Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-31

" Ia
pledged their lives, their fortunes, and their
8 sacred honor" The great God had given enc
cess to their efforts, and now they were to form
On instrument that should perpetuate this FREQ.
aom TO the latest generations of men. The
instrument is worthy of the framers, and
Dreathes their spirit throughout. In nothing
10 this spirit moro manifest than In the
careful manner In which they restrict aud guard
executive power. They had learned by expe-
flence to be jealous Of this department Of
government; they knew its tendency TO usurpa-
tion; and so far from extending it's power, con-
nned 10 within narrow limita. In tho words OF
Chief Justice Taney, "they carefully withheld
from it many ol the powers belonging to the
executive branch OF the Eurlish Govern ment.
which were considered as dangerous TO the liberty
of the suGject--And conferred land that in clear
and specific terms) those powers only which
were deemed essential to secure the suecessful
operation OF the Government" They limit
the PresidenPs term Of Office TO four years. and
make him personally responsible for HE conduct
by providing for his impeachment In oase of
malteasance. He Ia indeed, "commander.io.
chief OF the army and navy of the United
States, and OF the militia Of the several Statee.
when called into the actual service of the
United Ssatos," but Congress alone has power
70 make the necessary appropriations for the
support oil said army and navy. The militia of
the several States, when 10 the actual seryice
VI 'ne onitca otAtes' are indeed under his COM
.a'n"s ~. no appo'n'meht oil the ofhcers 10
oeotFeu W 'ne o'ateS, as asecurity against the
use OF the military power, for purposes danger.
Qua to the liberties OF the people or the rishta
OF the states." His civil powers are as care
iulIy restricted ss his military, 30 that he can
a no' appoine omcera nor make treaties, without
no uvnsohs VI one OF Doth branches of the
re 60, '. uopa' lew Drief line5 OF
.uo oohs'i'us'oh explicitly ennmerate all his
DOWtr5 and prescribe all his duties
| But the Constitution of ths To;toa st
Qoee further than thia In tbo ot Ssa'es
securty of the personal liberty Of tbe ci,i1sO a"
lt imposes other restrictions Don ths oovern-
ment, and asserts other rigbts for tho eslir
among which are the followinS. 'A' p0'P'o'
Congressi shall make No ,,w..,,e,
ment Of religion or prohibiting the free ga gsaTsn
oil or abdsing the freedom OF speech or Of tRe prsss
osIon sbs .. ne people peaceaoy to assembe and 10
tArt 1, ,Amendments,1 'euieSS OF grleVanoe'-l
A we'll regulated militia ha,o, ,..o
Ct free State the right OF the peon,s ~ ne seGI
"'A''' 0na' not DO iniringed (Art. III, Amendments
The right oil the people to be secure In their
houses papers, and eects against
and aezurei shall not be violated; and M warrsnts
shall ssue but upon probable cause Supported bv oab
or Affirmation, and particularly de,cribing The %
ne Searched, and the persons things 10 he s.zsd
art lV, Amendments
What oro rorrroaso,,ki.
,, haS a,o uur easohaDie searches and aeizures2
bers of ina baav tho, sinu so,u W grave mem
reasouable when the no,son .";. 70 Vh'y .nus un-
pniltv of crime Tha in,as." mas not peen
rect and fsIla short of ,ha .'N'loh Is ihcor-
| A selznre Ia nnreasonshia ,"sns VI INC Clause
ont ,payyant isNnsd unon haSie @ et maue ~Ih'
ed nv oath. and descrihi, :, 81. oauoo' support
NJ -. - 'A0 pefson'
T~s oS nea 70 answer for capital or
dictmont of grand jury, "p'e''ntment n. Orin,
deprived Of fe liberty or property without due prCce,s
:" h".-'A"' " Amendments')
Due process of law" need not sav. ia in
diclal process-the process of the courts and ofi.
| Gers connected with them. IL follows. lhero-
fore, that the President the United States h s0
| no power 10 arrest any citizen, not connec,sS
with the military service With vha,o,,nn
against the United States he NAV he cbarosJ
and whatever evidence there may bs of his
guilt; and much more, that he has no poEer
to authorize any other officer, whether civil or
military, 10 make such arrest.
In all criminal prosecutions. tho scc,..,
the right to speedy and public trial by an imnspi
snS ol e s,o OF aSIret wherein the crime shall have
ousv asceraiped bS IawS an% ~ S nave been repi
cause Of the accusaon to be SontraOt.a He ma
the witnesses against him; to have compulsory process.
distance Of eounse o hin \. ana to have the
ments.J " D' 'e''i''e'-'Art' W. Amend
Wherefo,e !, so,,ow. ,,.t
priyilege of the writ of hohaa. 60, ''ousu 'ho