Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-01-08

Washington to Lafayette prior to its
adoption, "that it provides with checks
and barriers against the introduction of
tyranny, and those Of a nature less like.
ly to Nc surmounted, than any govern.
ment heretofore instituted among NOR.
tails"
This Constitution in the 9Th 4. .iclo,
expressly forbids the arbitrary airost and
Imprisonment of the citizen. Washing
ton thought that in the original Consti-
tuition, "moro checks and barriers against
the introduction Of tyranny were to be
found, than in any government heretofore
instituted among mortals." But our
fathers were not satisfied with the protcc.
ton against tyranny and arbitrary arrests
to be found in the original Constitution.
So fearful were they that under some
great c'aergcncy, this sacred chart Of our
lijortes might be abused under the plea
Of "nccesSiiy," that almost Immediately
after its adoption, they proposed, and the
States ratified several amendments, al!
designed to still further prevent executive
cncroachmcnts, and protect the rights
and liberties Of the citizen"
The first of these amen lmcnts provides
that "Congrcss shall make no law abridg-
ing the freedom Of speech, or the press"
The fourth amendment says "The
rights Of the people to bo secure in their
persons, houses, papers and effects against
unwarrantable searches and seizures, shall
not be violated, and no warrant shall is
sue but upon probable cause, supported
by oath or affirmation, and particularly
describing the place to be searched, and
and the person and things to be seized. ="
The fifth amendment says: "No per-
son shall be held to answer for capital.
or otherwise infamous crime, unless on
|presentmcnt or Indictment Of q Grand
jury, except in cases arising in Land or
Naval forces, or in militia, when in actu
al service in time Of war o. public dan
ger nor shall any person be subject for
the same offence to be twice put in ieop.
ardy Of life or limb, nor shall be com
PEELED to be witness against himself.
nor be dcPriced Of life, HJeyty, Of rpropeyiy,
wthoat due process of lar; nor shall pri
vafo property be taken for public use
""uo"' J"SC CON- 'peiS"tioh'
/ hc siXth amendment says "ln all
criminal prosecutions the accused shall
enjoy the righS Of speedy and public
trial, by an impartial jury OF the State
and district wherein the crime shall haze
been committed, which district shall have
been previously ascertained by law, and
to be informed of the. nature and cause oI
the accusation to be confronted with the
witnesses against him; to have compul
sorry process for obtaining witnesses in
his favor, and to have the assistance OF
counsel Tor mis- defense"
The eighth amendment says "Excos
sivo bail shall not be required, nor exces-
Sive iines imposed nor cruel and unusu-
al punishment inflicted"
All these amendments were added to
tho Constitution, as originally adopted,
IN o der that there might bo no room for
misconstruction. They are express and
positive in their terms ; and designed as
so many additional barriers against either
legislative or executive cncroachments,
! ihey have never been repealed, nor can
hoy be repealed or set aside, except by
he power which created the government
itself.
Such are some Of the safeguards thrown
around the citizen, by that Constitution
which was devised by the wisdom of our
fathers. lhey arc all IN full force to-day,
they are as much binding on the Presi
dent Of the United States, and the Gov
ernor OF ONO, as upon the humblest cit
lzen-nay, more, they ought to be doubly
binding upon Abraham Lincoln and Da-
VI" lod, Tor they arc bound by their oaths
To support and maintain tins sacred IN
strument.
HOW have these high func'ionarie,
N'Pt 'helr sacred oaths
nave tnoy maintained the freedom OF
SpeGch ana t"e press
llaVe ihey 'hcld lhVioIa'e the r'ght OF
tno people 10 oo secure III their persons
HOUSES anu clcc'S against uh"all"h'ao'o
Senrches ana seizures ~
nave tney deprived no person OF ilber'
~ without uue process OF law
nave they gwen All persons whom
'"cy nave nave caused TO DC arrested "a speedy
anu P"olic 'f'a' ny an ,mPar'lai Jury Z
nave '"'y ''""Spoit'" no person Whom
they nave caused to be arrested "out o
.ho "'"'o anu !i u.S.i'o' ISL, "ner''h 'ho ohohSe
was committed
li%Ve 'hey informed all persons whom
'"eS nave o""Soo 20 DC arrested 'o' inc