Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-04-01
SPEECH OF
HON. MILTON SAYLER,
OF HAMILTON COUNTY,

January 29th and 3Oth, on the Risht of Per.
sOnal Htsrty-Mr. Drtssl's REGULATIONS a.
to Arbitrary Arrssts being under considers.
tion, l
[oonCludedl
do not, of course, deny the right of lb,
Executive to Issue proelamations. There ARR
many precedents for that both In England and
America, but In neither of these Countries ia 4
the legitimate use OF proclamation either 10
MAKE law or to suspend law, or to interfere IN
ay way vita the processes of law, but only In
announce what law is and to warn sgainAt its
violation. This proclamation, usurpine aa IL
does Legislative power In the suspension of a
judicial process, has no precedent in Amerioan n
history, and none In English history aimee
James II laid claim to "dispensinpo power and
was driven from his throne. Il is not an Eng
lish proclamation, it 10 Spanish proDuncia.
mento, and many like unto it may be found In
the history Of that despotio government
But venerable and learned member of this
body has attempted to dednce this power Of the
President from the terms Of his oath of Office
wherein he swears, faithfully to execute his
office" and to "preserve, protect, and defend
the Constitution OF the United States;' by viz
tue Of which oath, we are told, 'he ia vested
with the whole power of the people, y
ana may neither ask Congress, Cabinet, or
men,. nov utterly deny that there ia any
possible sense 10 which the President NAV he
sald to be "vested with the whole DO = ar oi the
people," or that he Ia charged with the dutv to
"pfeserve, protect, or defend tho Constitution -
In exclusion of or superiority to the lerisla
tive or judicial department. He Is sworn ''faith-
fully" TO discharge the duties of his "offce -
That office is one of limited grants, the povers
and duties Of which are clearly defined in the
Consultation he ia sworn to protect. Ousside
OF these prescribed duties and powers he has no
more authority than any other citizen, and he
s az much sworn to "protect" the Constitution
against usurpation or invasion on his own mart
as against usurpasion or invasion on the part NJ
others.
ln the third section of tho second articlo IL
Is made duty of his "ofIlce," that "he shall
take care that the laws be faithfully exeou
ted, but this does not authorize him TO exc.
cute laws HIMSELF aor through agents or officers,
whether civil or military, of his own apnoint.
ment. de is to take care that the lava he
faithfully executed, and that they be executed
10 the manner prescribed by the Constitution
and the laws themselves, as expounded and ad-
judged by the judicial department of Gov.
ernment But he.certainly can not be said 10
stake care that the laws be faithfully execu-
ted" when he usurps legislative power bv
suspending the writ Of habeGs corpus, and iudi
cial power by arresting and imprisonine the
citizen Of his own exclusive authority. The
legislative and Judiciary are CO ordinate and not.
subordinate departments of Government, ssd
the Executive has no more authority to exc
cute their functions by making or suspending
Law, or by exercising the processes of the
courts, than any other citizen As no argu-
ment for this can, be deduced from The
nature of the executive office under the Con-
ettution, so neither can any argument be de
dHoed for II from the nature OF sovereignty,
or the necetsity OF Government for self de-
Tense In Times OF tumuls and danger. The
President asks If ti9 not better that be should
violate one Law than that others should be
permitted to violate many 2 In the light of
his official oath, solomnly sworn in the pres
ence of God and man, / anawer, no It Ia NOT
better that he should violate any law, Let him
faithfully e1ecuts the office of Prssident," then
come what may, he is not responsible. Let
him remember, if cit must needs be that of.
fences come," that the "woe' ls pronounced on
ly on "hm by whom the offense cometh." Let
him rather heed the words of the father of his
country in his farewell address to the Ameri-
can people:
Let there be no change by usurpation for though this
in one instance, may be the instrument of good Il Is Inc
customary wespon BY which free governments arc de.
stroyed The precedent must, always greatly overbal
apce, in permanent evil. any partial or transient bent
which the use can, at any time, yield.
Moreover, in the words of one of our most
learned jurists: "The Government of the United
States is one of delegated and limited powers. II
derives its existence and authority altogether
ON the Constitution, and neither of lt, branches.
Executive, Legislative, or Judicial, eau exercise
aDy Ut tue powers OF Government beyon those
specified and granted" This doctrine ia CLEARLY
aud emphatcaly set forth in the tenth article
OF the amendments to the Constitutions:
The powers not delegated to the United statea bv the
Constitution, prohibited by It to the States are re-
served to the States respectively, or to tie people
The States and the people of the States
these are the source Of whatever power pertains
TO the Federal GoveMnent, aud with them ia
the reeiduum OF power. What the States have
delegated belongs to the Federal Government:
what they have not, vests in themselves. What
the people of any State have delegated belongs
to the state Government; what they have not,
as before, abides with them, Thus our fathers
overturned theold despotic ideas, and the people
of America became citizene, and not subiects
sovereigns, and net slaves
Even if 1t were true, Mr. Speaker, that the
power to suspend the privilege of the writ of
nabeas corpus vested under certain circumstan-
oes In the President, jet certiinly the most en-.
thutiastic advocate of Executive power could
not therefore pretend that, these vested In him
s1so the power to set aside all these other ex-
press and unmistakable constitutional guaran-
tees of personal liberty to the citizen, aud that
he was therefore entitled to trample under foot
the provisions of our Ssats Consultation, to an
null our State laws, TO institute new and IN.
known offences, to aubslitute the report of come
deputy Provost Marshal for the preaentmens Of
giRnd Jury, to arrest the citizen by officers,
whether civil or military, OF his own appoint
ment, to disregard judicial forms, to deiain in
prison, to deny "spsety trial. or 70 substi-
tute military commission for judicial court
aud jury required by the Constitution,
For the cofIectness OF the proposition, how
ever, that the power 10 suspend the privilege
Of the writ OF habeas corpus vests exclusively in
the Legislative and not at all in the Executive
department. of our Government, have still an
olher argument TO adduce. In addition to the
arguments already set forth, drawn from the
history Of the writ, the decisions OF the Eng
lish courts, The analogies of the two, eoYern-
menis, ,he express woids, and the cootext OF
our own Constitution, | am able, finally, to ar.
ray in favor OF this opinion the uniforn decis-
ions OF onr American courts and opinions of
our American ju.isis. In addition to the great
English names OF Coke and Blackstone and
Hale and Mansfield, already adduced, have
yet to aoduce the equally great American
names OF Marshall and Kent and Story and
Taney. Mr.. Justice Story, whose name will