M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-06-11


hold me without hearing. because
some deputy spy Of his choose to re.
port me guilty OF "disloyslty," or of
reasonable practices Z" Is this the
liberty secured by the Constitution
Sir, let me tell you that if the purpose
OF this bill be to crush ont all opposi-
tion to the Administration and the
party in power, you have no Consti
tutional right to enact it, and not force
enough to compel the people, your
masters, to submit.
But the eDprmity of the measure
doeS not stop here. Says the Consti
tuition:
"Congress shall make no law abridging
the freedom OF speech or Of the press"
And ye: speech--mere words, de.
rogatory to the President, or in oppo.
sition to his Administration and his
party and policy, have. over and over
again, been reported by spies and in.
formers and shadows, or other min.
ions OF the men in power, to be "dis.
loyal practices" for which hundreds
OF free A American citizens of American.
not African descent, have been arres
ted and imprisoned for months with
out public accusation, and without
trial by jury, or trial at all. Even
upon pretense of guilt of that most
vague and indefinite, but most com.
Iprehensive OF all otfenses, "discourag.
ing enIistments," men have been
seized at midnight, and dragged from
their beds, their homes, and their
families, to be shut up In the stone
casemates OF your military fortresses,
as lelons. And now, by this bill,y you
propose to declare, in the form and
substance of law, that whoever
''counsels or dissuades," any one from
the performance Of the military duty
required under this copscription, shall
be summarily arrested by your pro.
Vost marshals, and held without trial
until the draft shall have been com
pleted. Sir, even the "seditiou law"
of 1913 was constitutional, merciul
Iand just, compared with this execra
Bile enactment. Wisely did Hamilton
ask, in the Fsdsra!ist, "What signi.
fies declaration that the liberty of
the press, or ofspeech, shall be inviol
ably preserved, when its security must
altogether depend Oh public opinion,
and on the general spirit Of the peO.
pie, and Of the Government 2"
But this extraordinary bill does not
stop here.
"No person.
Says tue Constitution,
mo person shal be held to answer fer a
capital or otherwise Infamous crime, unless
on presentment or indictment OF grand
Jury, except in coses arising in the land and
naval force, or in the militia when in actual
service in time of war or public danger; nor
be deprived of life, liberty, or property.
without due process Of law.'
Note the exception. Every man
not in the military service is exempt
from arrest except by due process Of
law; or, being arrested without it, is
entitled to demand immediate inquiry
and discharge, or bail ; and il held,
then presentment or Indictment by a
grand jury in civil court, and &C.
cording to the law Of the land. And
You now propose by this bill, in addi-
sion to the one million two hundred
and thirty.seven thousand men who
have Voluntarily surrendered tn at great
right Of freemen, second only to the
ballot-and indeed, essential to it
to take it away iorcibiy and against
their consent, from three millions
more, whose only crime is that they
happen to be 80 born as to be nov
between the ages Of twenty and forty
five. Do it, ii you can, under the
Constitution; and when you have
thus forced them into the military
service they will oe subject to military
law, and not entitled to arrest only
upon due process Of law, nor 10 in.
dictment by grand jury in a civil
court But you can not, you shall
not-because the Constitution forbids
it-deprive the whole people, also, oil
the United States of these rights,
"inestimable TO them and formidable
to tyrauts only" under the "war
power" or upon the pretense Of "mili,
tary necessity" and by virtue of an
act of Congress, creating and defining
new treasona, new offenses, not only
unknown by the Constitution, but ex.
pressly excluded by it.
But again:
"In all criminal prosecutions"
Says the Constitution
'I''the accused shall enjoy the right to speedy
and public trial by an impartial jury OF the
State and district wherein the crime shall
have been committed, which district shall
have been previously sscertained by law ;
and to be informed Of the nature and cause
Of the accusation; to be confronted with
the witnesses against him; 10 have compul-
sorry process for obtaining witness in his
favor, and 10 have the assistance OF counsel
r.. k.a l.farea .