The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1863-05-20


cd in an act of Congress- Four petty pro-
Ivost marshals are to determine what treasona-
bic practices are, and ainquire into, !" detect,
'spy out eaves-drop, ihsnare, and then inform,
report to the chief spy at Washington. These,
lsir, are now to be our; American liberties un.
der your Administration. There Is not a
crowned head in Europssmho dare venture on
.snch an experiment. How long think you
this people will submit But words, too
conversation or public speech--are to be adj
judged unreasonable praetiess.p p Men, women,
and children are 10 be hauled ? q ffison for
tfree speech Whoever shall ,del hee or OPP
pose this Administration whoever may affirm
that war will not restore the Union, and teach
Fmenl fhesgospcl of peace, may be reported and
arrested upon some old grudge, and by some
Eancient' enemy itamay be, and imprisoned a.
guilty of reasonable practice. se
lisaSir, thereacan be but one treasonable prac-
tice under the Constitutions Of the United
States.ge Admouished aby the lessons of Eng
lish history, the trainers of that instrument
d. fined what treason is. Itisthe only ofense
defined in, the Constitutions We know what
it is. Every man. cam tell whsther he has
committed treason. He has only to look into
the Constitution, and he knows whether he
has been guilty of the cfenss.V But neither
! the Executive nor Congress, nor both COM
bined; nor the courts, have right to declares
either by pretended law or by construction,
that any other ofense shall be, treason, except
that defined and limited in this instruments
WHAT'S treason |? Itliis the highest ofense
known to the lawpthe ost execrable crime
known to- thee human sheart--the crime Of
Losso nlnjestatis, ofthe parricade who lifts his
hand against the country of his birth or his
adoptious Treason against the United States,'
says the Constitution, s"sball consist ONLY in
levy yings var agninsts them, or lin adhering to
their enemies, giving them aid and comfort,
4 fHere a Republicans member nodded several
times andssmiled All, sir, understand you.
But was Lord Chatham guilty of legal treason,
tfeasonable aid and comfort, when he donoun-
ced the war against the colonies, md rejoiced
that America had resisteda ~ as Burke, or
Fox, or Barre guilty. when defending the
Americans in the British FarIiauent, and de-
manding cohciIiution and pc ee Were even
the Federalists guilty of treason, as defined in.
the Constitution for giving aid aud COM
fort' to the enemy in the war oflSz22 We're
the W higs in 1916 = Was the Ohio Senator
liable to punishment, yndGr, the Consultation,
and by Law; who said sixteen years ago; in tho
Senate Chamber when 8we were at war with
Mexico, s.if l. werslas Mexican as Z am an
American, 1 wouH greet your volunteers. with
bloody hands, and Rclcomu them to hospitable
graves Was Abraham Lincoln guilty, be-
cause he denounced that same war, 1hilc 0
Representative onsthe floor of this House p
Vas all tliaes.a .adhering to sthefeneny, giving
him aid and comfort, = within the meaning Of
eaaA. MEaaBER, The Democratic paper. said
so. iga sat - .aE igsszs 1irw 2Ha es7y7es
r. MnssV sVALLANDIGHAM. STr,aI am q
speaking now as lawyer and as azlegislatoF
to- leg islutors; and lawyers actioug efloath
and the other speciah and solemn sanctions Of
this Chamber, and Eot5iu the loose language
of this, political canvass, And 1 repeat, sir,
thatsif such had beensthe intent sof the Con-
the wholes Federal party and the
whole W hig party and their representatives
insthis and the sother Chamber might have,
beensindieted and punished as traitors.t Yet.
not one of them was ever arrested And shall.
tn ey or their descendants undertake now to
denounce and to punish, as guilty ofstEeason,
every man who opposes the policy OF this Ad-
on is againststhis civil war, and
for peace upon honorable terms / hope, in
spite Of the hundreds of yuor provost nsaTshals,
and all your threats, that there will be so much
of opposition to the war as will compel the
Administration to show decent respect for and
yield some sort of obedience to- the 'Constitu-
tion and laws, and TO the rights and liberties
of.the States and of the people.o sseiisdI
But to return; the Constitution not only de,
care to, guard against the abuses Of fyrannios
power, it expressly 1ascertains the character or
the proof, and the number Of Witnesses Beces--
sarysior .conrictiop, and hmits rhe punishment
to / he person or the offender; thus going be.
ypnd both the statute of Edward, and the COM
mon law - And vet every one Of these prUyi.
sions is ignored or violated by this bill. =
& ssNo ,,oreo,,,,,,.-Esez steaa 80 DzS Sl}A
Saws the Constit1tioh-A ~ as5i
l4shail be convicted Of trcason,' ta 11gt
As inst defned-s'ssS =
sunless; on the testimony of two witnesses"
II here, when and by whom, sir, are the two
Witnesses TO be examined, and under what
oath BY your provost marshals, Your cap--
tains Of cavalry BY the Ijailors Of your MIL
tery bastiles, and inside Of Forts Warren and
La Fayette? Before arrest, upon arrest, while
IN priso /, when discharged, 6r at any time at
my q, case Sc heretofore What means the Con-
stitut;on BY declaring that no person shall be
;a,iufcfed Of t7eason sunless on the testimony
If it.eo ,citncsscs ?'' Clearly, convicticn IN .
judicial court upon tcstimany openly given
md oath, with al the sanctions and safe
guards Of, d Judicial trial to the party accused.
Ana if any doubt there could be upon this
point, il is removed by the sixth article of the
.
But the Constitution proceedsE ssb
ttUhless on the te stimony Of two Witnesses
o the same overf act. .sss.172'sf
But words, and still less, thoughts and opin.
ors, sir, are not acts; and yet nearly every
ase of arb trary arrest and Imprisonment, in
he wholly loyal States, at least, has been for
Eerds spoken or written, or for thoughts or
'piEions supposed 10 be entertained by the
,arty arrested. And that, TOO. tir, is precise
y what is intended by this bill. i5sl@7set
z But further = sags5s sg9"'t
Tho testimony Of two Witnesses to the same
vert actor confession IN open coprf ''@s =
What eoust3 The court Of some deputy
,rovost marshal at home, or Of cur Provost
MARSHAL General orJndge Advocate General
iere in Washington The court ofa military
,astile, whose gates are shut day and night
gainst every officer Of the law, and whose