The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-07-15
TERMS,--SI.5O

cause ,-WhuCut lbe accusation or SuSpciOn OF
crime. 1t seems TO Us, moreover, too plain
for argument, that the sacred right Of trial
by jury, ard in Courts where the law Of the
land is the RUE of decision, is right which
is never dormant, never suspended, IN peace
I iul and loyal communities and States. Will
/ you, Mr. President, nIain, that because
the wit OF ha5eGs corpus may be in suspense,
! you cen substitute soldiers and bayOnets for
/ the peaceful operation Of laws, military com
missions and lrquisitorial modes oil trial for
the C,rr.s and juIisS prescribed by the Con-
stitutiou itself? And II you can not main
/ tain this, then let Us ask where is the justi.
tication fer this monstrous proceeding IN the
case OF a citizen Of Ohio to which We have
called your attention? We know that a
iecTeant Judge. whose name has all eady de-
scended TO merited ton empt, found the apol-
ogy on the outside of the supreme and fun
damenial law Of the Constitution. But this
is not the foundation on which your super
structure of power is built. We have mem
toned the act OF the last Congress protesting
| to authorize suspension OF the writ OF ha-
beas corpus. This act now demands your
special attention, because, il we are not
greatly IN errcr, it's terms and plain intention
are directly opposed to all the arguments
and conclusions OF your communication
That act, besides providing that the haJIas
corpus may be su, pended, expressly COM
mands that the names OF all ersOns there
to'ore or therea ter arrested by authority OF
the President, or his cabinet II inisters being
citizens Of States in Wlich Tie administration
Of the latOS has continued ttnimp aired, shall be
returned to the courts OF the United States
Er thu districts in which such persons reside,
or in which their supposed otfenses were
committed ; and such retuln being made, il
thu next grand jury attending the courts
dos not indlte the alleged offenders, then
the judges are commanded to issue an order
for their Immediate discharge from Imprson-
lnent Now, We can not help asking wheth-
er you have overlooked this law, which most
assuredli you are bound TO observe, or
whether it bc your in ention to disregard 1t?
lis mt aEir g certainly can not lie mistaken.
By it the National Legis allure has said that
the President may suspend the accustomed
has commanded that all arrests under his
authority shall be promptly made known to
the courts Of jus ice, aud that the accused
parties shall be lLera ed, unless presented
by grand jury according to the Constitu
ton, and tried by a jury in the ancient and
accustomed mode. 1 he President may pos
sibly, SO far as Congress can give the right,
arrest without legal cause or warrant. We
certainly deny that Congress can con Ter this
tight, because it is forbidden by the higher
law Of the Constitution. But, waving that
consideration, this statute, by its very terms,
pronp pity removes the preceding i'll every
case. INTO the courts v here the safeguards of
liberty are observed, and where the persons
detained are to be discharged unless indict>
ed or CT minal off nses against the establish
ed and ascertained laws OF the country.
Upon what foundation, then, permit us to
ask, do you rest the pretension, that men
WHO are not accused of crime may be seized
and imprisoned or banished at the will and
pleasure OF the PIesiden or any Of his sub.
ordinates in civil and military posltons?-
Where is the warrant for invading the free
dom Of speech and OF the press? Where
the justification for placing the citizen on
trial withtu ut the presentment Of the Grand
Jury and before Military Cummssions?-
There is no power in this country which can
dispense with its laws. The President is as
much bound by them as tie humbest indi-
vidual. We pray you TO bear in mind, in
order that you may duly estimate the feeling
of the people on this subject, that for the
crime of dispensing with the laws and stat
utes OF Great Britain, our ances tors brought
one monarch to tie scafold and expelled
ano, o,her from bis throne.
This power which you have erected in
theory is OF vast and ilmitahe proport ions.
Ii we may trust you to exercise it merciiully
and lenently, your successor, whether i'm
mediate or remote nay WELD it with the
energy OF Caesar Or Napoleon, and with the
will OF despot and tyrant. 1t is power
wit b0ut boundary or limit, because it pros Z
ceeds upon total suspension of all the con-
stitutional ard legal safeguards which protect
the rights Of the cilizen. 1t is power not Z
inaptly described IN tie language OF one OF
your Secretaries, Said Mr.. Seward to the
BRITISH Minister in Washington g. can
touch bell on my right hand ard order the
arrest OF citizen OF Ohio. can touch The
bell again and order the imprisonment of a
citizen of New York, and no power ON earth
but that of the President an release them.
Car the Queen OF England, in her dominions,
do as much?' This is the very language Of
a perfect despotism, and we learn from you
with profound emotion that this is no IDLE
boast. 1t is despotism unlimited in pllnci-
pie, because the same arbitrary and unre.
strained vi or discretion which can place
men u! der illegal restraint or Danish them
can apply the rack or tie thumb screw, can
put to torture or TO death. Nos thus have
the people Of this country hitherto under
stood their Constitution. No argument can
commend to their judgment such nerpreta-
tons OF the great charter Of their liberties.
Quick as the lghtnng's flash, the intuitive
sense oil ireemen perceives the sophlstry and
rel ects the conclusion.
Some other matters which your ExcellenS
CIV has presented demand our notice.
In justification Of your course as to Mr..
Vallabdigham, you have referred to the al
rest of Judge Hall. at New Orleans, by order
of General jackson; but that case differs
widely from the casa OF Mr., Vallandighsm.
New Orleans was then, as you truly state,
under martial or military law /" This was
not so in Ohio, where Mr. Vallandigham
was arrested. The administration Of the
civil law had not been disturbed in that
Commonwealth. The courts were open, aid
Justice was dispen, ed with it's accustomed
promptitude. In the case Of Judge Hall,
General jackson in few days sent hlmout-
side tie line of his eI campInents and set
him at liberty; but you have undertaken 10
Danish Mr.. Vallandghsin from bis home.
You seem also TO have forgotten that Gen.
jackson submitted implicitly to the judg-
ment. of the court v hich imposed the fine
upon him; that he promptly paid it; that he
erjoined his friends 10 assent. " as be most
freely did, to the decision which had just
been pronounced against him."
More than this you owe, look the fact that
the then Administration lin the language Of
a well known author) "mildly but decidedly
rabnksd the prcceedines OF Gen jackson"