Newspaper Page Text
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' ' VOL. IX.T NEW SERIES.
COLUMBUS, OHIO, SUNDAY MOKNING
GSm 1 rfrt . V . :
fyfl if.yff,s iifi.Yf .u.'.l 'ti tt-yl .. '.. . ... " 1 j
u u ii n il ir .in 1 n ; i i ' ii
j-e-1 1 ;i U ; r; 1 -y a n m il it tvyt f"-j 1 iv "r
m ,i .mi JrieM - .;r , 1. . I 1
t MANYPENNY MILLER,
Ml ill! Hill AH D PlOPRIITORel
t il l vL
1 oUy ... f 8 00 per ysarj
iw warrier, pr full tonu
SO aer mr
Weekly, alngle opj,
1 is ,
7 JO c "
4 00 I "
7 00- j "
yiBD. 01 nvs eoptca
;tBopiei, , .
el la i 1 ! r I
1 i- 1
'..itui,iaM ! Adrartl.lav fey tkSqar
lr "' ' 0aeMiir.lytr... ?0 00 On.iqur.lWNki..i 00
' n ita. - tBoothi 18 00 On. " ,tMU..30U
0b. ' (month. IS 00 On. ' ' " ' 1 v..k... 1 M
. i)n. month t 10 00 On. ' . I Uff... 1 00
On. : Bontht 6 00 On. " ' OJVi ...
k.iu i)M -it. 1 month. "I 00 On. ' " IIumiUm 10
I 'it" tapUr UT.rtUwnU btl( sor. thu tb kori
't. , i.
Adr.r(lMmnt niS and p1Md In th. MluiM
.V.0cX..iiH mUsm nqalrM to b paMldudbfliw, ltlnMf
.1 (. d .1 V nim4 thtlntlde 1o1t.It tUr th.flntwMk
. r. ii .1 perat,BKrthtntbf tboT rmtMj tm t ill neb wll
BalnM. Card., not woMdlnt It. Una
illoaa, ptrtttr, I
km, mi w par llnai mladi .
NotlCMOI BHllnn. alurllahlM iwllHll. Ira mmninlu
., Altfrtmtum MotrUtmimU mutt b U for It
'tdmttot ' The ml. will not to nrUd froa .
, WMkiy, Um. prlo. u tb. Dally, whn th. adTirtlati
. IMttt. WMklralont. Whan fhm B.llw ndWHkli
r koth maM, than tb. .harg. I.r th. WMkly will to
-alf tto rata..( th. Sally
a advartlaooaat takam
aaaapt lot daflnlt. parlot.
. .i .1
:a I '
BROOKS, STEARNS & CO.,
" WHOHIitl RtTlIL S1ALIB3 IN
;aine & Staple Groceries,
. i Foreign and Domestic Fruits,
( CHOICE FAMILY FLOUR,
' Pnre Wines and Liquors
fOS MIDI0INAX P0BPO8K..
Country Prodao taken la chan. for Qooili.
XS. ; NO. 873 SOUTH HIGH STREET,,.
All foodl d.llTtnd frt. of ehait to any part of th.
CtMl-i ton rraaut. '
Cincinnati law and Oolleotion Office,
t ;i ,7 0 Iirmuna A. P, 1840. i
! r THOMAS POWELL,1.
jELttOTioL&jr tt Xiaw,
KO. S MAB08I0 T1MPLB,
kanlttaaew la all cam mad. lom.dlat.ly on the col
laottoaof anyolaim. ' -
Th. following ir.r.DMi are trn bypnmlnion of
th. pactin, with whom air. Fowtll bai for many year.
' Nlehola.Iionnrorth.lfq. '"
.Vi Iamn.1 N. Plk., In. ' .
Joaaph O. Batl.r, In, ! -
W. i. Smith k Oo.
Bakw Von Phnl.
TylCT. Darldaon Oo.
Hon. W. B. Oaldw.ll, li Obltf Jmtlce, Btat or
S. W. Oorwln, lata King, Oorwln it Oo. 1
Clark, Weit fc Oo., I HI and l23DnantBt.,N. Y.
Bama.1 B. Bowman k Oo., 17 John St., N. .
Wm. B. Pow.ll, Btq . , Me. ii Bait d 8t, , N . Y
. IT IS A. FIXED FACTt j
f .. Can be Oared. 1
' BIB JAlrtg OLABK.Phytlolan to Qaeeo Viotoita,
and on. of th. moat learned and akUlfnl man of the ag.,
to bli TreatlM on Oonanmptlon, aayai "That Palmonary
Oonrampttoa admit, of a ear., la no longer a matter of
doubt; It ha. bttn olearr demonstrated by th. reaearchei
; .f Iia.ua. and other modern aathologUU " Dr Can
wall, who Inraitlgated' inch matters as thoroughly as
. any other man, aayai i
"Pathological Anatomy has, perhaps n.rar afforded
mora ooqoluilre .Tidenca In proof of th. onrablllty of a
duwae. than It has la that of tubercular phthisis (pul
monary oonsumpUon) . ,
, . IT IS NOT A FIOTION". !
Thee, statements are made by men who hay. demon.
