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NO NOll II, NO SOUTH, VKDEli Tilt CONSTITUTION, BIT A SAC It ED JI AISTENAWCE OF THAT INSTHUiriENT AMtI THE UNION.
' - ' ' v..-. . . : ... . . .. ' . . I
' - VOL. 11.
' , M'AIlTIIUll, VINTON COUNTY, OHIO, MaBCII m.
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The' Democrat Job Ollice.
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lapaiou una ai nrioea that dor competition,
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axker OHtubliahment in tliieaeotion ofoountr;.
II. A- IlraUon,
A TTORNEY AT L.4W, MuArtliur, 0 . will
J!m. praetioein Viiitun and adjoining oountiee
a. r. ttlNUMAM,
B. P. HKWITT.
' 'J A JTTORNEY8 AT LAW, McArthur.Vlnton
'il, Uo.', Ohio, will practice in Vinton and ad
f Jsiuiug Conuties. I'rompt attention will be
biv.iii to all bimnosn eturahted to tlioircure.
Olnoe flrrtt door eant Uodgea Store.
CLINTON HOUSE .
"-SCOTT & PDLLARD.
ian.'eS-ljr . , Chillicothe, Ohio.
S TAMES WATSON, 1'roprletor, Third
u Street, near Sl.iiL, Cincinnati, Ohio,
,'ia Uollur per duy.
MONTGOMERY & SON Propri-
MARIETTA AND CINCINNATI
Ttains run as follows ;
. i GOING EAST.
. . ' ACCOMODA-
t.RATt. tior: DAY MAIL.
Cincinnati, 3 SO p.m. 9 00 a.m.
' Blancliester, 6 33 p. m. 10 51 a. M.
Oreenfiield, 7 35 p. M 12 28 a. m.
Chillicothe, 8 45 p.m. 133 p. m.
Hamlen, . abbive. 3 14 p.m.
.'aleski, - . 3 48 p. M.
Alhens, 4 43 P. M.
Marietta, 7 09 p. M.
'., rarkexhur;, 7 30 p. m.
. ABBIYB. ABKIVB.
. GOING WEST.
... i ACOOMOOA
' LFATB. TION. DAT MAIL.
Parkersburg, 7 05 A. x
Marietta, 7 20 a. u.
Athens, 9 40 a.m.
Zaleski, 10 41 A. M,
Hamden. ' leave. 1118 a.m.
Chilllcothe, 5 00 a. u. 1 00 a. m.
GreenGeld, 6 12 a.m. 3 03 p.m.
Blanchester, - 8 13 A. M. 3 37 p. m.
Cincinnati,' 10 15 x. M. 6 35 p.m.
' ABBIVE. . . ABBIVR. ARRIVE.
JOHN DURAND, Sup't.
ic 4th 1882. lyr.
CHANGE OF TIME.
SCIOTO AND HOCKING VALLEY
OKand after Monday, April 16th, 1861, trine
will rune aa follower
Som Nobth MailTraln leaves Portsmonth
at T:00 A.K.;arrivesat Hamden at 10:18 r. u
rnakine eloMOonaeoUon with thranah
Marietta and Cincinnati Railroad for all! point
shi mg nit ucummoaation Train leave
Portsmouth at 1 :80 r u j arrl res at Hamden at 5
'6eiM South Jceommodation Train Ieav
Hamden at 6:15 a it; arrives at rortamonth
10:89 a. x. .Mail Train leaves Hamden at I:
wite.J.A .D.......il. .11 nnB
I Threngh Tlcketa for Marietta, Chilllcoth
CMdnnatl and Columbns,can be proctued aith
'.i .i.i - . J, W. WEBB.Hoooher
THE SOLDIER OF HE POTOMAC.
Down where Paiomac,a watori,
"Neath the aonbeam's smile,
. Lay a soldier weak and dying,
In a delirium wild., .
- Throngh his vlen tho ragltl Ibvef, '
Wild and swift did roam; ':
And the soldior's brain was wand'ring
'Mid the aconoa ef hom. ' '
Chords Fond mother, dear father,
To the aoldier come,
For hia brain was wUdly wand'ring
'Mid the scenos of home. .
