who would take your life. By itcourts and legi
j ! latures may punish for contemps, and thus PR
q tect themselves in the discharge Of the duti.
y imposed on them By the Constitution and Law
2 2 To show that Lord Coke and other writer's Q
4 international law are mistaken In their prop
Z sition concerning martial law, the member fro
q Montgomery (Mr. Odlin) cites the case
y Luther v. Borden, Howard. The casa do
y not sustain him; for in that case the Legisl
= ture of Rhode Island, by solemn enactmel
J; reciting that the civil Law could not be e
u forced, declared martial Law throughout {
L State and called out the militia to enforce
y and the arrest 10 that case was made BY an oi
y Ger of the militia. Rhode Island 10 not mu
too large at best for a good sized military can
:; Neither the President or any military col
- mander declared martial law in that case.
gI [conclusion to-morrow.1