St rated what they say Urn after Urns, In th. crowded
hospital and. to. truth-telling dissecting room. They
i .r. from ea whoj could bar. no posribl. motlr. for
" publishing what Is antrum or ambluonlng falsehoods .
THE REMEDY WHICH WE OFFER,
.' Dr, Wifltar'a Balsam of Wild Oherrv
Eat eared hundreds of eases of
r y .-'OiamptioD of tiit Lnngi, Liver Complalnto,
il 1 w .iiiooghi, Brooohlllg, Colds, Asthma, Croap,
VhoeplngCongh, IoflaeD,ttc. Man, ...
. .,rv roX tbent after Erer, Known Rem-;
t- f - tiy had Failed to Reach' 'the f
So not proorasanata, bat mak. nte of Wlifar's Balsam ,
v and.Ure haalthy and happy. -,J ?r;
Bold by JOBH D. PABK, Northeast oorner of Fourth
and Walnat itra.t, Cincinnati, Ohio,
.PK.Sl-dlmiiwll, , . v
(rotmuT BAtLi'a,) :
ITos. 17 and 19 Park Row,
OpporiW ttt Astw Eras, lad Park, Hew York
,cPi1oi of Board $1 60 per Day.
IIS .liONO . KiTiRi.Knvn , aw ii
. rr A fOP"?! ? raeantly bean rebulltand great
, I it inlargad by tha addltton nt 100 rooms, and now
has accommodations for onrSOO parsons. It bu alto
- hiviv.uv irauuwu, am u ' ii.j
BEATEO Y TXA1H
.... ..' " an . i .
Z'JZiiL ilQHTED WITH OAS JTHROUGHOUT.
i)cV ,fhlHt aaaln.of th. tost loeatloos In th.Olty,
' s la Of saay aoeaas from all tha steamboats and Ballreads
J'j n reading t. tha 0it7, and la soimnlact to all tha City
luj-ol vo :"""v7T'.!.1 ,,t "BTnjnoas 01 a
j.:iWmI i est c l a s a a o t t .v
ti.j.i iilasattBf th. comfort of Its Inmates. - 'I
xn. patroaag. of th traraUDf pabllo 11 Ntpaetfally
' - " - f! -
11.50 ram DiT. '
H. 1. P0WBB8,
4. ' h :
jonn L. GREEN,
IVD ,3-"lCT3 Ail.1
FANCY FRENCH FLANNEL
, NEGLIGEE SHIRTS, p
MIDI la the bast style and of superior materials.
Uinta' Paper and Three Ply Linen Collars, In all
"" Gents furnishing Qdods of superior quality.
Neck- Ties, Bcsrli, Blocks and Cravats, lu best
33.I3NT t SON,
No. 23 to 80 l.nib Ulgh direct.
ABTJPPIY of these celebrated and superior fitting
Ihlits eonslanlly on hand. Also, Bojs' ShlrU,
,U .11 llHf- .
BAIN Jt BOH,
, ,.,.,., No. i and SO South High street
Hoop Skirts, ,
OP best qaallty fnr Ladles, Hints and Ohlldrqn.
Hoop Bklrts for tall Ladles.
Hoop Bklrt for Short Ladles. ' I
Quaker flora Hoop Balrta.
Balmoral Uaon aklrifl..M. .f...
most, itsnslve assortment of sap.rlor Bklrts In the
v..j,-.un bi Tory ,uw prices.
BAIR sr. BON,
. No. S3 and St Booth High street
NCBIAB, Boods, lltana, Boarfs, Hair Nets, Quilted
XtUona, Zephyr Worsteds, Balmoral Bklrts.
BAIN Jr. BUN.
No. S3 and 89 Mouth High street.
F BENCH WOVEN
BAIN dr. BON.
T AD1E8 ANI IfllMES' ffl B It I N O
BMrts. v BAIN aa BON
-, . BAIN fc ION
BAIN k. BON.
Colombns Wholesale Liquor Store,
LACELLE ROSS & CO.,
IMP0BTEB8 AND BXALBBB IN
Foreign and Someitio Winei, Brandies,
, ' to. Ac. ALBO,
OLD RYE.MONONGAHELA & BOURBON
TTABBH0D81 AND 011101,224 BOOTH H1QH ST.
Nor. 19, 180 dlyts
Ladles' Fancy Fnrs.
Squirrel Sets. :
Gents' Fur Capes, Gloves,
Ladies' Fnr and Fnr Trimmed
r . ; floods.
In all styles
Shipping tars, for which th. highest prlo. In Otsh will
be pal I, at
J. H. SMITH'S HAT. STORE,
Uew Heil Home Bailding,
The fircat Bcbcllion.
EZPBBIINOBD A0ENT3 ABE WANTED BT
tb. pnbllthtr. In .Terreountr. tocanratt for
JOHN 8. O. ABBOTT'S
HISTORY OF TEK CIVIL WAK
. ! ' IN '
To be In two rolumes, bound in ..leather and Illus
trated on ileal. .1 .:.
This will be TBI History. '
Bend for a Olrralar, or make application for territory
. LEDVAUO BILL,
ootlS-tf ' ' ClereUnd, Ohio.
COAL OIL ! COAL OIL!
