Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-08

understand It 10 not judicial tribunal that one
estmable blessing Of order and peace Law reverence
but not the :aw' OF King Bomba. Order, stand by
th.t; but not the order which 'rolgued in Warsaw
Peace, that would preserve at almost any cost but
not the peace which Is only the quiet Of the grave
But there will be collision. These threats and
fears alike idle II this court shall by It's Judgment
discharge these reators psoner the Federal govern
ment will aoquieSce in that Judgment until It shall have
been reviewed In the mode contemplated by the Const
tuition. Whenever another like shall again arise,
must be- continued until the Federal government,
listening TO reason shall voluntarily return again to the
sphere Of Its legitimate functions and dutes or until the
people, reused TO action and exercising the oonatitu
tona remedy shall constrain Its return by will only
less sovereign and, with reverence bs II sad only less
divine than the will Of God.
And here leave with your honors this case, and all
the great interests which It involves. Weigher con,e
quences hung ou the arbltament Of any tribunal
The strain OF tthe federative system has come, and
your hono to determine at least for the citizens OF
Ohio whether under that sy tenn there be any ade
quae protection for the reserved rights Of the States or
any efficient safeguards for the liberty Of the citizens
The Of constitutional government here and now
on trial. God send Il q safe deliverance.
Can any language stronger than this anywhere
be found2 Could any argument more convinc-
ing than this be used2 Gould any condemna-
ton against arbitrary arrests, and the exercise Of
tyrannical and despotic powers, be more pointed2
In word, could anything more condemnatory
of Lincoln, and Tod, and Wolcott, be imagined,
than this argument, which Wolcott himself has
made as enduring as will be the records Of the
Supreme Court Of the State, upon which it is
written?
I recommend every word and every line this
lengthy and convincing argument to the repe-
rusal Of Wolcott HIMSELF for, if God spares his
life and mine, he will yet be compelled to de-
fend himself against his own burning words and
Irresistible conclusions. / recommend it to the
careful consideration of Lincoln and Tod, and
the closest study and analysis Of the legal gen.
tlemen Of this House, who ore making their lame
defense of the President and the Governor, for
their wanton and uDjustifable exercise Of the
arbitrary power herein condemned.
Mr.. Speaker, there are two very important par
ticulars in which the cases Of these eleven citi-
zens of Ohio differ from the cases upon which
Attorney. General Wolcott made this overpower-
ing and unanswerable argument in favor Of State
sovereignty and the liberties of the citizen. In
Wolcotts case, Langston was negro, whilst
these eleven citizens, whose arbitrary arrest and
Imprisonment he ordered, are white men. Bush
nell and Langston, whom Wolcot sought to re.
lease from Imprisonment, had been indicted by q
grand jury for an affense clearly defined upon
the statute books-had been permitted speedy
and impartial trial by q Jury in the State and
district in which their ofense had been commit.
ted; that impartial Jury had found them guilty
Of the offense charged against them, and they
had been sentenced to imprisonment by the court
which had tried them. But these eleven citizens
of Ohio, whom Wolcott had ordered TO be ar
rested, were charged with no offense known to
the laws of the country, either State or National
they were denied an impartial and speedy trial
| by Jury in the State and district in which their
alleged offense had been committed; and three of
them had been transported out of the State, for
fear they might be released by writ of habeas
corpus 80 tempOTe o moTes :"
| Mr. Speaker, will next road from an article
in the Ne,o American Cyelopedia, on martial law
and the suspension Of the writ of habsas corpus:
Martial law is says Blackstone in fact no law at ALL
Yet Stephens an eminent commentator, defines the law
az that whatever It may be- which Is imposed by militia
ry powsr and says that II It exists at all in the in
stutons Of England II is Identical with the articles Of
war. 30, in his "Law Dictionary" Bouver says, mar
tia law 10 code established for the government Of
army and navy. Its principal rules are to be found In
the articles OF 1ts object 10 TO subject the whole
military body to certain rules Of discipline essential
energetic and effective action and violations Of 1t
to be tried by court martial. These authorities define
very we'll military, and In certain sense but not WE'LL
martial law. clearer idea is that furnished by old
writer, Smith, who in his "English Republic" says
Maral law s the law OF war; that depends on the Just
but arbitrary power and pleasure OF the King. For
though he doth not make any laws but by common con-
sent In Parliament yet In time Of war, By reason Of the
necessity Of It, to guard against dangers that
|
ever opposed to other authorities this expresses what is
distinctly meant, both in England and In this country,
by martial law. When in times Of extreme peril to the
State either from within from without, the general
safey cannot be trusted to The ordinary
or the public welfare demands the adoption and execu'
ton Of extraordinary measures 1t may become neeessa'
~ declare the existence OF marital law This is In.
deed no law at all in Its ordinary sense 1t h in fact
the abrogation Of It, That which Ia done under martial
law has not an immediate constitutional legislative
SANCTION as the military statute law, for example,
has
which has become supreme. Yet remotely and In
directly martial law expresses the will OF the people.
The Supreme Court Of the United States has held tnst
State Legislature may proclaim Its existence whenever
the public safety demands 1t.
Tho right 10 fudge aohether the eDi0epcy has arisen
belongs IL seels eDslusiuely TO Congress 30, In Eng
writ Of hdbeds corpus requires the authority OF Par
amentary acts to give them constitutional existence
In this standard work, sir, we have the doc
trne clearly laid down, that both in this country
and in England, martial law, and also the sus-
pension of the writ of habeas corpus, belong ex.
clusively to the legislative branch of the govern
ment. Neither the King of England, nor the
President Of the United States, can either declare
martial law, or suspend the writ of habeas corpus
Such have been the uniform decisions of the
courts Of this country. So faras the Circuit and
District Courts of the United States are concern
ed, / am advised that there is not single de
clSl0n 10 the contrary. Sucn also nave peen tn(
/ uniform decisions Of our State courts.
; Sir, since these resolutions have been unde
discussion in this House, the Supreme Court o
the State of Wisconsin has made decision righ
J to this point.
This decision is the more significant at thii
time from the fact that the Wisconsin Judges ar
Republican in politics, and from the still furthe
fact that it overrules the action of President Lin
coin in his declaration Of martial law in Wis
consin.
Chief Justice Dixon, in pronouncing this de
oisinn, oxpressea much rograt that ho is com
PEELED to differ with the President, and to declar
this exercise of such arbitrary power unconstitu
tional, and without precedent. The Chief Jus
tice says:
In the matter of tho application of Nicholas Ren
il for a0rit of hd66ae corpus. And first, think tn
President has power in the Of the ninth secto
Of the nrst article Of the Constitution Of the Unite
States to suspend the privilege Of the writ Of hd6ed
It corpus. ii In my Judgment legislative and
executive act and the power ID vested In Congress
Upon this question 1t to that the reasoning
10 Chief Justice Taney In e1 pdrt6 AerTRdD Is unan
swerable; and, in saying this, accept as Just, tn
n to, upon the decision there made.
,fI agree that there Is plain distinction between tn
suspension OF the writ In the sense OF the clause Of tn
Constitution and the right Of military commander +
p refuse obedience when justified by the exgences
war, the fpso fdoto suspension, which takes plac
wherever martial law actually exists which the ohis
Justce seems to have overlooked. But this kind
suspension, which comes with and exists withon
proclamation other act, limited by the necessitie
VI It applies only to where the demand ur
"a the officers time and services such that he ca
not consistently with his superior military duty ylel
tn m ha thorit