Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-03-16
Letter From Ex-PresIdent
Pierce 90 ilse Late senator


sTho following letter from eek, President
Pierce 70 The late Senator Rearce Of this
State, n regard % arbitrary arrests, has never
befdfh been lpublished. The position as
tspnifd hy ex-PrsBldent Pierce Is manly aud
declded, aud leaves no ground for doubt.
[coPY
CoNconD, N. H., January Is, 1862.
my DEAR sra: read with unusual interest
and satisfaction the debate which occurred ia
the Senate on the 18th ultimo, upon the resb-
lntion OF Mr. Trumbnll, and desire 10 express
my thanks for the sentiments and thoughts
which The occasion elicited from you. NY
convictions and sympatbies are with you
thoroughly when you say, II do not believe
that 1t imprisonment upon Lettres de cochetl
promotes the purposes of those who desire to
see this Union brought together again, an
object, OF all others, TO me the most desirable.
if It be possible r- ,, s,i,.,
In my estimation, the mover of the inquiry
deserves the gratitude Of freemen every
where, and only utters truth with force when
he declares that ''the power without charge
without examhnination without opportunity
OF reply, at the click Of the telegraph. 10 ar.
rest man in peaeeable portion of the
country and imprison him is "of the essence
Of despotisms Aud yet, the public mind
thus far would seem to have been scarcely
more reused BY current events of this char.
acter than II was, years ago, when we received
accounts of-simiar sinearcerations, ortlered
| BY the father of the now deposed Ring Of the
Two Sicilies How incredible it will appear
hereafter, wheu history shall be written On.
that at this period of the Republic the consti-
luiional Safeguards Of personal liberty could
have been so easily md with sOlitle apparent
concern swept away
The Secretary OF State, ON the 20lh lYltimo,
| four days alter the debate in which yoa par
tieipated, addressed an official note TO me,
which seems to illustrate, in a striking man
ner the slight grounds, or rather the ground.
ess suspicious, upon which in these times cit
lzans are liable to suffer IN reputation, if not
in loss of liberty. replied without delay,
and, so lar as am personally affected, may,
trust, well leave the matter IN quielness up
on the hles oil the Department. It is my be.
| lief, however, that no recent measure has been
fraught with more mischief than tho issuing
OF letters de cdchet, aud consequent arrests
mpFlsonments, in violation of the proyi-
sons of the Constitution and that the earlier
the system is etfectually checked the better il
will be for the Government and the country.
as well AS for the subjects Of oppression. The
I
necessity, except in the presence or immedi-
ate neighbOrhood Of hostile armies, where the
administration of law under its usual forms
may be inevitably suspended, is not gracious
| ly accepted by the mass OF the people Union
| without security Tor personal liberty is not the
Union which they have cherished and to the
restoration Of which they look with earnest
desire aud hope. Nothing, perhaps could ex-
press more clearly their views on this point
than the laHguageo Of tie great modern hstor-
ian, who died al comparatively recent peri.
| cd, leaving his work incomplete. In tracing
the successive steps in the progress Of British
liberty, Mr.. Macaulay says: ''We have been
taught, by long experience, that We cannot
without danger suffer any breach of the Con
stitution to pass unnoticed." "As we cannot,
without the risk OF evils from which imagina,
ton recolls, employ physical force as q check
on m.ssoyernment, it is evidently our wisdom
to keep all constitutional checks on misgov-
ernment in the highest state of elIiciency,-
to watch with jealousy the first begin
nings of cncroachment, and never to suffer
irregularities, even when harmless in them.
selves, to pass unchalenged, lest they acquire
the force Of precedenls Who in our land
will affirm that any other doctrine is worthy
of those who hold their rights under a solemn,
written charter 1t is cheering to know that
inquiry has been moved in the right quarter,
and that able and fearless men are stirred by
a sense of what IS due to our felow-citizens,
who have been imprisoned withou. assign.
ment Of cause aud discharged without ex-
Iplanation and yet more, to such as are still
in confinement, and precluded by guards and
: lprisonbolts from the privilege of the "great
writ Of liberty, AMI thus of confronting be-
: fore competent judicial tribunal suggestion
of crime, which the act of Imprisonment
itself implies OF tins latter class believe,
from my knowledge of the men, are not few
, worthy sons Of Maryland, who love the Union
as you do and who have striven, not TO destroy,
n but to preserve il II free from any taint OF
crime, as l take them to be, they will derive
unfailing capacity for endurance from the
eonsciousness that they have never nourshed
their manly strength 10 strike stout blows at
the foundation which the fathers laid-that
they have never participated in lines of action,
!, or in starting uiterauces. calculated to en-
n courage aggression upon the rights and in
Istitutions Of sovereign States-to foster sec
tional distrusi and aumosity, or TO inaugurate
q Iconhiot between different parts of the Con
Federation and lhastj weakeh hnity of feel.
ling interest and purpose if on the other
band, they ara guilty, the law will iniet ads-
1quRte punishment, whatever that may be, as
1t should 10 But how long is such duranee,
pifhom a heaiRg, to be their allotmeni2
am very truly your friend -"''
r. FRANELtS PERcr.
Hon James A Pearee, United States SENATOR,
% Washington, D. c.
1 A A d.