Op his ear thero foil the chiming, ,
Of the old ehuroh bell; . ' w w
Came his mother's tones so holy
That lie loved so well.
Hears the murmer of the brooklet,
In the quint dell,
Scenes of sport In jonons childhood,
O'er him cast a spoil. :
Cuoics FondfibWr, dear brother,.
Grout the soldier now,
Aud he fuels hi mother's kiasos
Ou his selling brow.
"Fa'owell, mother,! am going,
To my noma of jy ;
Tluce my head upon your bosom,
KifcS jour darling bny;
Lay my form wit hiu tho churchyard,
Where I loved tostruy,
Near the old church where In childhood,
First I loarnod to prny.
Chorus Fond mother, dour father,
- To the soldor came,
For his bruin was wildly wand'ring,
: 'Mid tho scenes of home.
"Bid my Mury cense hor weeping,
When fore'er I'm gono. .
Bid her o'er my grove not mnrracr,
Sadly und forlorn."
Slow the soldier's eyes wore doting, '
Fuiully cunie lm breath,
With a murmer, 'twas but "Mary 1"
Slept tho Bloep of douth.
Chorus- Woop. eomradm, i'or the soldier.
Who huth loft your band;
Make his gravu beneath tho irlllow
In tho Southern lund.
Air—Annie Lisle, Political.
HON. GILBERT DEAN,
OF NEW YORK,
. If 1 wero to expreee my views in
roforence to the mestjac, I would say
to every intelligent man and woman
in tho State, read, study and re-read
and etudy it again send it to the
schools and the academius nutko it
a nart of tho daily recitations of the
scholars, that we may as a peoplo bo
again reminded of tho value of our
liberties. Tho very affluence of our
political privileges has made as prodi
gal in their use and and forgetful of
tueir inestimable value. iN ever in the
history of the States has such a mess
ago been delivered, and never has
such a crisis occurred. For more thai)
six centuries have our ancestors been
struggling to secure, and havo little
by little wrested from arbitrary power,
that which by three proclamations
must be forever destroyed if we sub
mit ; and submission is not only cow
ardice, but treason while the contin
ued exercise by the Executive of the
powers claimed is nsurpation.tvranny
and revolution. I know what I say,
and I eay what I know. I appreciate
my responsibilities as a citizen, as an
individual, and as a member of this
House, if 1 refused to protost against
the coarse ot the Federal Administra
tion, feeling as I do, 1 should be rec
reant to mysolt, and recreant to ray
duty as a repaesentative oi the people
of this State. I Load and continued
The Presidont bos taken an oath
''to preserve, protect and dsfend tbe
Oonsitution of the United States ;"
and knowing that that Constitution ie
the supreme law of the land, "usur
pation" is the mildest term to be ap
plied to an open, palpable and con
tinued exercise of powers, not only
conferred on tbe Executive, but the
exercise of which is expressly forbid
den. Let na see, theu, if theso Proc
lamations correspond wth the Oon
stitution, or whether, if operative.thoy
uiUBt override its provisions. If any
member on this floor can shot? me a
word in that instrument which author
izes the proclamations I will presently
read, and the orders of the Secretary
of War under those proclamations,
creating throughout loyal and peaceful
Statos, Provost Marshals, with ku
thority to arrest summarily and arbi
trarily, .any and every citizen, jtnd
without trial, make them prisoners of
war1 subjecting at tho will of theso
irresponsible Marshals, whole States,
unere war d?a rot exist, to martial
law I would like him to point it out
to me here. If it cannot be done, I
am justified in the assertion that theso
i reclamations and orders are a vio
lation of. tbo supremo law. ot tbe
land,", by ' which the Presideut has
sworn to abide.'
