Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-09-17
what Is a vital right

"lf by the mere force OF numbers, major
ity should deprive a minority Of any clearly
written Constitutional right it might in a
moral point Of view Justify a revoluuon-it
certainly would if such right were vital one "
President Lincohs Inaugural
This is a pretty good item in bill Of rights
or in the creed Of any party struggling to
maHfain privileges always enjoyed We do
not quote t to cayil at it, albeit its author is
one not in very high favor with democrats
But so many of this distinguished statesman s
@ sayings read so oddly after brief period
has elapsed since their utterance that it is
beneficial to review them again that we may
mark somewhat the rate at which changes are
going on, il for no other purpose
Chietest of all, the quotation given above
suggests the query What is a Vitai right p
We had supposed that all political rights were
enjoyed, not by sutferance certainly, but upon
far higher grounds. Admitting however that
there is difference it certainly behooves us
in this solemn period of our history as ma
ton to inform ourselves upon the greater and
the lesser rights We enjoy and ascertain if
possible which are Uital and which not, since
so monentous a proceeding as revolution
hangs upon the decision
Is freedom Of the press a vital right2 1t
cannot be, or certainly the distinguished au-
thor of our text would not have ventured to
deny papers the right Of transmission through
the mails, and to prevent their issue by mill
tAry power.
Is free speech vital rght2 Certainly not,
since public speakers have been arrested from
one end of the land to the other for canvass
ing the measures of tie majority in power,
and bauished for differing with them as to the
means most likely to promote the public good
Is the right of exemption from arrest
without due process of law vital right?
No, for otherwise it could not have been SC
frequently violated by one who so clearly sees
the Justification such outrage would give tC
violation.
Is the power to force 4 trial on the part Of
prisoner, or to show 10y what authority he i,
held ia durance and what the charges ART
against him-is this vital right? Not at all
haJeas corpus has been demolished with
facility which puts to shame the mighty ef
forts made by those in its favor who wer,
fools enough 10 consider it of importance.
Is the right Of the people to choose an,
hays officers for the Administration of thei
laws according to their own wishes a vita
right ? Again we must answer in the mega
tive, because if it were, there would be NJ
military Governors appointed for States il
which there are no military operations goinl
on; nor would they be permitted to ride a
viii over the civil authorities in direct viola
ton of the Constitution
Finally, is the right of free eleotion-eleC
tion uninterfered with by the hand of powe
"a vital right2 We thought so until De
aware and Missouri showed us the contrary
We even cherished the delusion still, untl
martial law was proclaimed in Kentucky 70
the first time, not when her borders wer
oyerrun with public enemy, bat Just the da
before the people were to exercise the mos
sacred right Of freemen This convinced u
we were mistaken, for surely it is impossibl
that so pure patriot % SO conscientious
public officer % as President LINCOLN woul
deprive the people Of it were it really SO
Well tben-what is a vital right2 We as
agniu All the above have been violated ov,
and over again; some are now being dali
violated some have again been conceded
the people for time out of either courtesy {
policy, we cannot say which certainly NJ
because they are "vital" since no condemn
ton has been heard of their violation, nor he
the majority in power in any way coufesst
that il was wrong to violate them or promise
tha, il shall not be done again. 1t is impo
sible that our worthy President could be gull
of crowding this people into revolution, ther
fore we are forced to conclude that none
the above are pitat rights. CONSTITUTIONS
they certainly are; "eearly- ly-wri,ten" they ar
Zoe, as that sacred instrument itself; deprive
of them the people certainly have been by Il
majority in power; HgiiaF' they cannot ha'
been considered, by the great head OF tn
majority .tNl
We hope to ascertain some day what "a pit
right is We confess we have not yet III
importance Of an increase of knowledge
one can exaggerRte because upon it ham
the exercise Of that last great sacred, drea
ful right Of a people, the existence of whit
it will be noted, is admitted in The paragraE
We have quoted. The right of revelation
when our pftat rights have been outraged the
must we exercise this right May we new
proceed 10 its exercise without due reheetio
May God grant there may never be oceasi'
for its exercise.