FOB SALE AT ICrMNKHS' PUICES,
, by tbe barrel,
, M . V. H." nsBTIEAUX
J"13 ; '06 8oathHlghtrset
; a, i.-, : .. oppositb tti ATH norjgi, -1 ,
THIS OLD BBTABLISEID AND WBLL KNOWN
Booh, during the put season bss been thoroughly
renorated, repainted and. refurruihed In a etyle both
eomfortable and eleiant, so that we fM wall imml that
nose wno rarer as witn aeall will find all the aomforts
ana eonrsnieneasasnai in nrstolaaa Hotels.
"... WARDEN tc EfKEKIT,
00tt8-dly .' ,...:,;.);,: P0P11T0BS.
, Opened Sept. 16th, ieoi f
, 1 a m d 1 a t 1 1 1 ' ' " 1
Opposite Capitol BnUding, High Street,
f. Oolumbus. Ohio! ,
la Now Ready for tbe Reception of
'. .. . -,.(, ', .. -..,-. . to. - .-.
. .WALSTEIN FAILING, Pmwbtob,
iOB. I. oraMBTBOlt, Asstsrairr. . -ptl8'Wtf
jonN kkbleb . Bumf 0. WBiTHiH. MtKHiae r. rotci.
, I ' (I
KFIII.F.R, WHITMAN 8l FORCE, 1
Attorneys & Counselors at Law,
Ofllrp, No. II Masonic Tiiiildinff,
- , , 1 . . .
Cincinnati, Ohio'. , .
O" Practice la the State Courts; and also la the Unit
ed Htates District, Olroult and Supreme Courts.
Dee. Sl.VS-dly. '
V. R, GLAZIER, Agent,
131 Houtb Faurib Street,
Opposite tbe Market House,
I am now prepared to reoslT. en Oontmlitton all
kinds of property.
Old and new f nrnltur. BOTJQHT AND BOLD.
Particular attention given to the sale of Horses and
Wagons and Carriages, and Household and Kitchen
Halee In tha country promptly attended to.
No: 102 South High Street ; .
I A in NOW FREPAIIFD TO Receive
on Commission ererr description of property, each
ss Dry Goods, Groceries, Liquors, furniture, Oaerlages.
I elso Intend to devote mr attention to laiei of Baa.
state and Personal Property, at any point, wllhlu twen
ty milea of the City.
liy Auction Bales every evening.
Oonslgnmenta respectfully solicited. ' -
I have a large room over my sales room, for storage
Kelton, Bancroft ek Co., J. at T. 1. Hlllor,
D. T. Woodbury Jr. 0o Btone Lewis,
Butler, Brother At Co., John Qoaryas Bon
W. H. Bestlsaus, ulenn Thrall.
Fifth St., between Main and Sycamore,
OORBIN OALLEHXB. )
JOB. F. PEI1BIE, I
THIS HOTEL HAS BEEN REPAIR
ED and refitted thronahont. and la now open to the
Eublio. The proprietors, recently of the Ooddard House,
layovtrle, Ky., solicit the patronage of the travelloa
community. No pains will be spared to give satisfaction
10 tne guests of the House.
Deo. 21, 'S2-3m. ... JOS. I. FEBBIB, . .
(OPPOSITE TBI BTATB OAPITOL,)
MABCUS CHILD3, Proprietor.
THIS I. A HUE AND MAGNIFICENT
Establishment is one of the most complete in tbe
West, and bts Just bsen filled with a lime and wall se
lected stock ol
which will be found to excel anything ever before offer
ed In thle market. -In the Custom Department I em
plov none but the best Cutters and Workmen, and til
orders will be speedily filled, and
Warranted to Fit and ba Well Made.
Will find at this Bstabllshment all the necessaries ra.
quired for a complete outfit, and my fecilltiee and prices
are such that I can defy competition la this line.
READY MADE CLOTHIN0
KENTS' FLRNISUING GOODS
Will be found In great variety, having the largest stock
of this kind ever brought to this city, all of which I in
vite the publlo to call and examine before purchasing
HE 01 EMBER!
My Store Is opposite the Capitol, to the New Neil House
uuiiaing. ana is one ot the nnest more Booms in the
country. A visit to It will repay any one for the
deol9-d6m 1LAB0D8 CHILDB.
ommission, Forwarding t and
GENERAL PASSENGER AGENCY i
t t', e
Bremen, Hamburg and Havre
RAILROAD TICKET AGENCY,
EAST AND ' WEST. S -
Nos, 7 & 9 West Third; St.,
; , (Oorner ifaln), ' ' !
On the European Flan,
onr ot nkw tobk. ;
Single Rooms Fifty Cents per' Day.
City lTall Sqnare, corner Frankfort St.,
n (Orroirra Orrr Hau.) ' j .,
Meall as ther may .. ordered In the apaclous refecto
ry, There la a turwt vsnop and Bath Boom, ttacnea
to th. Hotel. '
Beware of B0NNIB8 and HAOKMJN who say we
. at. FHENtHi rrapriaiar
Vee. 27, 1863-dly
rl PORX, WHISKIES,,
f of medicinal parpotw, fornl. by
HON. MILTON SAYLER,
OF HAMILTON COUNTY,
Delivered in the Ohio House of Representatives,
January 29th and 30th, on the Right of Personal
Liberty—Mr. Dresel's Resolutions as
to Arbitrary Arrests bring under consideration,
': '!) ' " 1 ;
Ma.' SavLta said:.' ".'