it is perhaps proper that I flhonld
say ia tho commencement of the argu
ment, that I am not hero to oppose
air. .Lincoln as the ir resident ot the
United States. In this very citv.wben
the candidate of tho Republican party
lor Liou tenant Uovernor in the last
fall election, and those with whom he
acted, denied the power of the general
Uovcrnmout to coerce a State, 1 took
the opposite position. aud also insisted
that Mr. Lincoln, having been consti
tutionally elected, should be inaugu
rated at all hazards. I went further,
and dtclured after tho inauguration of
tho t resident, that 1 would not oppose
any act of hi3 Administration having
tor its object to suppress the rebe'liou,
the restoration of tho Union and the
supremacy ol tho Constitution that I
was willing to take him for my poli
tical Pope, and would not question
his acts so long as he took for his
guide tho Constitution ho hud sworn
to obey and uphold. But in Septem
ber last 1 saw that tho policy of the
Government was changed, by the
proclamations aud orders then issued.
and I felt it to bo my duty, and tho
duty of every man who loves his
country and its free institutions, to
oppose any further progress in the
direction then taken. 1 thought then
tlmt it was a departure from the lino
ot tho Uonstitution. 1 believe now
that it was ; aud I ain prepared to
show to-night that the Emancipation
Proclamation, and thoso that suc
ceeded it, with the orders based on
them, are "usurpation, tyranny and
revolution." Cheers aud loud ap
plause Whuf is revolution? If changing
tho whole system of government
disregarding tho Judiciary annihil
ating tho Legislative and placing the
military superior to tho civil pqwor
bo not revolution, let it be named. 1
know that ordinarily we aascinte with
revolution, revolt, violence and blood
shed : but tlu-.so aro not essential.
Violence) and blood -shod are not nec
essary to revolution. When tho
peoplo rise and deposo their rulers or
suddenly and lorcibly chaniro their
form of government, that is indeed
revolution, and generally refoim. But
when tho rulers ushuiiio powers cot
conferred take from tho people their
heritage, desiroy their ancient fran
chise, and from exercising limited,
claim aud exercise absolute powor
that, too, is revolution ; ana it sub
mitted to without rosittanco, is an
evidence, not of popular advancement
but ot degeneracy. rAppluuso 1
' I need but refer, in illustration, to
a single, instanco in history, within
the recollection ol all. Napoleon HI,
was elected a member of the National
Assembly, after years of exile, as a
result ot the revolution of ISiS. In
December of that year, a Presideut
was to be elected for the new Repnhlic.
There were numerous candidates, and
Napoleon was successful over all.
Wnen he entered upou tho omco, he
took an oath that he would maintain
and uphold the Democratic Republic.
What their i lhe Legislative Assem
bly held its sessions, and the govern
ment ot tho Republic was seemingly
faithfully administered.until tho Presi
deut -was -ready for his coxip d'etat.
When that tune armed, what was his
first act I A Proclamation for "the
arrest of all dangerous persona." This
was the nret step toward despotism.
He fol'owed it by taking possession
of the Legiblative Assembly, which he
accomplished by having first got pos
session of tho, military. What next)
Ho issued a proclamation for the
election, by the people, of a "respon
sible Chiet," and the people of France
were made to perform the farce of
electing bim Lmperor, by passing to
tbe ballot-box through the bayonets of
bis soldiers. The peoplo did not re
sist, because they had not got the
power ; yet this was not the less a
change of government and a revolu
tion 1 Unhappily, instances are but
too numerous in history of such revo
lutions, while, although they do not
go backwards, show that power has
advanced, and that th people havo
retrograded. Loud applause.
Our Government took the first step
in this direction when, in 1861, by.
order of. the Secretary of State, sent
by telegraph or otherwise, arrests were
mado not through the. magistracy of
the State.' An editor from' Suffolk
connty, near Montauk, publishing a
paptr that was road bv tew, of limited
aud local circulation, was arrested at
the depot of the Hudson River Rail
road, ,whi'o onJiis way to a Demo
cratic ; State .Convention. Tbis .'was
foUpwod by other arrests of a similar
cbaru&er-by that of Judge Flanders,
of Franklin connty, of Mr. McMasters
of tho Freemen's Jo urnal, and manv
others; and muro recently by that of
the Kev. Mr. ucnudict, a .Baptist
minister, whoso otknae was the
preaching of a discourse from a text
taken horn Ohrist s rermon on tho
Mount "Blessed are tho poaco mak
ers" which tho Administration and
its officers deemed revolutionary. Mr.
