The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1863-04-17

ais, sll aud equally, are comprebeuded
in the supreme law Of the land, and our
loyalty Is due to that law, to the whole
and every part of IL, and public officers
are in the same sense aud for the same
reason bound to obey every jot and tit.
tle' Of 1t. , Great applause.
THE CONSTITUTION PERMITS FREE DISCUS.
y 2N $3.50 SION.
These positions are very plain and fa.
milliar truths; too familiar, perhaps,
you will say, to be treated But in these
days nothing that is true is too funda-
mental or too plain to be inculcated.-
The extrayagant. language and ideas
that are current in the mouths of even
sensible people on hissubject of loyalty
would have exceeded all capacity Of be-
lief in any other period than this. II
one were to undertake to reduce this
language and these ideas to something
like definite moral proposition, it would
be found that the doctrine is something
like this I: In time of war, when there
are great public dangers, the rights o.
the States and of individuals must give
way; and If those who administer the
Government are satisfied that public ne
cessity requires them to use powers that
transcend the limits of the Constitution
he who does not acquiesce 10 theirjndg
ment, or who questions their authority
to do particular acts, is "disloyal" cit
izen. Laughter. This statement O
the doctrine is the best that | know how
to make; for l know not how else tc
interpret or so apply the denunciation,
which we fnd in the proceedings Of pub
lie meetings, in the columns of party
newspapers, and in the common speecf
and action of very many persons.
need only point to the utter prohibition
that is attempted to be placed upoa al
discussion of any plan for bringing thi
dreadful civil war to close excepting
by the particular method Of lighting; o.
to the manner in which the terms "trai
tor" and "Secessionist" are hurled a
all who question the policy and lawful
ness of the methods pursued by the Gov
ernment in the prosecution of the war
For myself, 1 do not profess to have
definite opinion, US yet, concerning sew
eral of the modes in which peace might
safely be sought. But know not what
right | have, legally or morally, to say
tha: my neighbor shall not discuss sucf
question, or shall not act upon it al
the polls, or shall be denounced as "dis.
loyal" because his opinions on these sub
jects differ from mine. 1t is to me very
plain that this whole effort of domi
uant party to control opinion by sucf
means, can, under such institutions a,
ours, lead to but one of two results-tht
establishment of despotism of a very
bad kind, or the overthrow of the polit
ical power Of those who resort to such
methods. Either the institutions of the
country will perish, or the party which
undertakes to repress all freedom of dis
cusSion will perish. Cheers. l hope
we shall make up our minds to destroy
the party and save the institutions -
[Great applause. 1--WE will do it'll But
of this hereafter.
Let me return to this new doctrine Of
"loyalty," which requires us to acquiesce
in silence in the judgment Of public ser.
wants as to what the public necessity re.
quires, even to the extent Of overlooking
great infractions Of the Constitution -
This doctrine entirely ignores the pur.
pose for which the Constitution imposed
certain stringent limitations on the pow.
ers of the National Government. In
order to explain this, it will be necessary
to descend from general reasoning to
particular illustration.
RESERVED RIGHTS OF STATES AND PEOPLE.
The Constitution, after comforting Ger.
tain well defined political powers apon
the Federal Government, declares that
all other political powers are reserved
to-the States or the people,: and it fur
ther secures to every citizen certain in
alienable rights Of person and property,
which it recognizes as inherent in the
citizen forever, beyond all possible con.
troll Of that Government. Now, does
any one suppose thatihis was done with
out serious purpoSeY Does any man
imagine that it was done for what is vul>
carly called "Buncombe?" Do you be.
ieve that it was done with mental reser.
vation of the doctrine Of public necessi.
ty standing behind the Constitution,
aud ready to strike it down from its su.
preme control over us and our affairsP-
Let me suggest to you, my felow.citi.
zeps, that you can not study the Consti.
tntion aud the purposes Of the great
generation who made it, without seeing
that the very object Of all this careful
provision for rights that were placed be.
yond the reach Of the Central Govern
ment was to exclude forever this doc
trine of public necessity as measure Of
the powers that were conferred upon that
Government. GCheers. | use this Ian
guage deliberately. | affirm that when
the Constitution repeated the words Of
Magma ChartG, not as statute, but as
a fixed nroVision of fundamental law.