Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-07

1
Ma. OLDs said:
Mn, SPEAKER: The subject now under dis
cussion before this House Ia cne of vast I'm
portance. Never since the organization Of our
State Government has q question 80 vltally
affecting the interest Of the entire community
come before this or any other legislative body.
! II ia not question of dollars and cents--it 10
not O question of pr0perty-it is something
higher and holler than all these--it is ques-
tion that underlies and overtops these--lt is q
question of the inalienable rights of the citizen
it is q question of liberty upheld and sustain.
ed by the laws and the Constitution.
Sir, this question affects not only the person.
al liberty Of the eleven citizens of Ohio who
have been made to sufRer under the despotism
of those administering our Governme ment-Sate
and Nstional-but It is a question affecting
every citizen of the State-it 10 q question
affecting your liberty, cir, 40 well ss mine-in
short IL Is question affecting alike the repre-
sentative and the represented.
Mr.. Speaker, must confess that have read
history In vain IL lt does not teach us that iu
such times as we are experiencing now, revoiu-
ton follows revolution 80 rapidly, that the
party in power TO-DAY should be careful indeed
what inslrumentalities they use, what appli
auees Of despotism they sustain, what subvers-
Ions Of law they uphold, what constitutional
barrlerS they tear down, what records they make
against themselves; for let them remember
that when their party is CyerthroHn the same
lnstrumentalities may be used against them,
the same appliances Of despotism may be turn.
ed upon them, the same subvsrsions OF law
may be enforced sgalnst them, the same con-
ahtatlonal barriers may be swept away from
their protection, and the records thas they
themselves have made may be used as ptece-
dents for their destruction. Robespierre and
Danton perished upon their own guillotines,
Haman hung upon his own gallows. and the
deepots In this country may yet be made to
languish aud suffer in their own bas.ilea.
Sir, not only are the teachiDgs of history aud
the experience of agea against you, but O more
significant sign Ia to be found In the late elec
tlona: The people have spoken in thunder
tones, "thou art iueShed in the balance and found
'Oantins." warn you, then, Representatives,
to beware what records you make up against
yourselves, "foT the measure gCa mste shall be
measured to you G9ains"
Safety is only to be found 10 preserving all
the constitutional safeguards aud barfiels
thrown around the citizen TO protect him in the
eIefcise Of HE inslienable rights. Crimes
nas. be panishsd-wrongs must be righted in
accordance with the forms Of Law and the guar
antees of The Constitution. II we wish to pre-
servo our lbeities, 10 behooyes us to watch
with Jealous care against the encroachment Of
despotic power in every conceivable form.
"The price Of liberty" Gays Jefferson, "is eter
nal vigilance" Daniel Webster says:
The r,t object Of free people h the preservation OF
their liberty; and liberty Is to be preserved by main
tanlng constitutional restraints and just divisions OF
| political power. All republics, ell govern
ments Of law, must impose numerous limitations and
| An mi
many quaiinsd sights Ia othss gords they must be
| sence Of free political institutions. --'@
Tho spirit Of liberty Is indeed Q bold and fearless
SPIRIT but Is also sharp sighted gpirit It Is eau.
ous, ssgaciouS, discriminating farseeng Intelligence;
Jealous Of encroschmens, jealous Of power, Jealous
Of II demands checks; It seeks for guards It In
ssts upon secures II intrenches itself behind strong
defenSes, and fortifes itself with all pss0e care,
against the assaults Of ambition and passion 1t does
not trust the amable weakness Of human nature, aud
therefore will not permpower to oVorstep s preacrb
ed limits though bensvolencs, good intent and patti
otto purpose come along with It. Neither does II salts
y Itself with tashy and temporary resistance TO Its
authority. Far otherwise. 1t seeks for duration and
permansncy. 1t looks before and afteri and building
upon the experience Of ages that passed. 1t abors
diligently for the benefit Of ages that are to come.
This Is the nature Of constitutional berty and this 10
our liberty II We ishtfuly understand and preserve it,
Mr.. Speaker, In all our inquiries and lnvesti-
cations under these resolutions, we should keep
the great landmarks, as laid down by these en-.
inent statesmen, constantly In view.
As have already remarked, il 10 not IN sre ely
the wrongs inflicted upon the eleven citizans Of
Ohio, referred to in the Governors message,
thst we are called upon to investigate; but it ie
THE; Has the Executive of Ohio, and the Ex
ecutivs of the United States, through these
individuals, made an effort to strike down the
inestimable liberties of the free citizens Of
Ohio7 If so, their case becomes our case, and
their wrongs become the wrongs Of the whole
people of the State.
That eleven citizens of Ohio have been eFbi-
trarily arrested and Imprisoned, is an admitted
fact; that three Of them, in violation Of the
, express provisions Of the Constitution, have
been transported out Of the State, and out o.
the district in which their alleged offenses were
committed, is also an admitted fact, "All thes,
arrests" says the Governor In his annual mes
sage, $50 far as | am advised, were made b,
virtue of ordera from tho War Department
and but two of them on my own recommends
tion."
These men beiDg citizens, and owing eilegi
anco to the State, had the right to claim tn
protection Of the State And the Governor, b.
virtue Of his Office, end by his oath Of Office
was bound to see that they were thus protect
ed, l.- ta. A--. .4
If, as the Governor informs us, these mel
we're arrested upon authority from without tn,
Estate; if, In violation of tho express provision
q of our State laws and State Constitution, thes
! men were transported out of the State, and ou
of the jurisdiction of our State courts, We hsv,
I: tho right to demand the information called fo
!. by these resolutions.
4 The sovereignty Of our State has been invs
9 ded; and we shall be dereict in the discharge Q
0 our duty II We do not maintain heE honor, an
= demand satisfaction for the wrong done th
! State, as wsll as her citizsns.
i The Governor admits that there is no Law
y existence authorizing spoh arrests, and leave
= us to infer that they were made without iaw
4, a d he might have added, in violation Of posi-
tive law standing upon the statute books Of Ohis
= Nay, more, Mr.. Speaker, he might have I'D
ded that these citizens were arrested In viola
v | tion of those sacred and cherished provision
. of both the Constitution of the United State
and the Consultation Of the State of Ohio i.
It may be well, In this investigation, for u
to turn to the great charts Of liberty, and se
what ore the safeguards which in these constitr
tions are thrown around the citizen, to proset
him In his Inalieuable rights. fJ 4,
The Constitution Of the United States, a
originally agreed upon in the convention whic
formed, and as ratified by the States, was NEAR
to protect fully and unmIstakaby the right
Of the citizen; aud to prevent the exercise of O.
arbitrary power upon the part Of the Executiv,
Washington, in writing to Lsfsy ss.s, says Of th
Constitution 90 submitted TO she States: ~
will OF least be recommendation to ths propose