Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-07-09

tivcs base all these do not furnish a suffi
cient reason why he should be prohibited
from uttering his views on agreat public
question"
Why, even the New York 7riJune has
said that "our Federal and State constitu-
tions do not recognize perverse opinions,
nor unpatriotic speeches as grounds Of in
Fiction" We must to be faithful citizens
take the dross with the gold, in the current
discussions of the day. Better let the lit.
tie speck of license remain upon the eye,
than put out the orbs Of public inteli.
gence, and live in sightless and despotic
gloom. The people of this land cannot
change their nature nor their education.
Much as they may deprecatc bad senti-
ments, they prefer to see them flash like
powder innocuously above ground, than
to pent up to explode with fearful ruin and
combustion. How can the laggard au-
officials be lashcd into discretion-espe.
cially in times Of war, when power tends
to play fantastic tricks and aggrandize
its importance and function except by
bold discussion. In the Cabinet, in the
public assemblage, in the court, in the
Legislature, among all parties-every-
where Reason should be allowed free
combat with Error If Error strikes foul
the public will know how to award the
prize.
1t is in the spirit have indicated of
decorous and discreet moderation, that
propose to discuss the question, upper
most in your mind, connected with the ar
rest of Mr. Vallandigham. 1t is unnec-
cssary for me to denounce his arrest as il
legal. | come not to stimulate passion.
| ask you to prnctice the courage of en-
durance, to the end that we may more
speedily have a remedy. In 1864, if no.
sooner, the people will vindicate them
selves. No amount of temporary re-
stra;nt will prevent their occasion AS a
matter of philosophy, and not as def.
ance, | state what you know, that Demo
cratic, thought is epressibly outspoken
and that for every Democrat restrained, a
hundred will leap to his place and court
the honors of persecution.
The question involved in Mr.. Vallan-
digham's arrest does not concern him
alone. If it is breach of law it in
wolves the fate Of each and all His ar
rest is a breach Of tie Constitution
State and federal-which provides for
the security of the people. ''in their per-
sons, houses, papers and effects which
forbids that any one should be held to an
swer for any crime except by indictment; !;
which protects life, liberty, and prop
| orI, hv tln nf 10 nl l. ia
declares for free speech without abridge-
ment This view is conclusive, but the
state Of civil war enIarges the discussion
The question in that view is: Can q
citizen, not connected with the army OF
the United States, remote from the
scene of its operations and in Ohio, where
all the laws Of the land are yet enforced
by constitutional means-be subjected to
military arrest; aud imprisonment and
trial before military commission and
punishment at its discretion either for
otlenses unknown to the law, or, if known
for which the law has provided mode
of trial and penalty In other words
In this time of great peril, has the FEEDER
al Legislature, after two years of war,
failed to provide for all Of its emergen-
cies ? and, if it has failed, can the ex-
ecutive act instantly and beyond the lin
its of the law, at his discretion? In pur.
suing these questions, | hold,
l. That Congress has provided for
the oilense alleged against Mr.. Vallan-
digham. In the specifications he is
charged with various expressions, call of
which opinions and sentiments he well
knew did aid, comfort and encourage those
in arms against tie Government, and co d
but induce in his hearers a distrust of
their own Government, sympathy for
those in arms against it, and a dcspotism
to resist the laws Of the land"
In the laws passed by the last Con-
gross, such an oflense is made punishable.
By an act approved July II, 1862, to
"Suppress insurrection," &C., U. s.
Statutes, page $50, known as the confs-
cation act, it is provided Sec. 3 that if
any person "shall give aid or comfort to
the rebellion or insurrection and be con-
vic;ed thereof each person shall be pun
ishod' by fine and imprisonment and dis
qualification for office. In the 1lth Sec
tion, the Courts OF the United States are
given "full power" to institute all pro-
ceedings under the law.
! This would be sufficient as to the crime
as alleged and the tribunal to try it; bu
Congress did not stop there. BY an ac
approved March Sd, 1868, known as tn,
act relating to the ha6eaS corpus { U. s
Statutes, page 755, &c.,) from which
now read, the president is authorized to
suspend the writ of Aa5eaS corpus, "in
any case throughout the United States,
or any part of it." Whenever and wher-
ever the writ is suspended, no military o!
other officer is bound to answer the writ
, by the production of the body but the
, Judge shall, on notice that the prisoner il
held under the Presidents order, suspend
, all proceedings under the haJeaS corpus
By the same law the departments Of Stat
| and of War are to furnish to the judge
t Of tho districts, the names of politica
5 prisoners who were arrested therein, 70
: civil trial.
| If the accused are not indicted, the judg
5 is to order discharge and the custodian
, is to execute the order. In case the de
$ partments fail to send such list to tn
judges, any citizen may do it and Obtain
} the discharge Of the prisoner.
These laws are in force. They wer