The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-07-08
JOlhn Trough Om Arbitrary Ar.
rests.

John Brough, the nominee of the So
called "Union" party for Governor,
in his speech at Marietta, June 10,
made, according to the Cincinnati Ga
zette's report, the following remarks
on arbitrary arrests:
"But you have another objection to
this war, and that is this matter of ar
bitrary arrest of some men who have
not been content with thinking trea-
son, but have been talking it rather
loud. There's been about half a
dozen men taken down to Fort Lafay-
ctte-perhaps there is one in Dixie
now. Laughter, You say these
men have been arbitrarily taken with
out warrant in the Constitution,
Some legal mouser has sat down and
counted it over, and has not found any,
thing to justify it. He has found that
they never expected any such state of
things, and therefore there was no.
thing put into the Constitution to meet
it. Treason shall consist of one overt
act-talking is not an overt act
We must not forget that the funda-
mental principle Of oil governments
on earth places a large discretionary
power in the hands of the rulers of the
land for cases of this kind. The old
legal maxim is, that the laws are SIS
lent in the presence of arms. You
have very little cause to complain
here--if you had been down South |
think you would have had much more" !"
Mr.. Brough in the above passage,
plays the demagogue to perfection.--
He states that the matter of arbitrary
arrests is made an objection to the
war. This he knows is not SO. The
objection is, not to the war, but to ar
bitrary arrests per Sc as unconstitu-
tional and illegal. These, Mr.. Brough,
like slavish dcmagogue, attempts to
justify. 1t is on this question, and
not on the question of the war, that
the great body of the free people of
Ohio take issue with him. He has
thrown down the gauntlet in defense
of arbitrary power; the people of Ohio
will not be slow in taking it up.
Mr.. Brough admitted that Ohio cit
izens have been arres,ed, imprisoned,
and one ut least banished the State,
without warrant of Constitution or
law. Any objection to these arbitrary
proceedings he ridicules by calling the
free man who examines the Constitu-
ton and laws Of the United States
and the Constitution and laws of Ohio,
and finds nothing in either to justify
such high-handed proceedings, "a le-
gal mouser." Then, the men, the ps-
triots of '76, who resisted the arbitra~
ry acts Of England's monarch, George
III, because there was nothing in the
Constitution and laws Of the mother
country to justify them, were "legal
mousers.. II such men are ''legal
mousers," then John Brough is a
JAcKALL Of despotism.
Mr.. Brough justifes unconstitution-
al encroachments upon the liberty of
Ohio citizens because, as he asserts,
"the fundamental principle Of all gov-
ernments places q large discretionary
power in the hands Of the rulers Of
the Ian / for cases of this kind" What
fundamental principle does Mr.. Brough
mean? He does not say. The funda-
mental principle of our Government is
that all power emanates from the peo-
pie, who have expressed their will in
written Constitutions. Their rulers
for the time being are their agents se-
lected to carry out their will thus ex-
pressed. A Constellation is letter Of
instructions to the ruler or servant of
the people, from the letter and spirit
Of which he is in no case and upon no
emergency 20 depart, upon pain Of
disgrace and dismissal.
Beyond and above the Constitution
no discretionary power whatever is
vested by the people in their agents.
If there were, the Constitution would
indeed be "a rope of sand," and the
people of Ohio would be as much the
subject Of arbitrary power as those of
Poland under the Russian Czar. This
is the fundamental principle of our
National and State Governments,
which Mr.. Brough and demagogues
like him are seeking to sap and over,
throw, and establish the contrary prin-
ciple, that there is reserved, not in
the people, but in the hands Of some
servant or servants Of theirs, 'isrge