Chairman, our Government, when it
ordered theso arbitrary arrests ot
citizens, took the "first step;" the
same as Louis Napoleon did when, in
the night' time, ho had a proclamation
posted all over the streets of Paiis,
startling and terrifying the people as
they arosu in tho morning, that all
"dangerous persons" should besoizod
and confined. It is true that the
French President followed this "first
step" by another, which gave him
control of the militaiy, and by yet
another, which placod the Legislative
Assembly in his power, so that he
was enablod at last to cany out his
policy to enslave Franco, and upon
the ruins of tho "Democratic Repub
lic," which lio had sworn to support,
to found thoEmpiro, "whose mission
Now. Mr. Chairman, wa have been
told that "revolutions never go back
ward." , They do not : but tho people
do, when thoy quietly sutler their
heritage to be taken away. Have the
citzens of this Republic thus proved
unfaithful to themselves! They did
cot resist when their fellow townsmen
weroT arbitrarily arrePted-Withont war
rant, and imprisoned without examin
ation ; but let those who would en
croHch upen their rights because of this
seeming apathy, remember that in
Rome the rope of Lacretia was the
knoll ot the larquin dynasty I Why
did not our people resist 1 Because
they telt thero was a remedy open for
them nt tho ballot box I It was thure,
through its peaceful but potent voice,
that they protestod against tho invas
ion of their rights. It was thero that
they uttered tho warning that must
not bo disregarded I God grant that
tho calm, though determined protest
which tho voters of tho Northern and
Central States have made at tho lute
elections against theso assumptions of
arbitrary and unlimited power, may be
followed by the action ot the legisla
tive councils ol their respective States
and that thus the National Govern
ment, while remitting none ot its en
ergies in overcoming armed resistance
to rightful authority, may ut once and
forever cease from making war upon
personal and individual security, and
trom issuing proclamations to abolish
the Constitution. Loud applause.
In speaking on this subject, viz:
that the proclamations which 1 shall
indicate, and the authority assnmod
and exercised, are not only palpable
violations of tho fundamental law, but
if submitted to, would destroy our
Government under the Constitution,
mean to speak calmly and deliber
ately, and tso tho. same arguments
that I won Id employ were I before that
august tnbiinul, tho Supremo Court of
the United StMes, in u case involving
the validity ol an Executive or Legis
lative act. I shall denounce no indi
vidual, nor impeach tho motives of
any public officer from tho Presi
dent to the humblest tip staff who
executes these arbitrary decree;.
The Fodoral Government is not only
one of limited and derivative powers,
but ''The powers not delegated to the
United States by the Constitution, nor
prohibited to tho States, aro reserved
to the States respectively, or to tho
peeple." That is the language of the
tenth amendment of the Constitution.
The powers delegated are not to one
persou, or to oho class of persons or
officers but to aTrinity. This Trinity
is Legislative, Executive and Judicial
and united, constitute the Government
ot the Unitud States. E tch has its
separate functions, and an assumption
by one department of the powers of
the other is usurpation. I claim that
the President,, In the present unhappy
state of affairs, has attempted to exer
c;se the wholo of these powers, aud
that such exorcise is' revolution."
What says lh6 Constitution tuAll
Legislative powers herein granted
shall bo vested iu a Cougrcsb of the
United States." - - ' ' -
iv jAcuuiivu(uvtcrBimii uo veoiou
.. 17 i.lt U.. i
III H L re-blJlUUL ui II1B t UlLtHl LLHLeB.
"The Judicial power 6hall be ves
ted in one supreme Conrt," &n. Con
stitution of the United Statos.
Each department is not onlv distinct
from but independent of the other.
T kwnrthar thci-Viff an-rittempt at
criticism on this point, on tie grotmH
that tho word "aW" is used in the
grant of Legislative power, and the
word tn in that of the Executive
power. The same article "" i
used in tho grant of J udioial power.
