Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-24
SPEECH OF
HON. WILLIAM E. FINCK
OF PERRY COUNTY.

HON. WILLIAM E. FINCK
OF PERRY COUNTY.
Deliusred in The Ohio Senate, FeJruayy 27th ana
2Sh, upon the War Policy of The Adnini,tra.
ton, sT
IOontinued.I
What further does the President proprose 10
do by this second proolamation7 To declare In
all the States the suspension of the writ of ha-
beds corpus. Can he do this2 do not propose
to enter into any detailed examination OF this
question here, as il has been 80 ably done in
the other House, but will say that there never
has been any attepmt before on the part Of any
Executive to suspend this great writ of free
men. 0h
know that it has been charged that Jefferson
attempted to do IL, but nothing islartber from
the truth. 1t was one of Mr.. Jefferson's COM
plants that there was not perpetual prohibition
In the Constitution against the suspension Of
the writ by any power. o.
During the existence Of the conspiracy of
Aaron Burr, two Of his -conspirators, Bollman
and SWartw0ut, who had been arrested BY
General Wilkinson, were brought before Chief
Justice MaFshall on a writ OF hdbsas corpus, and
by him discharged. A bill was introduced into
the Senate suspendng the writ of hdbsas corpus
for three months, in cases of arrests for treason
and was passed in that body and sent down to
the House as confidential proceeding; but u
met with no favor In the House, On lis first
reading, Mr.. Eppes, the son-in-lsw of Mr.. JEFF
ferson, at once moved the rejection of the bill ,
and the motion prevailed by vote Of 1l3 to
IL. All the friends and supporters of Mr.. JEFF
ferson except two voting for the rejection of the
bill.
Look into the Constitution and see where
this power to suspend the writ is placed Not
| among the powers and duties of the Executive
but among the provisions defining and limiting
the powers of Congress.
Ia II claimed that the President has more
power In this respect than the King or Queen
OF Great Britainl IL is the boast of English
historians and statesmen, that the preservation
OF the liberties Of their people is secured in the
fact that this great writ can only be suspend ed
by the Parliament.
But am told military necessity requires the
exercise OF these extraordinary powers on the
part of the President. Sirs, / tell you the plea
OF necessity has been urged as an excuse in ev-
cry age and In every instance where the most
paplable nsurpaiions have been prscticed on
the liberties of the people; and it ia q plea
that never should be admitted by the friends of
and mine--the preservation of our liberties, de-
pend upon faithful and firm adherence to the
great bulwarks Of our Constitution.
These assumptions of power were calculated
to alarm free people. Provost Martials ap-
pointed all over the country, military courts es-
| tabl lished, the writ of habeds corpus suspended,
aud persons suspected of being guilty Of /" dig
| loyal practices to be seized, tried, convicted
and punished by military courts. Is all this
| fact, or 10 it mere dream1 Does it belong
to the year 1862 Ia this American law2 Ia
such the Law established by the Constitution of
our fathere3 Where do you get such power
when the President cannot even make simple
article of war without the authority of Congreas7
Turn back to the interview with the Proph-
eta from Chicago There was the germ of these
proelamstons when the Presidents saId.
uuuersrand me- raise no objection against IL m Lara,
or constitutional grounds for Ohsf -
the Army and Navy in time of war suppose have
right to take any measure which may best subdue the
enemy.
If he may do anything which in his Judgment
may beat subdue the enemy, ask, who can
restrain him in the exercise of sny power? n
he should think 1t a measure necessary In the
progress of the war, to close the halIs of the
State Legislature, what is there to prevent him
| from doing so2 Who can keep You, Mr.. P,eai-
| dent, secure In your chair? Who protect tbia
assembly in its peaceful deliberations7
If Congress- should not provide means in the
opinion OF the President sufficient for carving
on the war, may he not under this doctrine law
and collect taxes himself? say by this ples
| OF necessity there is no limit fixed beyond
which he may not go,whatever theipowers Of the
President are. say let all legitimate and con-
stitutional power be used. | will stand nv INV
Government in the exercise of every jeOiti,
mate power to maintain its existence. and nre.
serve constitutional liberty, but / can not and
will not sanction and indorse acts which In NV
Judgment are not only usurpations, but clear
and palpabls violations of the Constitution. and
the rights Of American citizens
In the name OF Heaven why do not the friends
of Mr.. Lincoln advise him that his policv ia
wrong, 10 suicidal to the best interests of the
people; that while IL tends to unite in solid
phalanx the men of the South In their reaist-
ance to the Government, It divides and distracts
the people in the loyal States. / have said
that l am opposed to the dissolution of the
Union. am unalterably opposed to dissoIu-
tion Of these States, and so far as the resoIu.
tions under consideration express that senti-
ment, indorse them bus desire to state as
my deliberate conviction, that the union of
these States can notbe maintained by pursuing
the policy OF the Administration, and il ia be.
cause of this conviction, and because of nv
devotion to the Union, that raise nv voice
to-day against the policy which has been adopt.
ed by tho Administration.
| believe to-day what the lamented Douplas
believed and expressed in the United States
Senate, that there are two parties in favor of
dissolution. Those who are advocating the
policy of the Administration In this emancipa.
tion proclamation, are aiding In the permanent
dissolution between the North and the South.
for there never can be q restoration of the Union,
If the policy of this unwise and mischievous
proclamation shall be carried out +
But il has been said on this floor, that the
Democratic party is, In come way, responsible
for this war; that Mr., Buchanan's administra-
tion should on the first movement made in
South Carolina to secede, have crushed Il out
by military force. pray Senators TO 20 back
for moment and consider the condition OF the
country at tho time when secession on the part
Of South Carolina, was organized, Eminent
and patriotic statesmen, appreciating the unz
fortunate and dangerous condition OF the coun.
try, proposed, that instead of military force be-
ing used, some fair and honorable adjustment
and compromise should be adopted, by which
civil war might be avoided, ahd all the States
be again brought Into the Union. Among
these patriotic men were the lamented Douglas
and Hon. John ]. Crittenden. II was by such
eminent and distinguished statesmen believed
that If military force were sent into South Car.
lima, II would at once precipitate revolt In all