The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-07-22

J as an me rican citizen. Your assumption
; Of the right to suspend all the constitutional
, guarantees oil personal liberty, and even o
> the freedom OF speech and Of the press, be
cause the summary remedy Of habeaS corpus
may be suspended, is an once startling Gut
. alarming TO all persons deslrous OF pTeseIV.
. ing free government in this country.
The inquiry of the undersigned whether
"you hold that the rights OF every man
throughout this vast country, in time OF in
vasion or insurrection, are subject TO be an
nulied whenever you may say that you ron
slider the public safety requires it?' was 1
plain question. undisguised by circumlocu
tien, apd intended simply to elicit iniorma.
tion. Your affirmative answer 10 this ques-
ton throws a shade upon the fondest antici
pations OF the trainers of the Constitution
who flatter themselves that they had provi'
ded safeguards against the dangers which
have ever beset and overthrown free govern.
ment in other ages and countries. Your
answer is not to be disguised by the phrase
ology that the question "is simply ques.
ton soho shall decide, or an affirmation that
r0body shall decide what the public safety
does require IN cases ofIebG lion or INVASION"
Our Government was designed to be a Gov
eminent Of laa0, settled and defined, and not
Of the arbitrary will Of a single man. As a
sa aeguard, the powers were delegated to the
legislative, executive and Judicial branches OF
the Government, and each made coordinate
With the others, and supreme within its
sphere; and thus Il mutual check upon each
other, in case of abuse of power. 1t has
been the boast of the American people that
they had q writtee Constitution, not only eX
pressly defining, but also limiting the power $
OF the Government, AMI providing ettectual
safeguards Tor personal liberty, security and
property. And to make the matter more
positive and explicit, it was provided by the
amendatory articles, nine and ten, that 'the
enumeration in the Constitution Of certain
rights, shall not be construed to deny or dis
parage others retained by the people," and
that ''the covers not delegated to the Uni.
ted States by the Constitution, nor prohio
ited by it to the States, are reserved to the
States, respectively or to the people," With
this care and precaution on the part Of our
ioreathers, who framed our institutions it
was not to be expected, that, at so early a
day as this, a claim Of the President to ar
bitrary power, limited only by his concep
ton of the r, quirements of the public safety
would have been asserted. In deroga'ion
Iof the constitutional provisions making the
President strictly an execuiv i've officer, and
vesiing all the delegated legislative power in
! Congress, your p0sitioh as we understand
it, would ma Ike your aoW the rule Of action
and your declarations OF the requirements OF
The public safety the law OF the land. Our
/ iGquiry was not therefore, ''smply cues
ton aVho shall decide OF the Affirmation that
| nojody shall decide, what the public safety
requires" Our Government is Govern
1Iront OF Ian, and it is lhe lQaO, mQEing po,0er
which ascCrtains what the public SAFETY re.
quires, and prescr:bes the rule OF action; and
the duty OF the President is simply to exc
cute the laws thus enacted and not to make
or annul }aaoS II any eXigency shall arise,
the President has tic power to convene Con-
gress at any time, to pr, vide for il; so that
the plea OF necessity furnishes no reasonable
pretext for any assumption OF legislative
power
For moment contemplate the consequen.
ces Of such a claim TO power. Not only
would the dominion Of the President be alb
solute over the rights of individuals, but
equally so over tie other departments Of the
| Government. If be should claim that the
public safety required II, he could arrest and
imprison Judge for the conscientious dis
charge of his duties paralyze the Judicial
power. or supercede it, by the substitution OF
courts>martial, subject to has oVn aOjR,
throughout the whole country. II any one
OF the States, even iar removed from the
rebellion, should not sustain his plan for
prosecuting the war; he could, on the plea
of public safety, annul and set at defiance
the State laws and authorities, arrest and
imprisun the Governor OF the State or the
members of the Legislature, while in the
faithful discharge Of their duties, or be could
absolutely control the action, either Of Con
gress or Of the supreme Court, by arresting
and imprisoning its members, and, upon the
same ground be could suspend the elective
franchise, postpone the elections, and de
clare the perpetuty of his high prerogative.
And neither the power OF impeachment, nor
the elections OF the people could be made
available against such concentration OF pow.
er. ..........
Surely ii is not necessary to subvert free
government in this country in order to put
down the rebelion; and it can not 5e done
under the pretense of putting down the re
bellon. Indeed, it is plain that your Ad
ministration has been weakened and greatly
weakened by the assUmp ion OF power not
delegated in the Constitution.
In your answer you say to us-"Iou claim
that men may, II they choose, embarrass
those whose dury it is to combat giant re
bellion and then be dealt with in terms
as if there were no rebellion" You will
, find yourself in fault il you search our com
munlcalion to you, for ahy such idea. The
! II ,l,ot
and laws Of the land properly administered,
furnish ample power to put down an insur.
recion without the assumption OF power
not granted And if existing legislation be
inadequate, it is the duty of Congress to con
slider what further legislation is necessary,
and to make suitable provision by law, Z
You claim that the military arrests made
by your Administration, are merely preUen>
the remedies "as injunctions to stay injury
or proceedings to keep the peace, and not Jor
punishment" The ordinary preventive rem
edies alluded TO are au horned by established
law, but the preventive proceedings You in
sttute have their authority merely in the
will Of the Executive or that Of officers sub
ordinate to his authority. And IN this pro.
ceeding a discretion seems 10 be exercised as
TO whether the prisoner shall be allowed a
trial or even be permitted TO know the ma
ture Of the complaint alleged against him,
or the name of his accuser. Ii the proceed
ceedings be merely preventive. why Eot al
low the prisoner the benefit OF bond to
keep the peace? But if no offense has been
committed, why was Mr.. Valandigham
tried, convicted and sentenced by court
martial? And why the actual punishment
or banshment, without the opportunity Of
obtaiDing his liberty in the mode usual in
preventive remedies and yet say it is not Tor
| punishment?