Year: 1864

abandon such course. None but an in.
carnate demon can desire to see our fair
land desOlated With Sse z5sas 3S9.3, ~~r'
-'"tA:- & z,>.,9 -. - c c:::c - ~...-, *fs,
ows and our young and now prosperous
State graveyard for slaughtered men.


Gentlemen, it would be vain to attempt
to disguise the fact, that there is danger
of civil war upon this coast. There are
just two roads open before us: If we trav-
Ell the one we shall have peace, but if we
travel the other we may have war.


What, then, is the road that leads to
peacep answer it is to be found in the
observance of the law, while war lies in
the path Of violated Constitutions and
broken statutes.


propose to demonstrate the PROPOSE
ton, that every blow struck at the consti-
tutional rights Of the citizen by those in
authority, is blow against the peace Of
society and in favoT~of discord and strife,
bloodshed, and civil war ITSELF 1t is a
proposition too clear to require argument,
that he who would require others to re.
spect the laws must himself respect them.
What, for example, would you say Of
father who, with oaths aud words of bias
phemy in his own mouth, would counsel
his son against the vice Of prolanity?-
But does lie act a more rational part who
as an officer of the law undertakes to pun
iSh real or supposed offenders against the
law, in manner which the law itself pos
itivcly forb,ds.


No government can long retain the re-
spect or command the obedience of its
citizens whose officers habitually vio!ate
with impunity their legally acknowledged
rights. The Constitution Of the United
States guarantees to every citizen of this
Government, certain rights, among which
are liberty Of conscience, freedom Of
speech, freedom of the press, the right of
trial by jury, etc, as appears from the
following passages:


ART. /. Amendments to the Constitu.
ton, SAYS: Congress shall make no law
respecting an establishment of ,ligion or
prohibiting the free exercise thereof, or
abridglng the freedom of speech or Of the
press, or the right Of the people peaceably
to assemble, and to petition the Govern
! mcnt for redress of grievances.
ART. 6 reads as follows:


In all criminal prosecutions the accused
shall enjoy the right Of speedy and pub
lie trial by an impartial jury of the State
and district wherein the crime shall have
been committed, which district shall have
been ascertained by law, and to be inform
ed of the nature and cause of the accusa-
tion to be confronted with the witnesses
/ against him to have compulsory process
for obtaining witnesses in his favor, and
to have assistance of counsel for his de-
fenSe.


/ Now | undertake to say that no officer
! OF the Government, from the President
down, has any authority TO deny or vlo'
late under any circumstances whatever, a
single right that is here guaranteed. In
deed every Government officer, including
the President himself, is required to take
a solemn oath to upheld and support that
Constitution with all its guarantees.


But suppose that instead Of strictly ad-
herring to that oath, some of the officers
charged with the administration of the
Government should demand Of citizen
the surrender Of some clearly defined con-
stitutonal right, the question then arises
-Wha is the duty Of that citizen =
Ought he tamely to surrender that right
or not. suipOsing, OF course, that he has
| the power to refuse? Should be, for ex
ample, surrender his right to worship God
according to the dictates Of his own con,
science! Should he leave it to Major
General, as in Bishop kavanaugh'S case,
to say whether his religion was loyal in
its teachings, and whether his church was
properly named or not?


Sirs, the freedom of religious worship,
the freedom Of the press, and the freedom
of speech 60 hand in hand. 1t is note
worthy fact that the very same section OF
the Constitution which guarantees the
one equally guarantees the other; and
mark my words, that these sacred rights
will either stand OF fall together. Ifyou
are asked to give up the freedom of
speech, first consider with yourself wheth-
er YOU can spare the libertyof conscience
also. But go farther, and assert that it
is a violation Of conscience to consent to
an iniraction of the Constitution while it
remains the supreme law Of the land. |
appeal to every naturnlized citizen WITHIN
the sound Of my voice, il he has not ta-
ken q solemn oath before his Maker, to
support the Constitution of the United
States?


But do you call it supporting the Con-
Sttution if you assist in or assent to its
violation? and surely the supporting of
the Constitution and laws is not less oblig-
atory upon native born than upon a
naturalzed citizen. But you will inquire
what conclusion intend to deduce from
these arguments. will tell you; and
would to God that every citizen of this
State, to whatsoever party he may belong,
would ponder we'll what | am now going
to say.


There are tens Of thousands of citizens
of this State who firmly believe that they
have the constitutional right to discuss
and freely criticise the official acts of all
their public servants from the President
down to the city policeman, holding them
selves amenable not to the military but to
the civil tribunals, for any unwarrantable
abuse of that right.


They believe farther that if charged
with an offense when not in the military
or naval service Of the United States Gov
crnment, they have right to be tried in
the civil courts according to the ordinary
forms of law.


They believe that all these rights among
others are clearly guaranteed to them by
the Federal Constitution, and that an in
vasion of any of these rights, either by
the President Of the United States, or by
any of his officers. is an infraction Of the
Constitution ITSELF to which they cannot,
without violation of conscience, volun-
tarily submit.


The practical question then arises =
What is Major General Mcdowell to do
with all these people? Will he arrest and
send them all to Alcatraz prison as he did