Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-04-01

ION oil an author writing book, and theR
fore not "to be resolved without question.
II is true, Mr.. Speaker. that Justice Story,
erecting that great monument to his oW
genius, his Commentaries on the Constitl
tion, was only writing book,n' only formin
public opinion, only instucting the America
people in their political rights and duties, on!
instilling sentiments lnte the minds Of youn
men ;--only "writlng a book''--a book that
studied In every literary college and school Q
law 10 the land-a book that is read by ever
young man who hopes to rise to place of In
iuence and distinction among his follows
book to be found In almost every library, an
whose sentiments and teachings will live for
ever. Only bookl and yet o book In view o
which Story might have repeated the lines o
Horace with more truth than the author him
self: 1T .....'.
"Exeg monumentum @re perennius, -
Regalique Stu pyTamldum altiug."
But I am willing to concede much, Mr..
Speaker, to the prejudioes of an old lawyer In
favor of judicial decisions, and my next quota
tion ahall not be from "the opinion of an au.
thor writing hook" but In accordance with
hls own terms, ftom na legal decision, prepar.
ed for the Bench, with all tho care OF con.
solentious judge;n and thai iadge shall bt
none lesS than Chief Justice Marshall, and
that Bench none less than the Supreme Court
OF the United Staten, In delivering the opinion
Of which more than a half century ago, when
Jefferson was President, he used these words.
II at any time the public safety should require the
corp in the courts Of the United states Il is for the
Legislature say That question depends on poll
cal consierations which the Legislature Is to decide
Until the Legislative will be expresIed this court
fta Autu md rnt1at nhQUt tha IA nrank
1917 -lH ..'i'EIT i
To the same effect Is the decision of ChieI
Justice Kent oil the Supreme Court of New
York in 1913. In 70 Stacey, 10 johnson 1923.
And the same doctrine was reiterated by the
Supreme Court Of Louisiansin 1915 in the case
of Johnson Y. Duncan, Martin 53l. The
honorable member from Cuyshoga has told us
that this Is matter about which the opinions
Of judges is pretty equally balanced, and vet
that member, with ell his skill as lawyer and
with all bis powers of research has failed TO
produce decisions contrary to those to which
have referred; nor has this been attempted by
the member from Montgomery or by the mem
Der from Logan. think am safe in assert
ing, sir, that from the establishment of our
courts until the year OF grace 1861, no such
opinion was ever asserted by any respectable
court OF by any respectable lawyer. l know,
sir, that since TIC advent Of the present Ad.
ministration there are some who for political
consideratiohs hayeS'denied the faith and have
gone Contrary to the doctrine which they
have leaIped"-!he Attorney General, who
isauese ~ apology for what the President
has "ET$ady done, certain lawyers who seek
to bermade judges of the Supreme Court
or .Rfigadie GenerAls. and Renresents tives
ID sthis General Assembly who feel honnd "a
Ssfend their party right or wrong. In oppo.
siton to all this sir, even in the midst of thsse
seeenetate Gays, am able to adduce the testi-
mOny OF one who comes down to nB from the
pure dsyo of the fathara, Who Ia laden With The
oarnarad wisdon, oc n,anv q naa. ga - -
noaies 10 himself all the constitutional aud legal
learning OF the age. @
.o,.. :. .,,,. .t.....
sram Sa.ra a ~ s,n ssneisDne sNs nom, nomenl .
'eius III ooeium 'as' reu'as'
7 vagsr al, 10 Tho on;r;on &c cbiof I,,,,s,
tetot, s"' ~ W ~'ne opiuFVn VI Oniei justice
ifaney, Oh the supreme Court OF me United
States, delivered on the lst of June, 1861, In
the oaaa of er marie John Merrvn,an Tho
~hola on;r;on, oor stj,rtos a., M jaea, e a. :
wnvie oPilion oon1.iuto9 ou apie ueiense Oh tne
right OF personal iiDerty 10 tne American ciii-
zen and Ia worthy of lis learned and vanerable
authnr I ahalI nuote hut fou oF h,a oIoa !,
~ ~ 80, 80. f VI n'S o'oo'
anu e.npuauc sen'euces' neieSting 10 the ex-
traordinary claim OF power made by the Presi-
uen' Saa nnoTS o,nh;lsoa hoa uHeiy q. variance !!
,;S W.. "u Sm =. th;s ~ Op'u,on ahu WIN Ill
P'e''O.o p'ao'.oo :. 'u'' oo""''S' ne says
~ ~ sneu Sa @ 70 ~ ~ .S. mn some surprise, ior mac
law mon which bero rss no deSence of oninion anu
that II was admitted on all hands that the privilege Of h
writ could not be suspended except BY act Of Congress
And further on, after discussing tho extent
to which the rights of the citizen had been in
fringed by this arrest and Imprisonment, he
again says: ... ~
derived Of life bsrtv or oronerv WSont dn Sua p
cess Of law" 1t declares that the rshtof the peopi.
10 be secure in their persons houses papers and effects
against ssarcaes ana seizures shall moi be
cause supported by oath or s maon
ly describing the place be searched and the Of
things to be Seized" It provides that the party accused
ns ,ba.a and 1S Acc. cOur. 81 Justice
press itself could not suspend have been dsTersrSsd
and suspended like the writ of a6sas corpus BY mil.
iary order, supported Oy io,cs o. arms Such Is the
tSortv which the Consuton has eonSsa ~ tS tSs aa
dietary department and Judicial ofcsrs may thus upon
any pIetext or anoer any Srcumance, De usurped BY
Ine ns POre, ~ ~ u,SIson , sne people OF the
=, av. hnt svsrv c;Vsn SoIS. ~
"a r. Uut ;, .r ~ ~ e sna proper
- e. @ ~ ,,t;. ho s h ~ ~ =. s.S vn,oer III "hose
ST., Ar.
oucn' mr, opeasef, ls 'ne history Oh this an
eleh' snu sacrsu rlgas ol Personal. LIBERTY
sucp .he uoc.rine concerning IL IN England'
sucn .no suaran.ees % aaa saieguafos OIL our own
Gous.isalol, snu ss0a sae opl9ions OF our
nnierioan Juris's anu uecis'ons oi our Ameri'
~ can @ coals 10 van, s,l' ior 1ne resident
W. nssyl Ssne S ~. ot a sne suvTcatss VOC Oh ar
oy po"Ss 1920 apon 'uo noor VI .nis nouse, 70
usseuip' W ueuuoe eanusion VI suen authority