Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-04

Instead OF that, he arrests Iamoc,.ta who have
committed no offense, thros1 them in priaon,
where they are cruelty treats NJ fo,gotten
How far will the transactits of Gonerai
jackson at New Orleans sustain Se action Of
the President2 "'''
General jackson was charged witl4ba dutv
of defending the Southwest from the ocres.
sions Of the British. He was beslegod aGNev
Orleans, by well appointed and discipi.e ed
force more than four times as large as his oE.
The city was filled with spies and informers, az
he was informed BY the Governor, and as was
proven by the British being piloted through o
narrow pass (bayou Blenveun) to the banks Of
the Mississippi. At the suggestion and under
the advice of the Governor, the judges, ihclud-
Ing Judge Hall and the prominent men of the
city, be declared martial law within his lines.
Even the Legislature then were discussing
terms Of capitalization. Martial law saved the
city and the defeat of our arms Extreme ne
ceseity required the measure. The writ Of
hobeas corpus was never suspended, and only
resisted In ono instance, If at all. The right of
military commander to enfore martial law
within his lines, in cases of extreme necessity,
ia On axiom the force of which ell admit. But
does that sustain Mr. Lincoln's martial law and
suspension of habeaS corpus In eighteen or niue.
teen sovereign States2
Tho course Of the President then Is not
founded In reason, or supported by precedents,
and 10 contrary 10 the decisions of ous moot EN-
lnent Judges and courts. The power then he
assumes 10 exercise Ia usurpation and tyranny.
By his proclamation he proposes to punish men
for disloyal practices by court-martlal. What
acts or words, or thoughts even, constitute
"disloyal practices," is left to the caprice Of
his fanatical followers What the measure Of
ntp pisbu - iaft ~ tba ktnn and ill NJ
his court who will obey his bidding. He thus
discharges the duties of Legislator, judiciary.
and Executive. He legislates in that he pro-
claims thing crime which is not known as
crime by the law. fIe judges in that be sp-
points the court, counsel and jury to try the
supposed ofRender--and he executes by hls
military officers and provost -marshals. Mad
ison says, In No AZ of the Federalist, "the
accumulation of all powers, Legislative, ex-
ecutive and judiciary in the same hands,
whether of one, q few or many, and whether
hereditary, self appointed, Or elective, may
justly be pronounced the very definition of
tyranny Montesquieu says: "There can be
no liberty where the legislative and executive
powers are united 10 the person or body OF mag
istrstes, or if the powers of judging be not
separated from the legislative and executive
powers" Il 10 true, from wholesome feer of
the people, none Of the subjects of these arbl-
tr4ry arrests have been court msrtialed and
shot. But under this convenient plea of mill
tsry necessity. the President claims the right to
do 1t, and makes himself the sole Judge Of the
exigency which shall forfeit the liberties and
lives Of the people. Alexanderi Hamilton says,
| ia No. "a Of the Federalist, "The practice Of
arbitrary imprisOnments has been in all ages the
faporits, and most formidable instrument Of
tyranny" Blackstone says, "To beEeave o
man of life or by violence TO confsGate bis es.
tate without accusation Or trial, would be 60
gross and notorious an act OF despotiem as must
at once convey the alarm Of tyranny through
ont the whole nation; but confinement of che
person by secretly hurrying him to jail, where
his aufferings are unknown or forgotten, 10 lest
public, less striking, and therefore a NOR
dangerous engine OF arbitrary government
In another place he speaks Of the habeas cor
pus act as "the bulwark of the British Censti-
tution," because IL affords remedy for arbi
trary arrests and imprisonments.
When | read history, recollecting that hui
man nature is ever the same, and in the ligh
| of that view, the acts of MIR. Lincoln through
less than two years of time, an Involuntary
| fear seizes upon me--a shudder runs through
my veins for the liberties of my countrymen
Eternal vigilence is the price Of liberty. II
tneHe hfDlHery lmptlSOnmeutb hre ElhutI ptinE
them to the broad light Of day, that their au
thorH may be justified: If wrong, that the peo
pie may consider their remedies under the Con
stitutlon.
Congress Is passing acts TO indemnify th
President and his suboTjinates for these fou
, wrongs That will not do. If theae wrong
are not promptly redrsssed-if Mr.. Lincoln
course Of usurpa!ion Ia not abandoned-the
will lead TO combinations of the people and tn
States against the Federal authorities. Ham
ilton says, elf the representatives Of the peopl
betray their constituents, there Is then no re
} source left but in the exertion of that origina
, right of self-defense, which is paramount I
} all positive forms of government; and whic
. against the usurpatioa Of the national ruler,
= may be exerted with an infinitely better pros
pect of success than against those of the ruler
, of an individual State" "The State
. can communicate With each other, and lnit
their common forces for the protection of thei
: common liberty"
! Let US cling then TO the Constitution AM
, each OF it's sacred provisions az the ark of on
, , salvation. Around II hovsrs the spirit Of tb
, Great Jehovah, II has been consecrated 1
J blood. Destroy that and these States are boun
D together by rope of sand. In the langusg
. of ON eminent statesman, let US cling to it Q
o the shipwrecked mariner olings to his last plan
a when night and the tempest olose around hin