But will any lawyer say that "the
Judicial power does not include the
whole of the Judicial power ) When
the Constitution provides, in the arti
clo containing the grant of Legislative
power, that the writ or habeas corpus
shall only be suspended in certain
exigencies, and when the writ is pro
viiled for by legislation only, and
when all Legislative power is given
to Congress, how can the President,
as a portion ol tho Executive powor,
perform a Legislative uut ? It it can
be 6hown that any Executive power
is given bv tho Constitution to any
other than tho Executive; or any
Legislative power is given to any
other than the Legislature; or any
Judicial power given to any otner
than the Judiciary, then I will jiotd
the argument ; but until that I insist
that each department has a full grant,
and that such grant is exclusive of the
We have, then, throe departments
in onr uoverntneut, designed to be
distinct, one from the other, and no
one of theso departments has the
right to cxcrciso anv ot the powers
belonging to either of tho there. Of
all theso, the Executive powtsr is that
which most needs . to be jealously
watched. The Lcinsluturo has only
power to make laws it an not see
to their enforcement 'of decido upon
tneir constitutionality. Here in this
House, our power as a Legislature
ends. We, as legislators, can do
nothing outside this Chambor. When
we have sent forth a law, we have no
further part in its enforcement. In
like manner, the Supreme Court may
render judgment, but it can not exe
cute it. Its execution belongs to the
other branch ot tho Government. The
history of the world proves that it is
tie hxecutivo power wich generally
etrotches its attributes nnd destroys or
controls tho Legislative and Judicial
because it is the nature of power to
develop itielt, and nocessarily that
branch ot the Government, which
executes its decrees and appoints the
persons to do so, in its exercise. All
tho revenues of Government and the
sword of niAgisiracy center here ;
hence this power is the ono which
ordinarily swallows tho others. We
all know the history of tho Tribunes
ol tho People, and tho transition of
governmental functions into the hands
ot a singlo dictator ; of the Consuls ot
France, after the revolution of 1739,
terminating in tho despotism o! the
tirst .Napoleon ; ot tho lhird Napol
eon, who, after swearing to uphold
the Dumocractic Republic, bocarrie
Emperor, and is now the most abso
lute monarch in Europe.
Tho Fedearl Government, whose
powers aro uerivsd trom the States,
which powers, at tho adoption of the
Constitution, wore rogarded as very
limned, is now attempting to exercise
unlimited aud arbitrary powers
powers, which, bnt a few years ago.
wero not claimed for it by any party
ot person. Lot us beware lest the
next step downward, if wo submit
now, should entail upon us a dictator
under the title of Abraham tho First
a result already foreshadowed by
his leader in the Ilouso of Represen
tatives. Mr. Stevens, who, by vir
tue ol his position as Chairman of the
Committeo of Ways and Mear.8,holds
the pnrso strings of tho "nation, has
declared that we have the right to
make a dictator, nnder the war power
a power that has been invoked here
several times during the last ten davs
His language is this: "Ir any ou
forseen emergency should arise, on
dangering the existence of the Repnb-
lie, me neeuou til mu uoilBl'UlUlon
which sa"s that 'tho President shall
take care that tho laws be faithfully
executed,' creates him as much dicta
tor, for the time being, as a decree of
tho Koman benato made a Consul
dictator. But when CoDirress assem
b)d they would have the Bame full
powers. If no other means were left
to save the Republic from dentrnctiou
I believe we hf.vo power nnder the
Constitution,' and according to. its
erpress provision, to declare a dictator
wiuiuui COlinillllg trie ChOICO tOf any ,
liTMfTPP or I id NiilUN-.munt 'F l ''
This startlinsr announcement U from
:.i u i . .
the Jeader of the Admiustrafio'n party
iu Congress ; and I may add that tho
course justified by him has bfeoir' pro-1
poHed more than once by s' leaUin "
IjournaUu NewYork,n:iririurintial ,v
organ uUtik Mmtfmf?''''