IHa, SrriiiE: Tbe wide range which ttil.
dtiDale baa as.amed, bag almoat canned na to
loaa light of the quoalioDi properly Involved
tor prudential reaaona il la perhapa well
eoonga that tha resolution, of tbe honorahle
member from franklin (Mr. Dreaol) have af
forded an occailoo to certain centlemen for el v.
lng vent to smoldorlDg campaign epeecbea, whose
anppreaaea Diirning ana smoking might else
bare produned oooaeqnenoea terrible to con
template; It ii well enough, too , that thla
Ilonae and "tbe reat of mankind," bare thna
been enlightened by their Tlewa of the ob)ect
and purpose of the war, of tbe mode of ita
ancoeaafal prosecution, of tbe (treat and crvlntr
aln of alaverv.' of Its abolition bvexeonti
proclamation, and ot the nature and charaoter
or. the coming year of Jubilee. - All thie, eir,
1 well enoneb. but none of all thia la Involved
In the anbjeot matter properly before the Howe
tor qiaeaaaion. not la it necessary In this de
bate to reeort to qaoetiona foreign to the, reao
lailona. The Isaacs directly Involved arebroed
enoogn, emnraiing, ei they do, the great ab
solute right of rgasoNAL ubirty to tbe Ameil
can people. I propose therefore in what I ehall
aay to confine my remaiks to the twcilold right
aaaemd by the Preaident and lmniUdiv
by tbe teaolutlona, the right, firet, to arrest
wiiuoui prooeaa oi law, and, aecond, to detain
wltliont binefit of Aafctas corpui, freecltlzona
of the State of Ohio not connected with the
military service of the country. In doing thia
I dealre to appeal neither to the pinlona and
prejudices of men nor to their partisan feelings,
bnt alone to their sober judgment In the light
ot history and of the hUherlo uniform interpre
tation of our constitutional law.
It appears, in the course of this diouubdion,
as a matter of fact admitted tinon all hanrlfl.
that eleven free citizens of tbe State of Ohio not
oocneoted with "the land or naval foroea, or in
tbe militia In actual service," have been "seiz
ed " without V warrant," '.'hold" without "pre
sentment or Indictment" and denied "the right
to a tpeedy and public tiial by an impartial jury
of lbs State;" and that they have not been "in-
lormea 01 tne nature and cause of the accusa
tion," our "confronted with the wltniWa
agalnat them." And It further appear, that
three of the eleven have been "transported out
of the State" for a supposed "offense committed
witnin uie aame," and impr.aoned elsewhere.
Theae extraordinary prooeedioga, eo contrary
to all our preoonceived ide ts ot tbe rights of
the citizen and so utterly at variance with all
previous praotlce in this country, aru lounded
upon a supposed power resident in tl e Chief
Executive of the nation, a power which the pres
ent incumbent of that office himself distinctly
claims, and whioh is now asserted and defend
ed, and the exercise of whioh la justified by 1 be
Republican leaders upon the floor of this House.
In bia message of July 4, 1861, the President
of tbe United States olaima for himself and fnr
those whom he may see fit to invest with
the Bams authority, tbe right, "according to bis
discretion to suspend the privilege ot th writ
oi habeat corpus, or, in other words, to brrest
and detain, without resort to the ord. nary pro
ceseeB and iorms of law, such individuals a. he
might deem dangerous to the publio safety."
This piwet he bad previously exercised, and
tola power be continued to exercise to eomaei.
tent, though it did not fiod its complete and fi
nal assertion until the Issue ot the proclama
tion of September 24. 18U3. Thla must rm.,tr.
able Exeoutive Document orders:
VlBBT. Thftt dntlnff IbA AwUfln. I...
. n luiurreriion and aa
necessary measure lor suppressing th.
rr- " ""T .." -"--" "Honors within the Dni
nil In.nriranta lhalp ,!... ...I .i.-..-
ira Diaies, ana an persons discouraging volunteer eniui
menia. resisting militia drtfta or .in. . i,.T;" .
practice, or offering aid and comfort to the rebel, .win.
theauihorltyof th. United stales, .hall be .aWe!?t
M.rll.l .nri ll.hl. M Irl.l j T"' , " .0ject to
martial MMIlTta.J dommis,io;:UpUU,'n,nenl "Coart-
Bacoiin. That th. writ of Bab,, Oorpii) I. ,Biita.
ed In reject to all pereons arrested, or who ere now or
hereafter, during the rebellion, .h.11 1"? '?w; ?!
n Fort. fl.mS. W,.7ZL . F"Dtu la
;t;. ,v5,'.. Tr.," "uo.a' .
f : --- " ' miiiwry autnority. or bv
tbe seotenoe of any Court Warti.i B, hiii. .A'".:
Inn. , uuuuuu-
Tbls proclamation and the orders of thp San
retary of War promulgated two days thereaf
ter, to carry out its purposes, providing for the
Ptuiuiiueat 01 a irovoa. marshal Uenaral,
wuuoc uuauqaariera snail do at Waahinffinn.
