Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-29
--ltf ~ SPEECH OBJ
HON. MILTON SAYLER,
or HAMILTON COUNTY

OF HAMILTON COUNTY,
Delivered In he Ohio House OF Representatipes
January 29h and 30th, on the Right Of Per-
sOnal Liberty Mr.. Drtssrs Revolutions as
TO Arbitrary Arrests being under eOnsidera-
ton, -'"t''''
MR. SAYLER said
Mn. SPEAKER: The wide range which this
debate has assumed, has almost caused US to
lose sight Of the questions properly involved
For prudential reasons Il is perhapa well
enongh that the resolutions of the honorable
member from Franklin (Mr. Dresel) have af-
forded an occasion to certain gentlemen for Civ.
ing vent to smoldorlng campaign speeches, whose
suppressed burning and smoking might else
have produced consequences terrible to con,
template: 1t Ia well enough, too that this
House and "the rest of mankind" have thus
been enlightened by their views OF the object
and purpose Of the war, OF the mode of ite
successful prosecution, OF the great and crying
ain of slavery, Of Its abolition by executive
proclamation, and OF the nature and character
of the coming year of Jubilee. All this, cir,
10 well enough, but none Of oil this 10 involved
In the subject matter properly before the Houge
for discussion. Nor 10 II necessary in this de-
bate TO resort to question: foreign to the reso-
laiions. The issufs directly involved arebrood
enough, embracing, a. they do, the great sb.
solute right Of PERSONAL LIBERTY to the AmeIi.
can people. propose therefore in what shall
cay to conAne my remarks TO the twesIold right
asserted by the President and implicitly denied
by the resolutions, the right, frat, to arrest
without process Of law, and, second, to det,in
without benefit of habeGs corpus, free citjzena
OF the State OF Ohio not connected with the
military service Of the country. In doing tbia
desire to appeal neither to the passions and
prejudices of men nor to their partisan feelings,
but alone to their sober judgment in the light
OF history and of the hitherto uniform interpre.
tation of our constitutional Law.
| lt appears, in the course of this discussion,
as matter Of fact admitted upon all hands,
that eleven free citizens of the State of Ohio not
connected with "the land or naval forces, or in
the militia In actual SERVICE" have been "seiz,
ed " without " warrant" "held" without npra-
sentiment or indictment" aud denied "the right
to speedy and public trial by an impartial iary
OF the State;" and that they have not been iin-
formed Of the nature and cause Of the accusa-
tion," nor confronted with the witnesses
against them" And il further appears that
three of the eleven have been "transpor ted out
OF the State" for supposed "offense committed
within tho same" and Imprisoned elsewhere.
These extraordinary proceedings, 60 contrary
to ell our pFeconceived ideas of the rights of
the citizen and 30 utterly ut variance with all
previous practice in this country, are founded
upon supposed power. resident in tie Chief
Executive Of the nation, power which the pres
ent incumbent Of that Office himself distinctly
claims, and which 10 now asserted and defend
ed, aud the exercise of which is justified by he
Republican leaders upon the floor of this House.
| In his message of July 4, 1861, the President
of the United States claims for himself and for
those whom he may see fit to invest with
the same authority, the right, according to his
discretion to suspend the privilege OF the writ
| OF bGbeds corpus, or, in other words, TO arrest
and detsin, without resort to the ord narv pro.
cesseH and forms of law, such individuals as he
might deem dangerous to the public safety -
This power he had previously exercised, and
this power he continued to exercise to com q ex
tent, though ii did not fnd its complete and e .
nal assertion until the issue OF the proclama-
tion of September "a, 1862. This most remark
able Executive Document orders:
FIRST. That during the existing nsurrec,,on and =.
necessary measure for suppTeSsng the same ali
anu sulsents tner slaers and aoettors within the Uni
ted sates and all persons discouTagng volunteer enlist
ments. resisting militia drafts or guilty. Of anv dsIo,
practice or ohering aid and comfort to The rebes
ao aunorV 0, ,ne united stateS, shall be subject tc
Martial Law and liable to trial and h
martial or Military Commission. - Sou''
hEcoND' That the writ OF Rdbeas Oo,,qls Ia
ed In respect to all persons arrested or who are now
hereafter during the rebellion, shall be imnrisonsi ~
any Fort, Camp, Arsenal, Military pri,oni ~ otsa,
place OF confinement, by any military authoritv ~ Nv
the sentence OF any Court Martial or Military 0ommS
sion - -. oOiHni'
This proclamation and the orders of the Sec
retary OF War promulgated two days thereaf-
ter, to carry out its purposes, providing for the
appointment of Provost Marshal General
whose headquarters shall be at Washington
and OF Special Provost Marshals for each State
and defining their duties, not only suspend the
privilege OF the writ OF Habeas Corpus, buI
trample upon tho provisions OF our State Con-
stitutions, annul the laws of the States, create
and define new and hitherto unknown offenaes
dispense with the forms and processes of the
Judiciary, erect in their stead military commits.
sions appointed and paid by the President
clothed with power to arrest and imprison or
otherwise punish at their discretion the citizen
for such acts committed or omitted, as the Cbiei
Executive may be pleased to call offsnses, es-
tablish system OF espionage throughout the
United States, and thus place every citizen un
der the immediate military command and con
troll of the President, and the liberties of ever,
citizen, without the possibility of judicial in
vestigation, at the mercy of IRRESPONSIBLE
fagents, who may be instigated by politica
prejudice, personal malignity, or by the mer,
wantonness of unusual and arbitrary power, Il
take them away.
This unsurpassed body Of tyranny may seen
harmless or trifing to those who enforce il ant
to their friends and supporters but not 30, cir,
those who are or may be its victims. Nor is i
satisfactory that We have been assured by tht
apologists of arbitrary powerupon this floor tina
the arrests have ceased, the occasion tor then
having passed away. | could wish for th.
honor of my country that they had ceased, bu
the facts are otherwise. And even If they had
il is not this or that particular application O.
power of which free people shou d be Jealous
but the existence of the power itself ana tn,
uses of which 1t is susceptible. The proclams
sion to-day stands unrevoked, the orders unde
which its provisions arc to be effected stand un
cancelled, and thus this assumed authority Of
the part of the President with the means o
carrying it into execution, hangs tc day over tn
heads Of the heretofore free citizens Of th
State Of Ohio and of the other States of th
Union. .-aia ass 5t., $4,000. 3ls
Certainly 90 extraordinary power, 0yer-ridin
as 1t does all the liberties hitherto guarantee
to the citizen, must have some frm basis, an
J could not have been assumed by the Pfesiden
except for very grave reasons, and upon Of
auranre made doubly sure that he was ehtitle
to Its exercise. He shall speak for hlmsel
In his message, referred to before, to the extr
"a ,aion of ConnPeaa. he thua annnnnn naa hia ras