Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-28


others, that II IL an inherent prerogative rest
Ing In the Chief Executive Of The nation, Sir
deny the authority Of any tribunal on earth
short Of the people themselves, TO sus
pend the po,oer Of that writ,, and thai
the privilege Of the writ may be sus-
pended alone by the Iegislatiye depart
ment Of government is apparent from the con.
text Of the Constitution itself, from the history
of the writ and tho judicial decisions for ages
past. However firmly this right may be se,
cured to the citizen In our Constitution, the
principle rests deeper In the foundation of gov.
ernment. Ohio is the center Of the Ordinance
Of 1887. At lite adoption, this whole region:
With some trifing exceptions, was one continu
Gus solitude, upon which nolaws had appeared
but tho laws Of nature. Here, then, was an
unequaled opportunity for the establishment Of
sn improved system Of local Law. No ancient
rnbbieh was to be cleared away; no time-hon-
ored prejudices to be overcome. All was open
best Impressions OF Legislative wisdom. Under
these auspices the following was enacted:
.""And for extending the fundamental princi.
pies Of civil and religious liberty, which form
tnv DAsls wnereon Jneee Republics, tnelr iaus
and Consttutions are erected; to fix and establish
those principles 40 the basis Of all iaws, consl-
tutions and government which forever hereaf-
ter shall be formed In said territory; to provide
also, for the establishment of States and gov.
ernmen: therein, and for their admission to the
federal councils on an equal footing with the
original States at as early periods ae may be
consistent with general interest. '''
:" 1t Is hereby ordained and declared by the
authority aforesaid, That the following articles
shall be considered articles Of compact between
the original States In said territory, and forever
In ,1no oIl #
"ART 2. The Inhabitants of the said terri
tory shall always be entitled to the benefits of
the writ OF habeas corpus, and of the trial by
jury" etc. @7r
That we may properly understand, let the
supreme Court of Ohio continue, In the case
Of Hogg us. Zinesville, o. Rep. 4l0, the
Court said: "Ths portion of the Ordinance Is
as much obligatory upon the State Of Ohio ss
our Constitution. In truth, IL is more 90, for
the Constitution may be altered by the people Of
the state, while this cannot be altered without
the consent Of both the people of the State and
the U tied States through their representa-
yves. Ii ID an article OF compact, aud until
We assume the principle that the sovereign
power OF the State is not bound by compact,
this must be considered obligatory" a
tits right older than all free constitutions,
and Is transmitted aud guaranteed by them. It
has grown up through many ages OF blood and
sumult, waged by the people against despotism,
and never until now, even in England, has it
been attempted TO be taken from them, since
Charles /. lost his head for Withholding the
privilege from John Hampton when he refused
to pay thirty shillings taI Illegally assessed u
But 1t lie denied that the Executive Of the
State ordered these arrests. Gov. Tod saye in
his message that he did choose to believe
him Re- ocQ
are informed that the bordering OF these arrests
had been left to the Executive of the States
People OF Ohio! what think you of this2 What
think you of Governor elected by yourselves,
not only permitting, but actually ordering the
arrest and imprisonment Of our citizens? And
for what2 Not because they had ever uttered q
word favorable to the rebellion; not that they
had single emotion In unison With the designs
Of rebels; nor had their tongues ever spoken q
word disrespeciful or in contempt of the Gov
eminent OF the fathers; but that they had re-
minded the people, perhaps, of the true ten.
dency of the unhappy conflict in which the
country is engaged, If left to the absolute con-
troll of policy az wild and utopan as ever
entered the crazy imagination OF revolutionary
fanatic. - n t"l.. 81 L.-
Can these things be in great State boa sting
Of it's freedom, Intelligence and humanity? Will
this Legislature be 30 base and cowardly as to
sic quietly and not at least make an effort to
call 20 account the authors Of the horrid enor.
mites upon our free citizens-the constituents
of those whose duty II is to protect public lib
erty, and see that there are laws TO puoish the
violators of men 9 right-white men, | mean,
like themselves. i.r ..r- ...-
The charge against these persons, It is said,
was that they discouraged enlistments' and
unilku If flAialnval nraaftoan - Wa 4
not been told in what these alleged crimes con-
sist. lie it "levying var" or ''giving aid and
comfort to the enemyp Is IL treason2 II 90,
they are guilty of the highest crime known to
the law. The fact, therefore, that they are re-
fused o trial, and every constitutional right ty-
rannicaly withheld until the prvate malice Of
some black villain was satisfied or the usurpa-
ton of public thieves accomplished, and then
discharged without having extended to them
the rights secured to highwayman or common
horse thief, it is evident enough that they were
guilty of no crime, much less these high telo,
niles which enter into and strike down the very
elements of civilized society. O. Neither will It
do to say, that these persons were discharged
when the quota of volunteers was full and
the draft taken place. IL they were guilty
of ofense worthy OF punishment, the fact
that the draft had been made, or the quota Of
volunteers furnished, would not exonerage them
from the just punishment due the crime COM
mitted. Therefore the arrests were not made
and the punishment inflicted because OF the
crime comInitted, but that some sneaking Abo-
iition scoundrel became fearfully suspicious
that in future something might be said that
would not accord with the infamy of Wade
when he said, g He that prates about the Con-
stilution, in this hour Of our cOun,ry's peril, s
. traitor,9 We have authority for taking this
view. Senator Sherman and others of the OPP
position have acknowledged that these arrests
are inexcusable, and are made Ia tho ,czerciso,
of unwarrantsd power.sg This admisaion &C
counts for the indecent haste With which Con-
gress passed o law to screen the President and
his legion Of hired spies and proyosts from the
consequences of the last remedy left . free
people, and we justly expect that the attempt
will be made by this Legislature to stifen the
backbone Of Qhio's Governor, and afford in-,
demnity for taking away from the citizen every
constitutional right and guarantee. fisi asf,
} 30 'nQ Concluded tomorrow ,r ls'