The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1864-06-01
out of Their Own Mouths are
They Condemned,

The Government" hal been getting in
TO new trouble, and the promise is for more.
Blunder upon blunder follows in such quick
succession that it is as much as a person
can do to keep posted as 10 the latest. The
suppression of the New York papers for a
few days is the latest, and if we mistake not
the temper Of the people the affair will have
to undergo judicial investigation,
Marshal Murray, who claims to have acted
under orders from the Government" has
been indicted before the New York courts
forthecrime of kidnapping citizen of Cuba,
named Arguelles, whom the Governor of
that Island wished in his power. The ab-
duction WAS accomplished under orders of
the Secretary Of State, without law, or even
the form.
The following is the statute of New York
under which this United States Marshal was
indicted:
Every person who shall, without lawful
authority. forciblv seize and confine any 9th
er, with intent either
!. To cause such other person to be sent
out Of the state against his will; or,
2. To cause such other person to be Sc
cretly confined against his will or,
3. To cause such other person to be sold
as q slave. or in any way hold to service
against his will, shall, upon conviction, be
punished by imprisonment in the state priS-
on not exceeding ten years.
This will be one Of the oIcarest cases ever
presented TO jury. The law is explicit the
evidence of the fact complete, and the ac-
cused has no defense which will stand mo-
ment's scrutiny. The defense offered will
consist of an allegation that the seizure and
surrender were made by the direction of the
President of the United States. But it is
point of law long since settled that the Pres
ident of the United. States has no authority
to give such mandate; and, in point Of
fact, no such mandate was in this case given
none therefore can be produced in evidence
before the court. A jury sworn to rendera II
yegdict in accordance with the law and the
facts cannot fail to convict Marshal Murray
Of kidnapping under the statute above re-
cited
President Lincoln has, Indeed, through
the Secretary of State, publicly assumed re-
sponsibilty for the act of Marshal GIurry
but such an er post tdcto avowal can not be
accepted by court as q substitute for a
written mandate and it would avail moth
ing if it could since the mandate itself wo'd
be clearly Illegal
In the published works of Secretary Sew
ard, second volume, occurs the following,
which happens to be to the point in this
case:
THE power of delivering fugitives is one
of the highest Importance. and deeply con-
Germs the liberty and security of citizens
In such cases, statutory requirements and
even technicol forms Of proceeding, are safe
guards against the arbitrary or capricious
exercise of executive authority.
The following appears in the Washington
dispatches in the n Y. Tfbme:
The subject of arbitrary arrests was Incl
dentay discussed in cabinet council to-day.
Mr.. Chase manfully denounced them. The
suppression Of the New York papers and
extradiction of Arcuelles were both con-
dennod by him as devoid Of policy and
wanting law The defense of the measures
was more irritable than logical and assured.
The Administration has frequently done
things as outrageous as this surrender but
never before found itself so completely cor
nered. Every wise utterance Of the past.
from all resources, even from itself; condemn
this Administration. .....