Year: 1862

support the Constitution of the United
States and the Constitution oflthe State Of
Iowa, and to the best Of my ability, will
perform the duties of Governor Of Iowa.
So help me God" Let me call your at
tention to some of the provisions of the
Constitution of the State of Iowa, by vir.
tue of which authority you we're chosen
to be Governor, and by virtue Of which
alone you have any right to act in that
capacity:


Section !, of Art. of the Constitution
OF Iowa, declares that, Every person
may speak. write, and publish his senti.
ments on all subjects, being responsible
for the abuse of that right No law shall
be passed to restrain or abridge the liberty
of speech or of the press''


In the following section Of the same
Article the State Constitution declares,


Sec. 8. The right of the people to be
secure in their persons, houses, papers and
effects against unreasonable seizures and
searches, shall not be violated; and no
warrant shall issue but on probable cause,
supported BY oath or affirmation, particu.
larry describing the place to be searched
and the persons and things to be seized.
Section 9 Of the same Article declares
that " The RIGHT OF TRIAL By JURY SHALL
REMAIN INvIoLADLE'


Section 10, and to which call your
particular attention, declares that:


In all criminal prosecutions, and in
cases involving the life or LIBERTY Of
an individual, the accused shall have
speedy and public trial by an impartial
jury; to be informed of the accusations
against him, and to have copy of the
same when demanded; to be confronted
with the witnesses against him to have
compulsory process for his own witnesses;
and to have the assistance of counsel


Section II. same Article prcscribes that
mo person shall be held TO any answer
for any higher criminal offence (than those
less than what is declared to be felony)
unless on presentment or indictment ov
grand jury, except in cases arising in the
army or navy, or in the MALTA in actual
service in time Of war or public danger.


Section IA, same Article Of the State
Constitution declares that the military
shall be subordinate to the civil power. =.


have enumerated both for your con.
sidesation and for the people of Iowa in
my arraignment of you before them for
intidelty to the Constitution, these provis
ions Of that com pact of Government which
the people of this State solemnly adopted
as u means by which they might the more
securely enjoy and defend life, and prop
erty, and person, and obtain personal safe
ty and happiness and which you, Oh be
coming Governor, swore, or pretended to
sol al ,ol I'D h. l.
that you would observe, and if assailed,
in the person Of any one, whether citizen
or not, within your jurisdiction, you would,
as Governor, protect and defend.


Have you done so? Answer me before
the People of Iowa.


On the l4,h of August last, in violation
Of the sth section of Art. of the Consti
tuition OF Iowa, my house was invaded by
United States Marshal Hoxie, assisted by
his Deputy at Dubuque, P. II. Conger, at
the head Of an armed force. On enquir
ing by what authority and for what pur
pose l was thus subj ected to so unusual
and extraordinary a visitation, Mr.. Hoxie
informed me that he had warrant from
the Secretary Of War at Washington for
my arrest. / enqured of him if you, Gov
ernor kirkwood, were aware OF the fact
that such warrant had been issued Mr..
Hoxie replied that you were. then pro
posed that if he would give me his word
of honor, credulouS man that | was to be.
lieve that such a man had any honor, that
be would take me before you before pro.
ceeding any farther in the execution of
his alleged order for my arrest, would
submit myself to his control, protesting
meanwhile against the right Of the Secre
tary Of War to issue, any warrant to ar.
rest me, a citizen, who was never within
his jurisdiction in any manner whatever,
q protest did not doubt for a moment,
you, as Governor of Iowa, would sustain.


On the following day reached Daven.
port for the purpose, as presumed, Of
either meeting you there, or Of proceeding
to you at Iowa City, in conformity with
the promise of the United States Marshal;
for will confess to you Governor, that it
was as Marshal aud not as Mr.. Hoxie.
took his word Of honor, prasuming TIA,
however little regard he might have for
his ward as man, he would have some
respect at least for his word given as an
officer Of the Federal Government. But
even in this respect WAS mistaken in
Hoxie. You were not at Davenport, nor
would the Marshal keep his promise to
take me where you we're known to be, at
Iowa City,


But being determined tha, you should
know my situation, and to give you an
opportunity to comply with your oath Of
office as Governor, to say nothing OF the
personal relations which Isupposed exist.
ed between you aud me, wrote you
letter informing you of my arrest and, if
l recolect rightly, giving you my opinion
upon its illegality. Instead Of interpos.
ing your righ.ful authority TO preven. me
from being abducted arbitrarily and ilIe.
gally from Iowa, you wrote mo an insult
ing letter, assuming ,ha. was disloyal to
the Government. although you knew in
your heart that the intimation was false.
You knew it to be so, if by no other means
from the fact that when the call Of the
President Of the United States was made
for the lst quota Of volunteers from this
State, l, in disobedieuce to your order,