The Placer herald., 1864-08-20
SPEECH OF HON. z. MONTGOMERY.

2d inst, to protest against the arrest of Chas.
L. Weller, and to condemn the arbitrary
arrests, recently made in California.
Fellow CITIZENS: We have assembled
for the purpose of deberating and consult.
ing together, upon question Of the mos:
vital and momentous Importance to the peo'
pie of those Pacific States and Territories.
We are here for the purpose Of consider
ing on the one hand how we are to preserve
the liberties of our people; and on the other,
how we shall avert from our very doors the
| horrors Of civil war.
However widely some Of us may differ in
opinion as to the best means of accomplish
ing this end there are none, | trust, within
the limits of this vast assembly, who can
find it in their hearts to object to the object
proposed.
When a prominent and Influential citizen
is arrested without legal process and thrown
into prison without a trial, without being
confronted with his accusers, without the
poor privilege of conversng with counsel,
or even with friend as to the means of
making defense; and when we complain
of the apparent outrage thus perpetrated
upon the rights Of teIlow-citzen, we are
met with the answer that all this is necessary
for the preservation Of. peace and the good
order of society.
But, my countrymen-and address my
self to Republicans AS will as Democrats
suppose it be shown that such u course in
stead of extingushng the embets of civil
war; has exactly the contrary effect 10y blow
ing Them into bIaze, then | appeal to
every good citizen, to whatever party he
may belong if it is not the bouEden duty Of
these in authority to abandon such il course.
None but an incarnate demon can desire to
see our fair land desoIated with fire and
sword; our children made orphans; our
wives widows; and our young and now
prosperous State a graveyard for slany yhtered
men.
Gentlemen, it would be vain to attempt
to disguise the fact, that there is danger Of
civil war upon this coast. There are Just
two roads open before US: If we travel the
one we shall have peace, but if we travel the
other we may have war.
What then, is the road that leads to
peace? | answer it is to be found in the
observance of the law, while war lies in the
path of violated Constitutions and broken
statutes.
propose to demonstrate the proposition,
that every blow struck at the constitutional
rights of the citizen by those in authority, is
a blow against the peace of society and in
favor of discord and strife, bloodShed, and
civil war itself. 1t is a proposition too clear
to require argument, that he who would
require Others to respect the laws must him
| olt than, What for oyou,,1. ,vonlJ
YOU say of father who, with oatls and
words of hIasphemy in his own mouth, would
counsel his son against the vice of profanity?
But does he act more rational part who
AS an officer Of the law undertakes TO punish
real or supposed offenders against the law,
in manner which the law itself positively
!orbds.
No government can long retain the respect
or command the obedience Of its citizens
whose officers habituaIIy violate with impu>
nifty their legally acknowledged rights
The Constitution Of the United States guar
anlees to every citizen of this Government,
certain rights, among which ale liberty OF
conscience, freedom of speech, the right OF
trial by jury, etc. as appears from the fol-
lowing passages:
ART. /. amendments 10 Tue COuSttullOu, says.
Conrress shall have no law respecting an estab-
lish,nent of religion or prohibiting the free cx-
| ercise thereof, or abridging the freedom OF spe"ch
or OF the press. the right OF the people peace
ably TO assemble. and to petition the Government
for redress OF grievances.
AIT. reads as follows:
In all criminal prosecutions the accused shall
enjoy the light OF IL speedy and public trial by
an impartial Jury Of the State and district where
in the crime shall have been committed, which
district shall have been ascertained by law, and
10 he Informed Of the nature and cause oil the
accusation; to be conf with the witnesses
against him; TO have compulsory process for OBJ
tanning witnesses in his favor and to have assist
ance OF counsel for his defense.
Now | undertake TO say that no officer OF
the Government, from the President down,
has any authority to deny or violate under
any circumstances whatever, a single right
hat is here guaranteed. Indeed any Cow
ernment officer, including the President him
self, is required to take solemn oath to
uphold and support that Constitution with
all its guarantees.
But suppose that instead Of strictly ad-
herring to that OATH some OF the officers
charged with the administration of the Gov
ernment should demand of citizen the
surrender of some clearly defined consitu'
tional right, tho question then arses-What
is the duty of that citizen? Ought he tamey
to surrender that right or not, supposl"g, OF
course that he has the power to refused
Should he, for example, surrender his right
to worship God according to the dictates OF
his own conscience? Should he leave 1t to a
Major General, as in Bishop Kavanaugh's
case, to say whether his religion was loyal
in its teachings, and whether his church
was properly named or not?
Sirs, the freedom Of religious worship, the
freedom of the press and the freedom OF
speech 90 hand in hand. 1t is noteworthy
fact that the very same section of the Com
stiu,ion which guarantees the one equally
guarantees the other; and mark my words,
| hat these sacred rghts will either stand or