Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-07
Ohio Legislature.

Ohio Legislature.
Wednesday, May 6, 1868.
SENATE.
MORNING SESSION.
The PRESIDENT pro tenn. called the
Senate to order at ten o'clock.
SECOND READING.
Senate bill by Mr.. EMMITT-SuppIe-
mental to an act to authorize the commits.
sioners of Fairfield county to improve a
road therein named, was read the second
time, and referred to select committee of
one-Mr. Golden.
THIRD READING.
House bill reported by Mr.. FINLEY,
from select committee-To prC vide for the
election of an additional Judge OF the Court
of Common Pleas for the second subdivis-
ion of the fifth judicial district, was read
the third time, when
Mr.. YEOMAN moved the postponement
of the bill till 4 p. NJ. to-day, which was
agreed to.
House bill by Mr.. BALTIC exempt
personal earnings from application to the
pay yment of debts in certain cases,was read
| the third time. when
Mr.. SCRIBNER stated that the object of
| the bill was to exempt from forced appli-
cation to the payment of debts the earnings
of the head of a family and of his minor
child. for period of three months, when
such earnings are necessary to the support
of the family.
The bill was then passed-yeas %, nays
none.
House bill by Mr.. KERR, of Jefferson
In relation to city parks, and to repeal an
| act therein named, amended so as to re-
| quire the appropriation of money for the
purchase and Improvement of park to I've
lStr IN q of tho
the third time and passed-yeas %, nays 8.
House bill by Mr.. BORDEN-Further to
| provide for building bridge over Mill
creek, at or near the western terminus OF
Eighth street, in the city of Cincinnati. was
read the third time and passed-yeas 2S,
nays none.
House bill by Mr.. BGHMER-Supple-
mentary to the act entitled ian act to pro-
vide for the reorganization, supervision
and maintenance of common schools, pass
ed March IA, 1858, so as to authorize the
issue of certificates to German teachers,
was read the third time and passed-yeas
| 26, nays none.
House bill by Mr. GERHART-To au-
thoriZe the election of an additional judge
OF the Court of Common Pleas in the Sec
ond subdivision of the sixth judicial dis
trict, was read the third time, when
Mr.. MAY moved to postpone the bill till
P. M. to- day, which was agreed to.
House bill by Mr.. SWETLAND-To
amend an act authorizing the commits
sioners of Madison county to levy a tax to
purchase additional grounds for the agri-
cultural society OF said county, passed
March 30 1868. was read the third time and
passed-yeas "a, nays 4.
House bill by Mr.. BUELL-To author
ize the incorporated village of Beverly, In
the county of Washington, in the State of
Ohio, to levy a tax for the purposes therein
no "a ri nd
ed-yeas a, nays 1.
House bill by Mr.. HUGHES, of High
land-to amend section nine of an act en-
titled an act securing the berefits of the
writ of habeas corpus, as amended by Sec
tion one, passed April Ia, 1868, volume 60,
pages lis and 116 of the Laws of Ohio,
was read the third time, when
Mr.. SCRIBNER stated that this bill
restored the ninth section of the old habeas
corpus act, which had remained on our
statute book for more than a half century,
until repealed by the act of April IA, 1868,
which deprived persons of the habeas cor
pus, ordered to be taken out of the State
by military commission. This bill re-
enacted the ninth section of the habeas
corpus act of February %. 1911.
Messrs EVERETT and KEIFER spoke
against the bill, and defended the habeas
corpus act of 1868, as a necessary and
proper measure.
Mr.. SCRIBNER-I stated, when on the
floor few moments since. that the act of
1868 was intended to deprive the citizens of
this State of the benefit of the writ of hd-
beds corpus. l repeat that assertion. As
early ss in 1911, the General Assembly en-
acted statute securing to our people the
protection furnished by the great writ of
personal liberty, and denouncing severe
penalties against any person who should
violate its provisions. For more than half
q fvlrr hof lou A..
statute book without material change. But
in 1863 legislature whose duty it was to
guard with jealous care the rights of the
citizen, basely betrayed their trust, and
modfftcation in the law, the
purpose of which was to withdraw from
the people that protection which had pre-
viously been extended to them. On the
18th of April, 1868, the 9th section of the
hdbedS corpus act was amended. One of the
then made provides, that no
person ''who may be arrested or transported
out of this State in time of war or rebel
lion, in pursuance Of any military order of
the President of the United States, shall haue
or maintain any action for such arrest or
in any court of this State, in
pursuance Of this act, or otheraciSe." By this
provision, the Legislature, at one blow,
struck down the barrier which had for so
many years protected the citizen against
the encroachments of illegal power. And
no1 ohly Iual' Ahey placeu MS lie ana
liberty at the disposal of the President
They virtually invited that official, when
ever he should see proper to exercise the |
power usurped on more than one occasion |
during the late war-whether upon good |
cause or upon insufficient cause-to seize |
the citizen and drag him beyond the bor-
ders of the State. In this manner, |
instead Of standing up as the guar
stature Of 1863 betrapyedR p@Ri Into the ae hands g.
despotic power the constituency they pro-
fessed to represent. Every citizen of the
State was exposed by that legislation to
arrest, to imprisonment, to assassination by
a drum-head court martial, upon the '.mii-
itary order" of the President and his sub
ordinates. The fathers of the State-the
men who placed upon the statute book the
act of 1Sl1-had keener appreciation of
the rights of the citizens, and stronger
love for personal liberty. l trust that the
bill now under consideration, which seeks
10 restore the enactment passed by them,
will receive the sanction of this body.
Mr.. DICKEY said he was not surprised
% see opposition to this bill coming from
;he source it did. 1t was but one of the out
,roppings OF that terrible conflict which
was going on in this country between lib
erty and despotism-betweent the Democra.
y on the side of liberty and Radicalism on
he side of consolidation and tyranny.
we are Witnessing every day the crop
ping off of those glorious branches of the
ree OF liberty planted by our fathers-we
aw it plainly during the bloody war from
which we have just emerged, when by
tealth at night and by force of arms, In
'iolation of every law of freedom, citizens
If he patriotic and noble State of Ohio.
we're dragged from the bosoms of their fam
lies and thrust into dungeons to drag cut
miserable existence. -s
Let me say to the opponents of this bill
hat it shall passive will restore so much
# liberty TO our people, and the Democra-
y of this Senate would be recreant to their
luty, did they not pass it.
Mr.. GOLDEN made speech of consid-
,rable length, reply ing to the charges that
lad been made against the Democratic
'arty, and. among other things, charging