Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-07-09
G)e Ohio 6tatesnrta,,rt i
From the Cincinnati Enquirer.l
Human Liberty in 1969-3-Report on
Arbitrary Arrests. i.ta

from the Otncnnhu BnQuiret'l
Human Liberty in 1869-3--Report or
Arbitrary Arrests. '.ata
We have been favored with copy Of the ma
jority report of the select committee OF the
General Assembly, TO which was referred the
subject of the arbitrary arrests made In the
State after the adjournment OF the session oil
1862, and before tue commencement OF the
session of 1868. The committee consisted OIL
VIM. H. West, P. Odlln, Thaddeus A. Reamy
and John Birtram. The number Of pages ID
the report is twenty. nine, all Of which are ALLIED
With statements and arguments to justify thu
arrest and imprisonment OF several citizens o.
Ohio, by officers acting under the orders OF thu
National Administration. l
SIuce the adjournment Of the Legislature o.
1862, and up to the time Of the completion Of the
report, the following persons had been arrested
Edison b. Olds, of Fairfield county; Peter N
Reitzsl and Archibald McGregor, of StaFl
county; L. w. Hale and Daniel Tuttle, Of CraW
ford county, John w, KoOr, Of P,skavsy soun
ty; Daniel M. Allen, OF ColumblanR county
Samuel Flowers aud Bethnel Ruberts, Of Cham
paign county; Warren Stanton, of AshtabulS
county, aud Alexander Wallace. Of Brown coun
ty. None Of these persons, when they were
arrested, were informed of the reason fol
their arrest nor were they 90 informed al
any time during their confinement. None oi
them were brought to trial before any trlbu-
nal, civil or military, and all were discharged
after longer or shorter period OF imprison.
ment. As between themselves, therefore, and
the power by which they were seized and pun
ished, they stand not only unconycte1 but IN.
charged; and strange as II may look In the eyes
of posterity, ii was not until after they had suf
fered the penalty that third party Was found
10 the form of q committee Of the Ohio Legls
lature, to volunteer in the more than doubtful
enterprise of manufacturing charges against
them, and attempting to support those charges
BY ez paYte evidence. To hang men fret, and
try them aiterward, has been heretofore con-
sdered rather questionable innovation upor
the old mode Of Judicial proceeding; but thil
goes further, inasmuch az parties not before i'm
plicated In the matter-out Of mere love, as VI
must presume, for that style OF justice-comt
In, of their own accord, 10 conduct the prosecu
ton, and make up the verdict,
Stated simply as matter Of fact, by some
future Sparks or Bancroft: that the Uuitet
States Government, in the year 1862, sent It's
agents into the State Of Ohio, who seized citi
zens without charge Of crime or legal warrant
for their arrest, veyed them beyond its bo ind
aries, and shut them up In distant prisons and
fortresaeR; aud that subsequently a commit
tee Of the Legislature Of Ohio, while
admitting that these persons had commit
ted no act prohibited either by State lawt
o. by National, and that the arrests ant
imprisouments were entirely without legal ex
cuie, voluntarily devoted itself to an attemp
to Justify the proceedings In the eyes of th
people and it will read curiously. The worlt
will wonder at the style of patriotism displayel
/ ~ xoadu k0 la khaip M
honor, reputation and sense Of just ce, the right
Of the State intrusted to their defense, and ,h
liberty of its citizens, with 60 much liberalit
upon The altar of their country and may, ii
the light of the facts, be led to question wheth
or, after all, IL was the altar of their country o
that of their party upon which they placed ihei
offerings. g.
] Ii was left for this committee TO find out th,
offense for which their fellow citizens were or
rested and imprisoned; and this they do, wit.
q species of logic for which they cin not be to,
much admired, by inference from the fact o
| their arrest and imprisonment. TIE charges
attempted to be sustained we're those OF discour
aging enlistments and encouraging resistanc'
| to the proposed conscription. And here ",
may affirm that were these acts crimes undel
the law, and were all the suggestions, letters
anonymous and otherwise, rumors and scabda
which are presented in the report put In authen
tic form, and exalted to the character OF legs
evidence, they would not have justified the con
viclion Of either OF the parties, in fair cour
and before an impartial Jury. The committe,
was obliged 10 resort to the grOssest exaggers
lion of language In order to mske out the ap
pearance of a case and the document befor
US is In ptiful contrast, In respect to style ant
temper, with those grave and rational produc
tions which We have the right to expect from
gentlemen in their circumstances, and actinl
under the responsibilities which they had as
sumed. H
The people, however, are indebted to thi
committee for certain candid admissions, an,
new views OF the law, which are worthy Of ex
animation aud reflection: p
DscoursgIpg enlistments and melting dlsobedence
the draft neither capital nor infamous crimes
There statute making them crimes OF any degree
and, therefore, they were mot the subjects Of present
msnt or Indictment by Grand Jary. Hence, tue per
arrested for these practices were not presented
tadtcted by Grand Jury for the obvious anu very sa
isactory reason that there was no statute autho zin
IN-P. 3s ,.. ....
| Nor were any Of them charged with "capitar' Q
otherwile ihfamous crime" a1d hence they we're nc
| SHIELD to answer" for either. They were not held
answer for any crime commltsd at all. but were temp
rdfSv restrained, In order to preyent them fro.n
citing and encouraging others to the commission Of
great wrong, or the omission Of q loyal duy-P.4.
Hence they we're not held to answer for any capital
otherwise Infamous crime; and, therefore, the fft
amendment OF the Constitution was not violated
their imprisonment.-Ib. ..t -.Ns
Behold the power of words! Men are seize
and shut up for months In prisons, but no prin
ciple is violated, because being charged wit
nothng-bslng innooent--none Of the progis
ions which humanity has devised 70
the protection even Of the guilty appl,
TO their case. The Constitution doe
not permit the exercise Of arbitrary power eve
the criminal; but the citizen, not being Grim
inal, is left exposed and defenseless against 1t
will. A man may not be imprisoned as penal
without trial; he may not bs holden 10 ansiot
without sworn charge showing probable gull
In these cases the law will interfere to proven
hardship. But If the man 10 neither guilty no
charged with guilt, God help him! Tsmporaril
Sestrained, he breathes for months, ,or years, Ii
atmosphereof Of q loathsome prison, and no bsbsa
corpus will lie in his case, no principle of th
Consultation embody itself and knock at the doc
Of his cell, bidding him come forth to air an
liberty. =: o -.s.,sls-ss1.s..s
These are the principles of public Justice or
der which We live, as officially set forth by fou
gentlemen, doubtless all Of the legal profession
a. Al