and of Special Provost Marshals for each State,
and defining their duties, not only suspend the
privilege 01 tne writ ot Habeas Corpus, but
irampie upon mo proviaioss or our Stat, re
stitution-, annul the laws of tbe States, create
ami ucune new ana nisnerto unknown offenses,
dispense with tbe forms and processes of the
juaieiary, erect in their stead military commis
sions appointed and paid bv tbe President.
elothed with power to arrest and imprison or
otherwise punish at their discretion the citizen
for aucb sots committed or omitted, as the Chief
Executive may be pleased to call offoneea, es
tablish a system of espionage throughout the
United States, and thus place every citizen un
der the immediate military command add con
trol of tbe President, and the libertiea of srarv
citizen, without the possibility of a judicial in
vestigation, at tbe mercy of irresponsible
agents, who may be instigated by political
prejudice, personal malignity, or by the mere
wantonness, of unusual and arbitrary power, to
take them away.
Ibis unsurpassed body of tvrannv mav seem
harmless or trifling to those who enforce it and
to their friends and supporters, but not so. air. to
those who are or may be its vlotlms. Nor is it
eatisiaotory that we bave been assured -by the
apologists of arbitrary power-upon this floor that
the arrests have ceased, tbe oooasion tor them
having passed away. I oould wish for the
honor of my oountry that they had ceased, but
tbe fasts are otherwise. And even if ther had.
it is cot this or that particular application of
power or wnicn a tree people should be jealous,
bnt the existence of the power Itself abd the
uses of which it is susceptible. , The Droolama
tlon to-day stands unrevoked, the orders under
which ita provisions are to be effected stand nn
cancelled, and thua this assumed authority on
tbe part or tne rresiaeni witn the means of
carrying it Into execution, hangs tc-day over the
beads of tbe heretofore free citizens of the
Slate of Ohio and of the other Slates, of tbe
Union. . : : ' ; : ,-:.- ..
Certainly sa extraordinary cower, ovar-ridinar
as it does all the liberties hitherto guaranteed
to the oitizeo, must nave eome nrm basis, and
could not bave been aasumed by the President
except for very grave reasons, and uoon as
surance made doubly sure that he was entitled
to Its exerciBe. lie shall speak for. himsolf.
In his message, referred to before, to the extra
session of Congress, he thus announoes bis rsa-
sons and argues hie right: 1
Of coarse som. eon.id.ratlna was ilvu to th. auc
tion ef power and propriety, I afore thla matter waa acted
upon . The whole of the law. which were required to
faithfully executed, were being resisted aid falling
execution In nearly one third of the States. Alusl they
be allowed to finally tall OS execution, aven had tt been
perfectly cleat that by to. us. ot mean, necessary
insir .xecauon, son imsn urn, sua. id buco exurane
tenderness ot the citizen's liberty, that practically It re
llevea more of the guilty than of tbe Innocent, should,
to a very limited extent, be vlolatadr To state the Ques
tion more directly, are all the law. tuat on to ro unexe
cuted, and the (Krrernment Itself go to piece, lest that
one be violated! - Ivan in suoa a ease, would not the
oath be broken If the Government should b over
thrown, when It was believed that disregarding the single
law would tend to Pieeena 111 But It was aot believed
that this question was presented. It was not believed
that any law was violated. - -;-.
lbs provision of th. Constitution, that tha privilege
at tb wilt of fVtfffff wrm stall Pt be raipeaded i-
ficial ' lesi when, la oases of rebellion or Invasion, the' publlo
safety may require It, is equivalent to a provision is
provision mat such privilege may oe suspenaoa wnea,
io esses of rebellion or Invasion, the publlo safety does
rsquire it. It was decided that we have a case or rebel
lion, and that the public safely doe. require the qualified
suspension of the privilege of the writ, which waa au
thnrjgsd to be made. Now It ii instiled that Congress,
and not the BiecuUve, la vested with that power. But
tha Ooultltnton 11 llent bleh or wbo ' 10
exerolse tb. power) and aa the provision was plainly
made for a dangerous emergency, it cannot be believed
tbefram'1 of the Instrument intended that 1a every
-j, danger should run its course uotil Oongrese
could be eallOU sogeuieri wo Tory mouidimb ui wiiicu
might be prevented, as was intended lu this oase.iby the
rebellion. I - .. .'
Now. I will do tbe President tbe justice to
aay that in these few words be bassoggesled
every argument and assigned every reason ror
hie action that his anoloKists in this House hare
been able to suggest or aaalgn, and I will do
them tha justice to ear tbat no one of them has
suggested weaker arguments or assigned less
a.tlsfaotory reaaons. Analyzing the arguments
of the President and tbe arguments that have
bsen made In his behalf in the course of this
disousslon, they are found to be two-fold, one
0 aaa aaserUne tbat he lapwsessea 01 mis pow
er under tbe Constitution ana ny virtue 01 its
provisions, and another that be is possessed of
it by virtue of an authority inherent in him as
Chief Executive -f (he nation and commander
of its military forces, which overrldea all Coo
atltntions snd all laws, and Is based upon the
nscraslties ot the people and the.aafety of the
nation a revival of the Roman msiim, ilui
populi, $uprema Ux.
