Year: 1863

Such conduct frequently leads to violence on


need not be much surprised, although it is not


justifable in law. The proper course Is to


have the parties SO reviling the government


arrested and taken before magistrate, where


they may be bound over for their good behav-


ior until the next session of this court, when


the cause can be fully heard. We have no


doubt that such seditious and traitorous ex


pressions at time like the present, if not in


dictabe, afford good ground for binding the


perpetrator for his good behavior, If for no


other reason because it tends to breaches of


the public peace by exciting others to break


it, but numerous additional legal reasons may


be adduced TO justify such course. Do not


misunderstood me on this subject. Men have


the most unlimited right TO condemn. and if
you please, rail at the National administration,


and object to the manner in which it conducts


public affairs, but not to decry. the Govern


ment under which We live, or express hopes


or wishes for dissolution of the Union, the


destruction or defeat Of our armies, the sue


cess of the rebels or of the rebellion. My


motive for referring to this subject is to pre-


vent unlawful violence. Many persons feeling
excited and incensed against those who ex-
press hostility to the Northern States and a.
vow themselves favorable to the success of the
South, attack those expressing such senti-
ments, pleading as an excuse that there is no
other way to silence the ribald tongue, and
prevent a repetition OF the offence. The law
of the land furnishes adequate redress in all
such cases without infringing on proper free
dom of speech, for we hold that the same


common law which ever prevent and punish
blasphemy against God can prevent blasphemy
against the State, and the ear of the Christian
one any more than that of the patriot is by
the other.


1t may be thought by some that we are in
Producing mere question of party politics in
to court. which we entirely disclaim. These
questions have no relation to party, but to
national existence. Partisans may and per-
haps always will differ as to the best and most
proper method of administering the govern
ment, but the points discussed go to its very
existence-shall we have national govern
ment at all? The rebellion, if successful, de-
Ivy WI hosiouoiity, ou0 tDEOWS ali lulDRS |
into chaos. Citizens have a right under the |
provisions of the constitution to change their |
rulers at the expiration of their term of office |
and elect those who will administer the pub
lie affairs differently, but no one has the right |
to destroy the government itself. Every such |
act is high treason. In a contest like that |
now waging in this country all whose feelings,
wishes and sympathies are with the rebels, are
traitors in their hearts, and all who render
them aid or comfort, directly or indirectly,
are traitors in their acts All who are not for
the government against it. In this great
struggle for national existence there can be
but two parties, true men and traitors; there
can be no neutrals. Every man receiving the
protection of the government is bound to rem
der it his warmest support whether he ap-
proves or disapproves of the admin istration.
The latter he may entirely condemn, the for
mer he is bound to support. Parties will al
ways exist in every free country, and whether
men will sustain or oppose particular ad-
is one in which there should ev-
er be the most perfect freedom of opinion, but
no man, or set of men, has any right natural or
political, to overturn the Government itself.
He is bound to support and sustain it, let who
will administer its affairs, until the rulers can
be changed under the provisions of the Con-
stitution. There certainly can be no difficult
ty with persons OF ordinary intelligence draw
ing the distinction between sustaining the
Government itself, and sustaining or opposing
those who temporarily administer its affairs.
The latter is question of party, the former of
patriotism.


A STATE IN DEAD EARSEsr.--The Legis-
ature of Ohio has resolved s.That We will