The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1871-05-31

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uder the Head of Special Notices and
Double column advertisements VIII be
haEged 80 per ct. in addition toathe rabeve
gested to me, that ought tto1 gfye&ay
to him and not-ask. him to giye,.Ha
to me, and the result has verified the
correctness Of that instinct.
, But, Mr.: President, the Senator
} has been pleased to make a,speech-
will notacslh is;sa, Arguments NhsHgh
do not not mean ts be disrespeqtfyl when
1 say it is not .one; -Ee has been
iipleased to- mako Asspeaeh. Ia to
WHAT Iksaid. IlspdkeofthersdEti4ute
for the amendment Of nay eelleagyle
j ] spoke Of it il, such, terms, as,I. in my
Judgment .belieyal dwsre. ted,
and. 4hea IespeRes s.Ehos aek.eff Con-
gress in regard to the jurors oath,
and the illustrations that 1 gave were
tsimply show what was the effect of
| that act; and now I submit toy the
Senate whether the Senator from
Vermont has made any answer at all
to what | said. ]. might leave it JUST
here and submit to the good sense of
this Senate whether it required one
hundredth part of the ability that the
Senator from Vermont possesses to
make the speech that he has just
; addressed to the Senate. Why, Mr..
President, there are some things that
are painful to see. Is it not painful
to see q weak man make weak
speech, but it is painful to see a man
of ability sinking to the level of. the
weakest intellect that can be found in
the land. .-.z==,-z--
The Senator says that I am only
pursuing the course that 1 and the
Democratic party did from 1851 to
1860, that | am only defending. the
same cause. What does, he mean by
that? IF he means that I and the
Democratic party stood by the Con
stitution of the United States, and
condemned. every violation of that
Constitution, then tell him that /
am defending the same cause that I
did then. Will that Senator stand up
here and say that from 1851 to 1855
there were no violations of the Con-
stftutiop ? VIII that Senator stand
up here, and, in the face of. this bill
which assumes that the power to .sus-
pend the writ of habeas corpus is a leg
islative power, in the face of the de.
cisions of the Supreme Court in the
United States that it is a legislative
power, say that President Lincoln did
not violate. the Constitution when he
undertook, without any authority of
Congress, to suspend the privileges of
that writ Will he stand up here
and say that trials by military COM
mission in States where Justice was
unobstructed, where the courts were
in full exercise of all their functions,
that trials by military commission in
the State of Ohio, in the State of New
York, i'll the State of Pennsylvania,
were no violations of the Constitution
of the United States Why, what
has your Supreme Court decided? p
Decided that they were violations
decided that there was no authority
whatsoever to try any man by military
commission, even during the war, in
the midst Of the war, where the civil
Courts were in undisturbed exercise of
their functions as Courts. Will the
Senator condemn me because / main
tanned the same doctrine that your own
Ceur5, composed almost exclusively Of
Republican Judges, has declared to-
be the Constitution of the land 2
That, sir, is the whole extent of my
offending, the whole F'head and 'front.'
of it; that l, who have again and
again taken the oath to support the
Constitution. believed that that oath
was binding on my conscience, and
not only believed that it was binding
on my conscience, but believed that
every violation of the Constitution by
the Government weakened the Gov
and lessened the chance that
we had to put down the rebellion and
to restore peace to the country. I
may be reproached as much as any
one sees fit to reproach me with stand
ing by the Constitution of the country:
I believed that the Constitution was
made for war as well as for peace
There is no word in it that limits it
to times of peace; there is no word in
It that says that in war it shall be ST.
.ent, and he who takes an oath to
support it, is bound to support il in
war as we'll as in peace.
But again, sir, the gentleman said
,he only word of sympathy L expressed
vas for the poor Confederate soldier.
expressed no word of sympathy for
,he poor Confederate soldier. / was
this act. I said that un-
ler the very letter of the law, if you
we're to stand by the mere letter of it,
;he man who put glass of cold water
to tie lips of dying Confederate SOL
dier to alleviate his agony, could lot
'it in the jury box under. this act. l.
hat sympathy? But, if the Senator
wants it, let me tell him L have SYM
oethy for suffering humanity wheSev.
II it is to be found. I do not meas
ire my sympathies by the fact thata
nan suffers in a right cause ora
wrong cause !; it is sufficient that he is
ufering; it is sufficient that he is
gonized it is sufficient that he is in
Eant, to command qny sympathies;
md if he is an erring brother, that
fospel which all men ought to re-
ere, tells us that we should have
nore sympathy with him even be-
ause of his errors. The Savior of
did not come upon the earth
D save the righteous, but to save the
7icked. His sympathies were be-
toWed more upon the erring than up
n those who had committed no error.
TO, sir no man can reproaeh' me or
ny other man who has heart in his
ody for sympathizing with suffering,
hoover may be the sufferer. -.
Rut oroin the Senator says that