Hiiotiier ,ioaBin wuy tno rublio
mind was alanntid by the most extra
ordinary assumption of powor by the
UiXocutivc, i nave only to.say that
whileno Judge and" no Court has
intimated an? opinion In favor of the
right of the President to suspend tho
writ of habeas corpus,"1 1 haver tho
highest authority of tho Conrri for
denying any such right. : I o the 'case
ot xMerrlman, Chiet Justice Taney
decided as follows:, ". '
1. The President, under tho Consitution
and laws of the United States, 'can not sus
pend tbe privilege of ibe writ of habeas
corpus, nor authorize any military officer to
do so. . ,
"2. A military offiier has no rieht to ar
rest and detain any person not subject to
the rules and articles of war, or an offense
against the laws oftlieUnit'.d Slates, flcept
ui aid of the judicial aiuliority, ami subject
to its control ; and if. the party is arrested
by the military, it is the duly of the officer
to diliver him over imme Mutely to the civil
suthor'uy, to be dealt with according to
law," ... . ; I .
Judge -II nil, in the case of Rer.1 M.
Bonedict, lays :
The deliberate opinions of Bfarsball arid
Story, and Martin, nnd of the other Justices
of the Supremo Court, who concurred ia the
opinion. of their chief, in the case of Holl-
man and owartwoul, (4th Cranch, 75) sup
ported as they are, in my judgment, by un
answerable urgumentfe, are decisive of the
question, and constrain me to decide that
the President, without the authority of
Congress, has no constitutional power Id
suspend the writ of habeas corpus ia the
United States. ' 1
I cito no other anthorities now, be
cause I deem these to be sufficient on
this" subject. J What, then; is onr con
dition in roferenco to arbitrary arrests,
and fiow is that tho peoplo of tho loyal
North were sized with consternation
when they heard that the Presi
dent hud disregarded this writ of
freedom, had subverted the Constitu
tion, and proclaimed his will as tho
"Btipremo law of the laud?" Tho
Bastilo ot trance, after standing aa
tho synonym of despotism for flvrj
centuries, was attacked by the peoplo
in tho revolution of 1789 tho great
ditch surrounding it was crossed its)
walls were scaled pnd demolished, and
tho people who entered its colls fonni
engraven on its walls, by one who haol
occupied its dungeons fifty years be
fore, these prophetic words :
" The Ua8tu0 snail be destroyed.
and the people shall dance oh the)
areas whtre it stood" - '
It is a singular coincidence that tha
key of tnat noted prison was brought
here by Lafayette, aud presented to
Washington, as a trophy of - popo'ar
triumph over despotic power, and by
Washington deposited at Mt. Vernon,
where it ret remains : and that' a
fortress erected in New York Harbor,
to defend the State, named Lafayette,
in honor ot that, apostle of liberty,
should bj tho first place of imprison
ment selected by this Administration
for citizans arrested without law, bo
tflat "Fort Lafayette" is now known
the world over as the "Mooskk
Bastile f- f Loud applause.
1 ask gentlemen to read the cauoea
f tho revolution ot 1C88, which de
throned James the Second and inau
gurated tl.o reign of William and
Mary. Tlw principal cause of that
revolution was tho attempted repal,
or disregard, by King James, of tho
writ ot Habeas Corpus, lio t although
that despotic monarch desired to sus
pend, or disregard the writ, he had
not tho power to do it. lhe most
notable proof of this is (oend in tha
historical lact, to which I now refer.
Tho King had a mistress named Mrs.
Sedley, whom he desired to discard,
and to remove from England. I
quote from Macintosh ; volume boo
ond, page CI : . i . '
-James seut Lord Middleton, one of his
Secretaries of State, to desire that she shot id
leave Whitehall, and go. to Holland, to
which country & yach. was in readiness to
convey her. ' She retired to her
house in St. James Square. .' ' Proles
ted against going to the Continent, where
met no might be lound ol lmmunna her in a
convent lor life. When threatened with
being forcibly carried abroad, bhe appealed
tome Ureal Luarler against such an Invas
ion of the liberty of tha subject.? V . . :
Yes I this feeble woman, the crea
ture oi the ting's pleasure, returned
to her own house, which,' by the law
of England, is a caBtle whose walla,
whether of stone or of , wood,' are ft
protection against the power, even pf
4 Concluded on second rmgef ' 1