Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-08
SPEECH OF
HON. EDSON B. OLDS.

HON. EDSON B. OLDS,
In the Ohio House of Representation, Monday,
January 1911, 1853, on Arbitrary A,,ests
Ioontlnued.l
But how stands the case with Governor Tod 2
The Constitution of Ohio contains almost word
for word, the checks and barriers to be found in
the Constitution Of the United States.
The Bill Of Rights, section !, reads "All men are
by nature, free and independent and have certanna.
lienabe rights, among which are those Of enjoying and
defending life and liberty, acquiring, possessing and
protecting property and seeking and obtaining happ
Section says; "Ths right of trial by jury shall be
inviolate."
party accused shall be allowed to appear and defend in
person and with counsel, to demand the nature and
cause OF the accusation against him. and 10 have COPY
thereof to meet the witnesses face to face and have
compulsory process to procure the attendance Of wit
nes1es In his BEHALF and speedy public trial by an i'm.
partial jury OF the county distrotn which the oense
Is alleged to have been committed"
Section IL saysi EVERY citizen may freely speak,
write and publish his sentiments on all subjects being
responsible for the abuse Of the right and no law shall
be passed to restrain or abridge the liberty of speech
Section 10 says "No person shall be transported
out Of the State for any offense committed within the
same and no conviction shall work corruption of blOO
Section IA rays: "The right of the people to be Sc
cure In their PERSONS houses, papers and possessions
against unreasonable searches and seizures shall not be
violated, and warrant shall issue but upon probable
cauSe supported by oath or Affirmation, particularly
describing the place to b. searched and the person and
| things to be seized,'
| Such, Mr.. Speaker, are some Of the ca eguards
| found in the Constitution of Ohio, and which
are thrown around our citizens to protect them
in their inalienable rights
In violation Of every one of these constitu-
tonal checks and barriers, eleven of our citi.
zsns have been arbitrarily arrested and incar.
cerated in Military Bsstiles.
| stand here to day, and as the Representa-
tive, and in the name of the people of Fairfield
county, l charge upon Governor Tod, that, in
violation Of the most sacred of all these provis-
mos of our Constitution, which by solemn oath
he was bound to obey, he has caused our citizens
to be arrested and transported out of the State,
that they might be beyond the reach of the writ
Of habeas corpus, and held In military dungeons
as political prisoners.
Il 10 the sworn duty Of Governor Tod to ex
tend to every citizen of the State all the protec
ticn our Constitution affords to such citizens.
Did he do this1 Did he afford those eleven citi-
zens auch constitutional aid as was In his power?
| No sir, I am sorry to say that he did not. On
the contrary, he both recommended and aided
in my arrest Nay more, he boasted that he
ordered the arrest of DR.. Olds.
| Compare, III you please, this high handed,
boasting tyranny Of Governor Tod, With the
manly, patriotic and conscientious course pur.
sued, under similar circumstances, by the Gov
ernor of New Jersey.
Tho minions Of the Administration, with
nlettres de cichet," from the War Office, had
arrested citizen CT that State. Governor
Olden, himself aRepublcan, and sy mpathizer
with the President, yet feeling the great re.
spopiiblity that under his oath OF Cfflce, rested
upon him to protect the citz IN and maintain the
rights of the State, demanded Of Mr.. Lincoln
the surrender Of the individual thus arbitrarily
and unconstilutionally arrested and imprisoned
And the Administration, with all its despotit
appliances, burst not stand up against the State
sovereignty Of New Jersey, and Notwithstanding
his loaded cannon inside of Fort Lafayette
Mr.. Lincoln ordered the sally port throWr
open, and Mr.. Wall walked forth, once more
free man.
Permit me, Mr. Speaker, in this connection Il
read q somewhat lengthy extract from oharg,
to the Grand Jury Of Talbot county, in the Stat,
of Maryland. delivered at the Nov. Term of th,
Court, In 1861, by the venerable Judge Carmi
chael:
Violent and dangerous breaches OF the public peac
prompt oogniEance Of your department. and have me
the speedy and certain punishment which the law de
nounces upon without distinction. But arbitrary
illegal and false imprisonments have been unknown q
than sx and twenty years al the bar and service of
few years. upon the bench, have never known such
case either BY criminal pressntme.t or civil action
tion, have found persons wicked enough to commi
them. 1t will strike you how sacred the right Of per
sonAl freedom has been held within this jurisdiction fol
han n M n AMIR A1A 4.
assured there 10 ample redress for its invasonthat ha
been preserved thus involate. 1t is the hereditary
right Of American freemen: II was the tight OF the
ancestors, before American Independence.
Before that day. British subject could not be arrest
ed, bat under process Of law. An arrest and deten
tion Of his person was unlawful, unless made unde
"process from the Courts or under process from 10
gal officer having the power TO commit under his hant
seal" This process was required to be founded
oath, disclosing the cause Of such arrest. Indeed
jea,ously was the liberty Of the subject guarded tha.
Ooke that FILoE could not be arrested upon the war
rant until after indictment actually found" Thl
suictnem was afervard relaxed, and was combatteC
when held But from that day to the date Of American
Independence the arrest OF British subject could no
lawfully be made, unless under the authority of udica
or iusticAl warrant. Made otherwise, 1t was false i'm
prisonment," an oGense which eminent English ia
rst denoninAles "a heinous public crime, for whic
the same author says, 1.-THE law demands public ven
esance." Every arrest without due process" was
gaided arbitrary, illegal and despotc, and such as tn
claim for the British crown The assertion at thi
day Of such power for the crown, would shake tn
British throne 10 its very foundations.
Exemptions from the exercise Of such power, 10 th
a birthrlght Of Americans. They trace 1t back in th
musy scrolls Of the mother country for ages long past
It s Inscribed In letters Of light In the Constitution
Maryland.
Republican members of this House, In th
discussion have referred 10 the healthful an
: happy effect OF the exercise of despotio powe
in the State of Mary during the prosecl
tion Of this war, We are told that the susper
sion BY the President OF the habeas corpus, an
the declaration of martial law in Marylsn
saved that State from secession.
Sir, the Star Chamber despotism OF the Tt
dors and the Stuarts in England, Was tend,
mercy, when compared with despotism practi
ed under this AdministI alton in Maryland.
have an il ustration in the venerable judi
whose charge have ju,t read. For making th
charge he was assaled by the minious OF M
Lincoln, whilst upon the bench in open coul
He was knotk ked doWn-his head cut and CASH
with blows from their pstols-and be vi
dragged senseless and bleeding from his Cou
house, and for months and months held pri
oner in Forts McHenry, Lafayette and Del
Y ware.
But, sir, In order to establish the fact that
was the sworn duty Of Governor Tod to ha'
interposed his executive authority for q
maintainance Of our State sovereignty, and
, have resisted, even with force had It be,
necessary, the arrest and imprisonment of o
citizens by virtue of Federal authority, In vi
lation Of the laws and the Constitution of o
NJ l. -. a. Is Ill L..