M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-05-07

usi'ce. | have no doubt you will do
this lEiihiuhy and impartislly.
There is ole other subIect, gentle
mon OF The jury, to which it is my
bonnden daty to draw your serious
aua cMenl attention By tho proper
parcrs on tile in this Court, | am nd,
vised yon will have before you, ijr
vour examination, q case OF alleged
kidnapping II Il cits,n oF;his State,
nnd incarerating him in n military
tori in ;he State OF New York. j
you shall find this to b. the fact, your
duty in the preInses will be very clrar
and imperative: to find Indictments
against every Individual who has
b.en gHilty Of the act. Such act, in
my opinion. is in violation OF the
Constitution OF the United States, Of
the Constitution OF the State of Ohio,
and nf an express law Of this common
wealth. The law for the punish
mont oi this crime was passed on the
l0th day Of June. 1885, and you will
tiul it on pages 4l7 AMI AIS q the
1at volume Of Swan and Criscbf,ld's :
Statutes. The act contains but II
single section and ia in these words:
"Src. !. Bsnsaae'cd by tic Genera! As
ssubly Of III; Sta'e of OhiO, That any person
OF persons who shalt kidnlp. or furcioIy or
irduIulentIy carry Off or drcOy out Of thi'
State any white peisOn Or persons or shll
arrest and lmprson any white person o.
persons, with an intention OF having suCi
peison or persons carried out Of the Site
unless it be in pursuance of The laws ,herpof
q id shall b. thereof convicted b. indct
Insnl il the CD'It Of Common p eAs Of an,
county oi this Sale. shall ne dee ned gui I,
Oia misdem amor; and shall be conIiuel IN TN
Penitn.iary, at h,rl labor, for any spac' q
lime not less than three nor more lh,l
seven yrsrs at the di,c elton Of thcClmt
end shall NOR over be liable for The cost
Oi prosecutIcn.'
Thv law WAS passed. prior to III,
adoption "l onr present State cOnsti
tuition; but 80 deeply impressed Scr
the many able men of the convention
who framed that constitution, wit
the Importance OF this question, tina
they spccislly incorporated it in tn
Bill OF Rights which you will find il
the 18th section ofthat department o
the Constitution. As follows:
IN -.
the SlBie. for snv otTanse commi ted with
III the same and nO conviction shall wur
corruption OF biooI of ioIfriu 2 of estate
There is no crime of more magni
tnde khOwn to the law, or one d.sery
ing II more rigid examination. thai
this, with the exception Of treason an,
murder. The right Of personal llbvr
~ and unrestiaincd locomotion, un
less when forfeited by crime, is cno o
the deares! and most cherished right,
guaranteed tn the citizen by writer
laws AMI constitutions; and is, indeed
the great and primary Object Of gov
crnment Itself. Because there is {
clear and well recognized mutuai obi
cation existing between the c'tzal
and the government under which h,
lives. Every man, when he submit,
70 become HI integral portion Of til,
legal civil organization, surrenders {
part Of that inherent natural Ebert,
which ID snbjcctto to no limitation bu'
Ench IS is i>upasld bv the Divine Law
giycr. In return for This submission
and as a compensation Tor the surrcn
der OF this natural right, society, OF
men organized into government. en-
gage to secure anl protect him in the
tnll enjoyment Of Life, Liberty. anl
Property, and al! other rights Incl
dent to these three great cardinal priv,
ileges. The result Of this compact i.
that tho law, Is a system Of rules and
regulations imposed by tho party par
amount, willie it diIninishes the natu
raj, increases the civil liberty of man,
kiud. Civil liberty, then, which
springs froW this voluntary associa
ton OF men under these fixed rules
for their Common restraint. is no 9th
or than natural liberty. g. far modi
fled and restrained by human laws, a.
is necessary for the benefit and secu.
rity Of the whole. This right of per
0onal liberty, resultin,! from the laws
OF the social organization, although it
ia an nnloubted AMI legitimate right
in behaI! 0t each member Of the civil
polity. has been the cause Of more
fierce conflict in the halls of leyisla
tion and NJ on the battle field, between
the partizans Of popular privilege on
the one aide unl OF executive power
OIL the o'her, than almp,t any other
question which has divided the opin.
ion OF mankind, in tho history OF the
past, since the middle ages. This
great struggle has heen two-fold :
First, as to the recognition Of the righl
itself; and, second, as to the manner
and process by which rhe citizen
should be deprived OF bis liberty, as a
forfeiture for crime Committed, Or
charged TO have been committed.
against the State. From the time OF
the Great Charter wrung from the