Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-07-16

on are lufthor reported rs having sad
that the constitutional guarantees Of per
sonal liberty have EMO application to the
present case we havp in hand, because the
arrests complained Of were not made for
treason-that is, not Tor ahe treason dc.
fined in the Constitution, and upon the
conviction of which the punishment is
dcath-nor yet were they made to hold
persons to answer for any capital or 9TH
erwise Infamous crime; not were the pro.
edings following in any constitutional
or legal sense criminal prosccutions.'-
The arrests were made totally on differ
ent grounds, aud the proceedings follow.
ing accorded with the grounds Of the ar
rests" etc.
The conclusion to be drawn from this
position of your Excelency is. that where
man is liable to ga criminal prosecu
tion," or is charged with a crime known
to the laws of the land, he is clothed with
all the constitutional guarantees for his
safety and security from wrong and in
JUSTICE but that, where l9 is not liable to
criminal prosecutisay 'tr charged with
any crime known to the laws, if the Pres
ident or any military commander shall
say that lie considers that the public safe
ty requires it, this man may be put out
side Of the pale of the constitutional guar
antees, and arrested without charge Of
crime, imprisoned without knowing what
for, and any length of time, or be tried
before a court-martial and sentenced to
any kind of punishment, unknown TO the
laws of the land, which the President or
the military commander may see proper
to impose. Did the Constitution intend
to throw the shield of its securities around
the man liable 70 be charged with treason
as defined by it, and yet leave the man,
not liable to any such charge, unprotect-
ed by the safeguards of personal liberty
and personal security? Can man no;
in the military or naval service, nor with
in the field of the operations OF the army,
be arrested and imprisoned without any
law of the land to authorize it +? Can q
man thus, in civil life, be punished with
out any law defining the offense and pre-
scribing the punishment If the Presi
dent or court martial may prescribe one
kind of punishment unauthorized by law
why not any other kind ? Banishmen
is an unusual punishment, aud unknown
to cur laws. If the President has the
right to prescribe the punishment of ban
ishment, why not that of death and con
fiscation of property If the Presiden
F, had the right to change the punishment
prescribed by the court-martial from i'm
, prisonment to banishment, why not fror
y Imprisonment to torture upon the racl
>. or execution upon the gbbet ?
If an indelinable kind OF constructiy
n treason is to be introduced and engratte
:. upon the Constitution, unknown to ii
laws of the land, and subject to the wi
"a of the President whenever an insurrectio
!. or invasion shall occur in any part of th
:, vast country, what safety or security wi
be left for the liberties Of the people?
q The constructive treason that gave tn
friends of freedom SO many years of toi
, and trouble in England was inconsidera
= BILE compard to this. The precedent
. which you make will become a part {
~ the Constitution for your successors,
"a sanctioned and acquiesced in by the pee
8 pie now.
a The people of Ohio are willing to &C
:. operate zealously with you in every eflo
IS warranted by the constitution to resto
i the Union of the States, but they cann(
; consent to abandon those fundament
. principles of civil liberty which are G
=, sental to their existence as free peopl
n In their name, we ask that, by rev
,f cation of the order of his baniShmen
"a Mr.. Vallandigham may be restored to Il
a. enjoy ment of those rights of which tho
w believe he has been unconstitutional
,r deprived.
"a We have the honor to be,
10 Respectfully, Yours, ETC.,
n, NJ. BIRCHARD, Chair'n, 18th Dis
y DAVID A. HOUK, Sec'y, Sd Dist
=. GEO. BLISS, 4th Dist.
=. II. w. BARTLEY, Sth Dist.
Of w. j. GORDON, 18th Dist.
Nv JOHN O'NEILL, 18th Dist.
' G. a. WHIlE e, 9th Dist.
- w. Il. FINCK, 18th Dist.
TO ALEXANDER LONG, ID Dist.
of j. w. WHITE, 10th Dist
,is JAS. r, MORRIS, 18th Dist.
IN GEO. l.. CONVERSE, 7th Dist.
90 WARREN p. NOBLE, 9th Dist