No more crave or iuipoiuni aubiect than
this can possibly agitate the publio mind, and
the time has come when the people of this
country should thoroughly understand those
treat rrlnciolos of civil liberty of which noble
men bave dreamed in an ages, ana wnicn nave
been transmitted to us as our common birth
right by tbe self-devoted efforts and struggles,
at the cost of the blood and treasure Of our
Saxon ancestors through a period of a .thou
Tbore are three great aDsoinieugntsoi man,
the riaht to life, to liberty, and to properly.
These belong to man as man, and not by virtue
of laws or political institutions. It Is tbe Im
aira In which God created him. Tbe charter
on whioh tbey depend was drawn from tbe skies
and bears the signet snd stamp of Heaven
Anv encroachment upon tnese rigms, except
bv the consent ot tbe people, la tyranny, and It
. J . . I . .. .. . 1 L -
Is agaiust tucn . enoroauumeuv mat luuaa woo
would be free have struggled io all ages, To
preserte and maintain these rights ia. the Jri
marv end of human laws, and constitutes the
great purpose for.whieh Governments have been
Instituted among men. une, uueny, proper
ty, these three, but the greatest ot these is
liberty. To a race of nonle men property has
no value without freedom, and life la too dear
when purchased at the price of slavery.
What. then, constitutes tnis great right cl
pei sonal liberty to tbe individual 7 I quote the
definition of tbe illustrious and learned 00m
mentator of English law. It consists, says
Brackstone, ''in the power of .looomotiou, ot
changing situation,, or removing one's person
to whatsoever place one a own inclination may
direct; milftout tmpnionmtnf or rmrafnf, am
ies' by due courts 0; law." t ut trier on in toe
same connection, be says: :
Of great Importance to the public Is ths preservation
of this personal liberty; for if onto it were left in the
nn..r nf an, the hiaheet magistrate toimprison arbitra
rily whomsoever he or bis ofliccrs thought proper, there
would soon be an ecu an neuuana immunities.
Borne have thought that unjust attacks, even upon life
nmnartv. at the arbitrary will of the mailstrate. an
less dangerous to the commonwealth than such as are
made npon tne persona, uuonj si u iuojosi. xo be-
pmv. a man 01 1110, ue vj .wiouto ,u ooonioaie ma aa
late, wtihoutacousatlon or trial, weuld be so gross and
notorious an act of despotism, ss must at ence convey
the alarm of tyran.y throughout ths whole kingdom;
but confinement oftke person, by seeeetly hurrying him
to goal, where nis suusnngi 1 are. unsnown or lorgottoa,
is -a leis publio, a leu striking, and therefore a more
dangerous engine or arbitrary government.
Now. I am ready to admit, sir, that In times
of ereat peril to tbe commonwealth, when the
Slate is in reat danger, it may be necessary lo
abridge the rignts ana immunities 01 the citi
zen, and to restrain to a crrtiiu extent bis per
eonal liberty. This has been done under such
circumstances in all tree governments, and may
be done in otuown. 1 admit, too, that onr Gov
ernment to-day is in great peril, and that our
national life is at stake. Bat I affirm in oppo
sition to tbe arguments and assumptions of the
Prealdont, and in opposition ,to the arguments
and assumptions of bis apoligiBta here, tbat tbe
power thus tn abridge the personal liberty of
tha citizen is vested exotasively lu the Lstriela-
live and not at all in tbe Executive department of
tbe Government either of tbe United States or
of the State of Ohio, and that even Congress
or theXegiBiature can exercise mis power on
y within definite and well-understood limita
tions and restrictions. ' And this first proposi
tion 1 propose to eatablidh by the history ui the
right and the doctrine concerning it In Engtand,
whence we have derived it, Dy the express
words and the context ot onr Federal Constltu
tion, and by the hitherto uniform decisions
our Courts of Juetioe.
Tbe right ot personal liberty is an ancient
one. and bears tne nocors 01 nuny a centnrv
It dwelt with the Greeks in tbe days of their
glory, and with tbe Romans when they were
free and pure- In torn they were enslaved, and
tbeir lost noeriies Became tne portion of our
rude Saxon ancestors who had made their way
into Britain. It is the proud boast of English
uriats that the three great absolute rigbta of
the individual, constituting their liberties, are
coeval with their lorm ot government. From
the beginning 01 tne nun to tne beginning
tbe thirteenth century, however, amid the strifes
of the Heptarchy, tbe Invasion of the Danes,
and the conquest of the Normans, even though
Egbert and Aiirea nau uvea ana ruiea, fcngllsb
history presents little else than a soeoe of anar
chy and contusion. It was at Runnymede on
tbe loin day 01 juue, mi j, inai me nation's
liberties received their firet definite recognition,
and were put forever under tbe protection
law. After a oentnry and a half of conquest
the Barons had become worse Normans and
better Englishmen, and strengthened by tbe
support of tbe Monks, at wboee head was that
true Anglo Saxou, Stephen Lsngton, Archbish
on ol Canterbury, they tben and there com
pelled King Jonn n ncceue 1 j weir demands,
and to guarantee to the people tbe Drlvlloe.a
and Immunities reoited in the Great Charter;
In the '-win enapier 01 wnicn, it is thus writ
Nullue liber homo eaplatur, vel Imprlsunetar.
dlaselsiatur de libero tenemento suo vel lloertailbua vel
liberie eonsnetuainibaa auis, aut atiagetur, aot exulet,
aut aliquo modo destruatnr, nee snper earn lblmus,
saner eum mittemus, nisi psr legale Judicium narlum
suorum, vei per legem terrw. nam venaemus, null!
negebtmui, aut aineremns, rectum vei jastttum.
