Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-05

Mr.. MAY viewed the bill as rot only inn
polite, but mischievous. We should be
careful when we undertake to modify or
repeal law, which, like the present one.
relating to criminal proceedings before
justices has been upon the statute book for
thirty years. Amendments may be allow
ed in civil proceedings when, property is at
stake, bnt not in criminal cases where life
and liberty are in jeopardy. NJ. NJ. urged
that there was wide difference between
allowing an amendment upon an indict-
ment or information, aud upon an affidavit
filed before a Justice. Indictments or in
formations are allowed to be amended in
other States for detects in mere matter of
form; but not in matter of substance. Mr.
May referred to the constitutional proyIs-,
ion that no person shall be deprived of his
liberty. but upon warrant issued upon
probable cause, supported by oath or affir-
nation. 1t was the CONSTITUTIONS right OF.
every citizen to be free from arrest or de-
tention, except upon an affidavit or war
rant describing the offense or crime with
certainty and in legal terms. RI lq fen52
Mr.. r.STAMBAUGH called attention to
the TACT that no person can he properly
discharged for a, mere formal defect in the
affidavit Or process. He argued that the
dill proposed toiidO an unconstitutional
thing, viz: to hold and imprison a.detend-
ant where no probable cause is shown in
| the affidavit or warrant.
| Innocent persons may be arrested under
this bill anu held four days upon an affida. :.
Wit in which no crime is charged. He re-
| ferred as an illustration to the charge of
disloyalty made not long since against the
| whole Democratic party by the Republi-
! cans WHO are now obnoxious to the same
charge in arraying themselves against the
President of the United States. He pro-
ceeded to show how Senator might be ar
raigned before q Justice on broad charge
of disloyalty, specifying no acts sconstitut4
| ing an offense, and lie tour days in Jail and
then be discharged because no amendment
charging a crime had been filed.
The habeas corpus act provides that no
person shall bedischafged upon the affida-
Wit when the affidavit or, warrant substan.
TALLY charges crime, but where it does
not, he is to be discharged. This bill pro-
poses to suspend the writ Of habeas corpus
| for four days where no crime is substan-
TALLY charged. The bill thus deprives the
citizen of the Safeguards thrown around
| his liberty by the Constitution and the
great writ of liberty. f0'- p. lii
Mr.. DOWDNEY objected to the bill be-
cause it attempted to hold under arrest the
man against whom no crime is charged uu-
der the laws of the State. In indictments
| or informatio1s no amendment can be made
charging any other crime than that set
forth in the original papers. In these q
crime must be substantially set forth, and
amendment can only be made in matter OF
| form. No man can be arrested or held to
answer except for crime made such by
the statutes of the State. He could not
vote for this bill permitting an affidavit to
4 be amended where no crime was substau.
/ TALLY charged. ''i -. 'tt .'rA .4ti. u !
| Mr.. BURROWS defended his bill on the
ground that 1t allowed amendments in the
same manner as they are allowed in in
| formations. He cOntended that the, bill
I was no infraction of any existing law.
There is no law for discharging defend
ant by a justice, unless he finds the COM
plant not true, though tits the practice to
discharge where no substantial offense is
charged. i3fi'@-5 ''st'i-''i..
The result of this BILL if it becomes a
law, will be,not to cause any more arrests to
be made, but after fifteen or twenty dollars
of costs have been made, to prevent dis
charge without a hearing upon the COM
plaint. The administration of justice
should be made cheap and easy, especially
in case of preliminary. examinations before
Justices. -f......
The vote was then taken upon the pas.
sage of the bill, and resulted as follows.
YEAs--Messrs. Berry, Biggs, Brooks
Burrows, Campbell, Dangler, Emmit,l Ev-
ans. Godfrey, Griswold, Hall, Hutcheson,
JamisoD, Jones. Keifer, Kessler, Kramer
Lawrence, Linn, Potts, Scribner, Sim
|
25. ,,..-r.-.,.-., .-..-..-ff .Syr -at,,,
NAYs-Messrs. Carter, Dickey, Dowd-
ney, Everitt, Golden, Kenney, May, Rex
Stambaugh, Winner-10. "a '1--a'
/ ~ s1T RESOLUTION. rs III
! Mr.. KEIFER offered the following Joint
WHEREAS, Lieutenant General VIM. T
Sherman and MAJOR General George HI
Thomas will be in Cincinnati ON the 9Th
| inst, and to- q ti'4!' 5.-''"
WHEREAS, They are OF the most dstin-
guished citizens and officers of the United
States,, and ..-..... .,. -.
!; WHEREAS, 1t is but due that Ohio should
show to them her high appreciation ol
| their distinguished and patriotic services
in the war for the suppression of the late
rebellion; therefore;
Be 1t. Resolred By this General Assembly o.
the State Of Ohio, That Joint committee o
three on the part Of the Senate, and five or
the, part of the House, be appointed tC
wait upon them, and earnestly and cor.
daily invite each Of them to visit the city
of Columbus, the Capitol and the Legisla.
ture, that we may each personally take
them by the hand and express to each o
them the deep qualification which al
loyal men feel for their splendid aud noble
services to their country. - s-.. f. ii
| The vote on the adoption of the resolu.
| y
| YEAs-Messrs. Biggs, Brooks, Burrows
Dangler. Everett. Griswold, Hall, Jones
Keller, Kessler, Kramer, May, Potts, Sim
mons, Stambaugh, Terrence, Winner
Woodworth, Yeoman. -frG..t
NAYs-Messrs. Berry, Campbell, Carter
Dickey, Dowdney, Emmitt. Evans, God
frey. Golden, HutchesOn, Jamison, Kenney
Lawrence, Linn, Rex, Scribner.
| Mr.. MAY, who voted for the resolution
| stated before casting his vote, that he should
vote yea for the purpose of moving a re.
consideration. Ia. fe.sa- stt-J .i.5 t
Mr.. STAMBAUGH moved that the vote
by which the resolution was adopted, be
reconsidered. " 5A'i ,.i % j'ii3i
Mr.. BROOKS moved to adjourn. Lost
yeas II, nays 49,, ,..a.i.srf ..... --.7.- in
The vote was then taken on the motion to
reconsider, and carried by 19 yeas to II
nays, as follows :'H u3'f'F ,f''1- - -.
YEAs-Messrs. Berry, Campbell, Carter,
Dickey, Dowdney. EmmitG, Evans, God
frey, Golden, Hutcheson, Jamison, Kenney,
Lawrence, Linn; May, Rex, scrlbner,
NAYs-Messrs. Biggs, Brooks, Burrows,
Corey, Dangler, Everett, Griswold, Hall,
Jones, Keller, Kessler, Kramer, Potts, Sim
mons, Terrence, Woodwork and Yeoman.
Mr.. STAMBAUGH moved t. refer the
resolution to the committee on Federal Re-
Mr.CARTER moved to adjourn, which
was lost. 9 ~ -r.-s-i I.,,e... - ..+
The question being on reference to the
committee ON Federal Relations, lesulto-
ry debate followed, and the resolution was
finally SO referred. 9a.. .si." e s-lJ5I
The Senate then adjourned. ,.o, 49,. 3.