Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-22

PS.ou w toeeorhhVu OF bn0 states under 81
: oid Union: He 10 for union Of the States O
'ne condition that slavery shall be abolished.
Wnat 10 the purpose Of loyal men Il is
Drng al the States back again as oe-equal inl
paired and that policy, which Will unite n
people In the loyal States and divide those /
the States In rebellion, is the only policy b
which this can be accomplished.
Allow me here to read few words from ths
tried and veteran Union man and statesmar
John j. Crittenden, on this subject In speec
which he made In the House of Represents
tiVes, Jan. 18th, 1863, he says:
But now new light has sprung up. You can see pott
ing sacred In the rights which have been guaranteed
the most solemn form since the Foundation OF The Gov
ernment: Under some new theory Of yours, you hes
s'e not 70 Dret up social relations which have forme
an essential part OF our society for two or three hundre
years There are connected with this Institution socia
relations and ties OF affection which you can not nm do
put when you repudiae Your President has sent fort
proclamation IN which he stops not with making fre
the slave. Of rebels but which makes free the slaves
every BODY within the territorial limits marked out
ana tnn n means by which Il is sought to carry on
war Tor the restoration Of the Union
from whence does the President derive his power Il
enforce such decree suppose he assumes It BY viz
S9 ~ military power, for he issues the proclamation
10 tne name OF the Commanderin Chief Of the armies
the United States He can not seek II from anv otbe
source The Constitution has certainly nowhere by m,
remotest inference given 10 the President the power
interfering with this institution to the slightest exten
IN any state where 1t exists beg you to consider the
OF the power which the President in his proc
emauon assumes to exercise. He assumes the preroR
awe OF mot only uproong Of the very foundations
W our social system but to designate by his own at the
exact region OF country in which this Emancipation moi
icy shall be executed. Sir this edIct is arbitrary and
constitutional II can have legal effect. II Is null
and void,
Having thus referred to the proclama ion
OF Sept. 22d, 1862, desire to say a very few
words In relation to the proclamation OF Sept
24th, 1862.
must be allowed to say that when l read
this proclamation of the 24!h of September, I
was startled at the assumption of power which
IL claimed to exercise.
l had been taught to believe that in these
States, and under this Federal Government,
there were certain well-deined safeguards
provided by both the State and national Consti
tutlons, by which the rights Of free men we're to
De protected. That every citizen was 10 be ex.
empt rom arrest except by the due process of
law, and that when arrested he was entitled to
iair and speedy public trial, not By court
martial, but by jury OF his country, and In ,he
State and district wherein the alleged crime
was charged to have been committed, and was
not to be tried for any ofense except such as
was defined to be so by the law Of the land.
Let me call your attention to this second
proclamation.
Whereas II has become necessary to call into aervice
not only volunteers but also portions Of the militia ~
the States by draft In order to suppress the
existing in the United States and disoya persons are
restrained BY the ordinary Of law
from hinderng this measure, and from giving aid and
comfort, in various ways, to the insurrectjon
Now, therefore, be Il ordered
ffT%. That during the existing insurrection, and AZ
q (owa
and insurgents, their aiders ana abeters within the
United States, and all persons discouraRinr vounee,
enlistmens, resisting militia drafts or guilty. Of ann
dssoya prdcce aortng aid and comfort to the rebels
against the authority Of the United States shall be sab
%ec 10 marital tdao, and liable TO trial and punishment
by courts martial or military connlissio1s. =
second. That the writ OF ha6eos cOYpnsi suspended
10 an persons arrested or who are now or
any fort camp arsenal military prison, or other place
OF confinement BY any military authority or BY The
tence OF any courtmartial or military commission.
Here is an attempt to oust the civil iuris.
diction in these loyal States. The privilege of
the writ OF habeas corpus 10 suspended, "courts.
martial" are organized, with power to trv
convict and punish, not persons ''in the milf
tary and naval Service" but any one whom the
Provost Marshal may arrest, and the 'scourt-
martial" should think ought to be punished nm
der the authority Of this proclamation.
Now, ask you as calm and dispsssjonate
men, can you find any authority under tbe
Constitution Of the United States, for the ex.
ercise OF such high and startling powers. on
the part Of the exscutive7 Why, who is he 2 He
holds an exalted position, one of the biphest in
the world-but our fathers did not leave his
powers underlined and at loose ends. Thew
made for US Government, delegated to il GER
tain liked and definite powers. These are all
clearly pointed out and named In the Constitu.
tion. BY that Constitution the President ia
made the Commander-in-C Chief of the army
and navy, but that position is inferior to and
subordinate to his position as Chief Magistrate.
ne holds Il only because he is President and II
Is In subordnation to the chief office which he
exercises. IL is maxim in our Government
that the military shall always be subordinate
to the civil authority. AS Commandment
Chief the President cannot even make single
article of war; and why2 Because the Con.
stitution provides that Congress shall have
power to make all articles Of war.
What If the Constitution had provided that
some other person should be the Commander.
in-Chief, to be appointed by the President, with
the advice and consent of the Senste7 Could
such person have declared martial law all over
these loyal States, suspend the writ of habsas
corpus, and organize courts-msrtial to try per-
sons not in the military service7 Why, what
Is martial law2 1t is just no law at ali. Il ia
the mere whim or caprice OF the military com
mander, where martiallaw Ia declared. Every
safeguard OF the citizen ia at the merov of the
military commander. In the language of HIM.
Benjamin Curtis, late Judge OF the SUPREME
Court OF the United States, martial la W,'is the
Will OF the military commander, operating with.
out any restraint, save his judgment, upon the
lives, upon the property, upon the entire social
and individual condition Of all over whom the
law extends" Mr., Justice Curtis adds:
VIII any one be bold enough to say In view Of the nj.
tory or our ancestors aad ourselves that the Praslden
Of the United states can extend such law as that over
the entire country or over any defined geographical
part thereof save In connection with some narticni
military operation which he 10 carrying on hsre2 a,na
Charles l. lost his head there has been no tng in E
land whe could make such law in that realm. Ara
where Is there TO be found In history or our ona
tutions, either State or Ma tona any warrant ~,
ing that President Of the United Staes has bsen ny
powered by the Constitution to extend marital iav
over the entire country, and to subject thereby n hi.
military power every rightof every citEen7 ne has no
such authority. M , 7I-', =. - -'' 80 -" ny
Let II be remembered that Mr.. Curtis is not,
nor never has been, Democrat.
But in this proclamation of Sept, o4th. tn
President has attempted to establish martial
law and military courts all over these loyal
States. Who ever dreamed that there was
power vested In the Executive sitting at Wash.
lngton to Issue On order, that martial law should
pc established in Ohio, Indiana, Illinois or
Wisconsin, anil especially while those States
are loyal and their civil courts open daily for