(No freoman shall be arrested or Imprisoned.
or deprived of his own Ires household, or ot
libeittes.oroi nisown ireeouatoms, or outlawed,
or banished, or injured in any manner, nor will
we pies sentence upon him, nor lend trial noon
him, aafess by the legal judgment of kit peer,
sf the law of tht land. To no one will we sell,
deny, or aeiay, rignt. or jnstice.1
Magna Uharie ts me great fact of English
history. It is the pure fountalu whence
streams bare nawed, by whioh eo many fener
ations 01 men nave oeen giaaaenea ma blessed
Saxon liberty, so long in abeyance, now became
a deuutte and tangible possession. Henceforth,
before the majesty of written law, there
neither lord nor vassal, Norman nor Saxon
Tbe cottage was protected equally with
eaetle, and the rights of the humblest freeman
were as sacred as tboae 01 tbe proudest baron
It is a noble feature of tbe great oharter,
it lifted from the shoulders of the maasee
many a burden "grevioua to be borne."
distributed civil rights equally to all elasses
freemen; but In tbe words of Haliam, tbe
judge like of historians: 1 ' -1
Th. essential clauses ot Itaina bharfa are those
nroteot th. personal liberty and property of all freemen
by giving mwrttyfrom arbitrary imprisonment
arbitrary tpoUaUon. It Is obvious that its words, In
terpreted by any honest curt of law, convey aa ample
security for ths two main rights of elvll society. Prom
th .ra, therefore, ol King John's Charier, it must bare
beeo a elear principle of our OenaUtuUoa.Miif no man
can be detained in vHton wUhmtt trial. Whether Ibe
courts of Justice framed the writ of habtat corpus in
conformity te the spirit of this clause, (cap. xxix) or
found it already In shsir reiister. It became from tbat
era tht right of entry subject to demand Uj That writ,
rand.red more actively remedial by the sla'ute of Obarlee
II.. but founded anon tbe broad basis of MarneOUarla.
it th principal bulwark of Xnglith liberty; and if
everttmporary oirounutanctt, oa ths nooa-rroi. nxa
or rouTioiL aaosasirv. shall lead men to look on He de
nial viith apathy, tin moet distinguishing charac
teristic of our Constitution will beefaced. (Middle
ages, unap vui; parts.) '
To establish and Annflrm tha rlehta set forth
in Klnsr John's Charter, coat, on the part ot
our English fathers, an almost continuous strug
gle ii-om tbat period nntil the Revolution Of
1683. Maena Charta was indeed always eon.
sidered fundamental law, but tbe frequent
encroachments made npon it by reigning mon
archs rendered it necessary tbat it should often- ;
times be confirmed. This was dsns frequently
during tbe reign of the next Henry, and Sir
Edward Coke reckons thirty-two Instances In
which It waa solemnly ratified during theoen
tury that elapsed between the first Edward and
Henry tbe Fourth 1'
1 WO CSntnrlea later cama the relvn of
Cbarles I, An illustrious trial was now to ba
huld between Klnelv nerottative en the one
band and legal government on the other.
Greater encroachments were to be made on the
liberties of the Deonle. and In turn those liber- .
ties were ta be more firmly established and
more widely extended. Charles revived eoor- -miiles
which his father had not dared to trao- r
tice. - He violated the essential olanies of Mag
na Charta, as well as many subsequent laws
made In accordance with those clanaea and de
fending tbe rights and libertiea of the subject.
in the list ol the grievances recited by our
English fathers these are prominent1 "Illegal
exaotiona," "arbritary ctmmitmrntt." "quar
tering o: soldiers or sailor," and "xnntciton 0;
punishment by martial law." Against such
enorosohment on their ancient liberties guar
ranteed to them in the Great Charter four can
furies before, they determined to provide au '
eternal rsmedy. That remedy they called tbe
Petition of Right, and it constitutes the second
great oharter of English liberty, lo it tbey
pray the King.
That no man hereafter be comnelled to make or yield
any gift, loan, bsnevolence, tax, or such like charge,
without common consent by act of parliament ; and that
none be called to answer or take such otlb. or to give
attendance, or to be confined or otherwise molested or
disquieted concerning tbe same, or for refusal thereof ,
and that no freeman la any each manner aa Is before
mentioned be imprisoned or detained. ; and that your
majesty would be pleased to remove the eald soldiers
and marinas, and tbat your people may not be so bur
thened In tune to come ; and that the afosesaid tommis
tiont for proceeding by 01 art UU law ma y b revoked
and annulled : and that hareatter no eommlislons ot
the like nature may issus forth to aay person or per
suns wuaterer to be exeeuted as aforesaid, lest oy cuior
of them any of your ma jetty' t svbjette bt dtttroyed
or putito death contrary to the law andfranchitt of
This petition of rlcht waa ratified bvfbailts
lo the moat solemn manner in the third year of
bis reign, whereby, says Macaulay (History of
tngiaua, vol. 1, utiap. 1; : ...
B. bound himself never aealn te ralie money without
tbe consent of both Houses, never again to imprison
any person, eacesf in due course of laic, and never
again to subject hit people to the jurisdiction of court
In ths sixteenth year of the reien of thnaime
Cbarles the court of Star chambir- was also
abolished to the general joy of (he tfbale na
tion. This waa a very ancient court with an
origiual limited jurisdiction, but long befoie
ins aajs ot unaries nad ne.iumo au ineirumect
or fearful oppreeslon to the people of England,
and tbat too in a manner atrikingly analogous
so tne oppressions ot those who sdmioieler our
own government to day, lu original legal ju
risdiction waa stretched, aa LardClarfudjn tells
ni (Hist, of Reb., Book 1 and 3):
' To tbe asserting of ail proclamations and orders of
State: to the vindlcalina of llleesl eommiaiiom. and
grants of monopolist; holding for honorable that which
pieasen, ana ror just mat wnicn pronied, and becoming
both a court of law to determine civil rights, and a com t
of revenue to enrich the treasury: the eouocll table bv
proclamation enjoining to the people that which was not
enjoioed by tbe laws and prohibiting that which was not
prohibited; and tbe star-chamber, which oontlited of the
same persons In different rooms, censuring tb. breach
and di, obedience to those proclamations by very great
huh, lunjuiuuiueuw, auu rurpora, SBTerillSB; BO tbat
any dlrespect to any sets of State or to the persons of
statesmen, was In no time mors penal, and the fonnda
tlone of right never more la danger to ba destroyed.
These two illustrious grants to civil liberty,
to wit: The enactment of the Petition or Right
acd the abolishment of the Court of Star
ohamber, belong, indeed, sir, to ths reign of
Charles I., bnt tbe heart of Charles went not
with bis grants.. He was faithless and Insincere.
Tbe eight remaining years of his life were
spent in a struggle with the people against the
very grants of liberty he himself bad made.
That struggle waa fatal, as such atrugglta uiuai
ever be; and in 1649, the reign ot this over
reaching and misguided King, went down in
darkness and blood.
Tbe next great step in the establishment ot
the right of personal liberty to onr Saxon
fathers, waa taken in tbe nineteenth year after
the restoration tf Charles II. to the throne ol
Eoglsnd. It is oertalnly cot unworthy of mece
tion, sir, that during this reign the slavish ten
urea introduced Dy wniiam the Norman, with
all their oppressive appendages, wero removed
from incumbering the estates of the subject;
but that which particularly concerns ns now, is
ine aaaitionat security 01 me person ot the anh.
jeot from imprisonment, obtained ty the habeas
csrsdS aot ot lo.bv "magna Lharta,"
Tl 1 I- A ( , I I -. , . .
maonewQB, - uuij, m geuer.i terms, declared
that 00 man shall be imprisoned voutrary to
law; tbe habeas corpui act polula him out ef
fectual means, as well to release himself.
though commuted even by the klua in council.
as to punish all those who shall thus unconsti
tutionally misuse mm." inis aot is indeed
the great bulwark of the English Constitution.
and is soaroely lees beneBoial than tbe tharter
of Runnymede, and yet, sir it only reaffirmed
and made effectual to the people, a right fully
reoognlaed and established long before. On
tbia point, I again introdnoe the teatlmony ot
Itlaavary common mistake, he says, and that no, ni.
among foreigners, but many from whom soma kaowlen
of our Constitutional laws might be expected, to soppoie
that thla statute of Charles II. enlarged la a great de
gree our uooruos, ana iorms a sort ot epoch In their
history. But though a very berts Octal enactment, and
aminently remedial In many nm ol tllmgjsag Imprison.
mom, 1. ui.iwiwi.tt hu ... yriuotpu,, nor centorred any
right upon the .uhjeeU from the earlleat records of the
Bngltiu law, no freeman could be detained la prison
except upon a criminal charge, or renvlctlen, or for a
01(11 debt. Ia. th. forme, case. It was alwava In hi.
power to demand of tbe Court of King's Bench a writ
of habeas corpus ad tubjtcitnium directed to tt.
pereon detaining him la oustedr, be which ha an.
joined to bring up th. body of ine prisoner with the
warrant 01 coiumiianoui, met tne uourt might Judge of
Its sufficiency, and remand the party, admit him to ball,
or discharge him, according to th. nature of tboeharso.
This writ issued of right and eovld not b refuted bvtht
Court, it waa not to bestow aa Immunity inm arbitra
ry Imprisonment, whioh is abundantly provided in Mag
na Charta, If Indeed It were aot much more ancient,
that the statute 01 unarles II. waa enacted, bnt to out
off th. abuse, by which the Uottrnment't lust of
pouer, and the eervlle subtlety or Crown lawyer, had
impairea 00 luuaameDiai a primage.-' (uonstlt. Ultt.
ef Jnglsnd; Cb. JUIi.) -
1 to v vvnuiscuij . .
7 FAIRBANKS' S
' STANDARD .
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KULBOVKNEt kcHNSJ eV CO.
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